Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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Can an employer's lawyer make a lump-sum workers' comp settlement offer that includes the employee's attorney fees?
Generally yes. The opinion concludes such offers are ethically permissible, though they create a conflict between the employee's lawyer and client; the lawyer may continue under Rule 1.7(b) with the…
Must a criminal defense lawyer who doubts the client's competence seek a competency evaluation before letting the client plead guilty?
The opinion concludes that defense counsel has no automatic duty to seek a competency evaluation; counsel should first try to maintain a normal client-lawyer relationship under Rule 1.14, take…
Must a family judge recuse whenever a former law-firm colleague, former client and campaign committee member appears?
West Virginia JIC Opinion 2017-12 rejects automatic disqualification for the described BCSE lawyer, but requires full disclosure of the relationship and applicable Family Court Rule 58 and Trial…
Can a family-law attorney who serves as a foster parent keep representing children and other parties in Family Court proceedings in the same county where the social services department runs the foster care system?
Yes, in general. Usually the foster-parent role poses no significant risk to the lawyer's judgment, so no consent is needed. But where a reasonable lawyer would see a significant risk that the…
Can a company's in-house counsel hand over the attorney-fee portion of an insurance arbitration award to the company employer without it being improper fee sharing?
Yes. Because New York no-fault insurance law entitles the prevailing claimant, not the attorney, to the fee award, the in-house lawyer may sign the fee portion over to the company without violating…
Can a North Carolina lawyer buy text-message advertising sent to subscribers of an SMS service, and can the lawyer call a subscriber who opts in?
Yes. A lawyer may pay for text-message advertising that complies with Rules 7.1, 7.2, and 7.3; because the ad goes to a general subscriber list it is advertising, not targeted solicitation, and the…
Can a retired New Hampshire lawyer keep an ownership stake in their former firm or share in fees the firm earns after retirement?
A retired lawyer may keep an ownership interest or control, and may share post-retirement fees, only if the lawyer remains a licensed lawyer (active or inactive, or admitted elsewhere); a lawyer who…
Can a personal injury lawyer own a business that buys and sells the medical liens of other lawyers' injury clients?
No. The Committee concludes it is unethical for a lawyer who handles personal injury cases to be in the business of buying and selling other attorneys' clients' medical liens, because the lawyer's…
Does a government agency lawyer satisfy the duty to report another agency lawyer's misconduct by reporting it to the agency's internal ethics office?
Reporting to the internal ethics office is consistent with Rule 8.3, but it does not by itself discharge the duty unless that office is a tribunal or an authority empowered to investigate or act.…
Can an Ohio lawyer send unsolicited emails to get clients, and what disclosures must the email carry?
The opinion concluded that a lawyer may use email to solicit professional employment because email is a written communication that does not involve the real-time contact prohibited by Prof. Cond. R.…
Can a lawyer in the firm where the newly elected district attorney was once a partner represent criminal defendants the DA's office is prosecuting?
Yes, if the district attorney has fully severed ties with the firm and a reasonable lawyer would not find a significant risk that the prior relationship will adversely affect the lawyer's judgment.…
Can a Maine prosecutor contact a crime victim who has their own lawyer without that lawyer's consent?
Generally no. Under Maine Rule 4.2, a prosecutor who knows an alleged crime victim is represented by counsel on the criminal matter or a closely related civil matter may not communicate with the…
May a Maryland senior judge join the Baltimore Police Department consent-decree monitor team?
Maryland Judicial Ethics Opinion 2017-08 permits service on the proposed court-agent monitor team with broad limits on later senior-judge assignments involving Baltimore parties or police misconduct.
Is the identity of a current or former client protected by the duty of confidentiality?
The opinion concludes that under SCR 20:1.6 the duty of confidentiality protects all information relating to the representation, whatever its source, including a client's identity, so a lawyer may…
May a Colorado judge contact members of Congress to endorse legislation or cabinet nominees without using a judicial title?
Only contact about the law, legal system, administration of justice, or knowledge gained through judicial duties falls within Rule 3.2's exceptions. The proposed political endorsements or protests…
Can a lawyer disclose a client's confidential information, such as billing time sheets, to support a fee claim in a fee dispute?
Yes, a lawyer may disclose confidential information reasonably necessary to establish or collect a fee, but must take all reasonable measures, such as redaction or seeking the court's guidance, to…
Can a lawyer who earns a broker's commission in a real estate deal also act as the buyers' attorney, even if the legal work is pro bono and the buyers are long-time clients and friends?
No. A lawyer who takes a commission as broker in a real estate transaction may not also serve as a lawyer to a party in that transaction. The conflict is per se nonconsentable, and offering the…
May a Utah lawyer contribute to, or be an officer or employee of, an entity that advocates for or against a judge's retention election?
Yes. A lawyer may submit comments to, contribute money to, or serve as an officer or employee of an entity advocating for or against a Utah judge's retention, but the lawyer's statements (and…
My firm represents both the buyer and the seller as existing clients. Can two lawyers in the firm, with an internal screen, represent each side in the sale of a division of the seller's business?
On these facts, the panel found a non-waivable Rule 1.7 conflict: the firm regularly represented the experienced seller on its business, while the buyer was making a first business purchase. A…
May a judge ride in a charity motorcycle fundraiser chaired by the judge’s spouse?
West Virginia JIC Opinion 2017-11 permits the spouse to chair the event and the judge to ride, subject to Rules 3.1 and 3.7 on outside activity and fundraising.
Could an active judge serve on a local justice council reconvened to recommend ways to reduce jail population?
Nebraska Judicial Ethics Opinion 17-1 advised against serving as a council member for that purpose, while allowing limited factual assistance on justice-system matters.
Can an immigration firm work with a nonlawyer foreign migration agent who refers clients and handles communication and translation, charge the client for those nonlegal services, and what must be disclosed?
Yes, if the relationship is not exclusive, the agent does not interfere with the lawyer-client relationship, the client consents to the referral conflict, and the lawyer pays nothing for referrals.…
Can a Colorado lawyer let a third party, such as a parent, employer, or family member, pay the client's legal fees?
Yes, under Rule 1.8(f). The opinion concludes a lawyer may accept payment from someone other than the client if the client gives informed consent, the payer does not interfere with the lawyer's…
Can a government-employed ombudsman attorney give limited legal advice to a self-represented party without forming an attorney-client relationship?
Formal Ethics Opinion 2017-F-162 concludes that a workers' compensation ombudsman attorney may give limited legal advice to pro se litigants under RPC 1.2(c) without creating an attorney-client…
May a family judge hear cases or appoint guardians ad litem from the firm that represented the judge before taking office?
West Virginia JIC Opinion 2017-10 permits those cases and proportionate guardian appointments, with disclosure of the prior representation and an opportunity for parties to object.
When a D.C. law firm dissolves, what do the firm and its lawyers owe their clients on notice, choice of counsel, files, and money?
The opinion aggregates the D.C. ethics duties that attach when a firm dissolves or dissolution becomes reasonably foreseeable. The firm and its lawyers must keep representing clients competently and…
How long must a Wisconsin lawyer keep closed client files before destroying them?
The opinion concludes there is no fixed retention period in the rules, but if the former client has not requested the file the lawyer should keep it at least six years after the last act that could…
Must a new family judge recuse from every case involving someone the judge previously prosecuted?
West Virginia JIC Opinion 2017-08 rejects blanket disqualification, but calls for full disclosure in each such case and Trial Court Rule 17 procedures when applicable.
May a judge run for a church parish council seat or serve on its finance committee?
West Virginia JIC Opinion 2017-07 permits either role, subject to judicial duties taking precedence and the limits in Rules 3.1 and 3.7(A)(2), (6).
Must a judge recuse from all prosecution cases after the judge’s daughter joins the prosecutor’s office?
West Virginia JIC Opinion 2017-06 requires recusal when the daughter had any involvement, but permits cases handled solely by other prosecutors with full relationship disclosure and applicable Trial…
If I discover another lawyer at my firm fraudulently billed a client, must I report it to the disciplinary authority?
The Rule 8.3 duty to report another lawyer's billing fraud is limited by the duty of confidentiality: the firm must tell the client, but it may not report to a disciplinary authority if doing so…
Can a prosecutor publicly display drugs, weapons, or other contraband seized in a criminal investigation?
No. The Committee held that public displays of seized drugs, weapons, or other contraband are extrajudicial statements that violate RPC 3.6 and 3.8, and that the 2004 rule amendments did not change…
Can a public defender appear in the court where another member of the same public defender office serves as a part-time judge?
No. Members of a public defender office are generally one firm, and the part-time judge's own judicial-conduct rules bar the judge from letting office colleagues practice in the judge's court. Under…
Can I advise and assist clients in Rhode Island's medical marijuana program when the conduct is legal under state law but a federal crime under the Controlled Substances Act?
The panel concluded yes. A lawyer may advise clients about Rhode Island's medical marijuana law and represent, advise, and assist clients in activities relating to and in compliance with that law,…
When must an Ohio judge report another judge's or a lawyer's misconduct, and does reporting a lawyer require the judge to recuse?
The opinion concluded that under Jud. Cond. R. 2.15 a judge with knowledge that another judge or a lawyer committed a violation raising a question about honesty, trustworthiness, or fitness must…
Can a lawyer advertise 'no fee unless we win' if the client is still responsible for litigation costs?
The opinion concluded that a lawyer who advertises contingent-fee litigation services may not use statements like 'no fee without recovery' or 'no charge unless we win' if the lawyer intends to…
Can a law firm use electronic or digitized signatures, instead of wet-ink signatures, on checks drawn from its attorney trust or IOLA account, and process them in batches?
Yes. Rule 1.15(e) requires only that an authorized signatory be a New York-admitted lawyer; it does not require a handwritten signature. A firm may use digitized signatures and batch processing as…
Does a judge endorse a son-in-law’s campaign when the judge’s daughter places a banner at her business?
West Virginia JIC Opinion 2017-05 finds no Rule 4.1(A)(3) violation where the daughter chiefly owns the business and the judge has no involvement in it.
Must a lawyer report another lawyer who merely says out loud that he is thinking about violating an ethics rule?
The opinion concludes there is no duty to report, because Rule 8.3(a) requires reporting only a known violation that raises a substantial question of honesty, trustworthiness, or fitness, and an…
When a client fires a lawyer, what part of the file must the lawyer hand over, and can the lawyer charge to copy it or withhold parts?
Absent a valid lien, a lawyer must give the former client the entire file, with narrow exceptions (another client's materials, the lawyer's own relationship documents, internal administrative…
May a new judge hear former guardian ad litem cases or cases involving lawyers renting the judge’s former office?
West Virginia JIC Opinion 2017-04 bars the judge from former guardian cases, but permits cases involving the office tenants with disclosure and Trial Court Rule 17 procedure for the next six months.
After a North Carolina lawyer wins a judgment against a former client for unpaid fees, can the lawyer give the sheriff the client's bank account information learned during the representation to help execute on it?
No. Disclosing the former client's bank account information to the sheriff would violate Rule 1.6(a). The self-defense exception in Rule 1.6(b)(6) covered proving the services in the fee suit, but…
Can a North Carolina lawyer negotiate for a job at the law firm representing the opposing party in a matter the lawyer is handling?
Yes, but only with the client's informed consent. A lawyer who is representing a client or holds confidential information about the matter may not engage in substantive employment negotiations with…
Must a lawyer report another lawyer's misconduct to bar counsel when the lawyer learned of it from a document that may be client confidential information?
Rule 8.3 requires a report when the lawyer has a firm belief the violation more likely than not occurred. But if the supporting document is the client's confidential information under Rule 1.6, the…
After a client dies, can the lawyer release the client's will-execution file during a will contest when no estate representative has been appointed?
No. The duty of confidentiality survives the client's death, and until a personal representative or other fiduciary is appointed who can consent, the lawyer may not release the file absent a court order.
Can a lawyer represent a second client against a defendant the lawyer is already suing for a different client?
It depends on the facts. The lawyer must evaluate whether confidentiality or conflict problems exist under Rule 1.7 and discuss them with both clients before taking on the second representation; if…
When a lawyer moves to a new firm and clients follow, do the old firm's fee agreements still work or must new ones be signed?
New engagement letters should be signed for hourly matters and must be signed for contingent matters, even if no terms change. Any material change to the terms after the representation began must be…
May a magistrate write a social-work thesis on community responses to domestic violence while hearing such cases?
West Virginia JIC Opinion 2017-03 permits the thesis within the cited Code limits, allowing procedure and statistics but no views on specific facts or pending or impending matters.
May a magistrate sit on the board of a city-owned nonprofit hospital whose personnel may appear in court?
West Virginia JIC Opinion 2017-02 bars the board service because hospital personnel may regularly appear as witnesses or in fee cases before the magistrate and circuit courts.
Can a lawyer pay a bar association referral service a fee when that service will share it with another bar association's referral service?
Yes. The opinion concludes a lawyer may pay a referral fee to a bar association's qualified lawyer referral service even when that service shares part of the fee with a second bar association…
Can a lawyer use a nonlawyer-owned online service to find and hire per diem lawyers for court appearances, and does the client have to consent?
Yes. A lawyer may use or list in a nonlawyer-owned online per diem directory if the service does not recommend or select the lawyers, is open only to lawyers, and charges a flat fee. Client consent…
Can a law firm's retainer agreement give the firm 20 days to be paid and then automatically charge the client's credit card for the full unpaid balance?
Yes, a retainer may secure fees by credit card and auto-charge amounts unpaid after 20 days, but only if it expressly tells the client of the right to dispute any invoice and seek fee arbitration…
Is a lawyer ethically required to accept every prospective client, and can refusing a case ever be unlawful discrimination?
No, a lawyer is generally free to decline any prospective client, but that freedom is limited by anti-discrimination law: Rule 8.4(g) bars unlawful discrimination in the practice of law. Whether a…
May a circuit judge hear pending cases in which the judge’s spouse serves as guardian ad litem?
West Virginia JIC Opinion 2017-01 bars the judge from presiding over any case in which the spouse appears as guardian ad litem.
Can a New Mexico personal injury lawyer agree to personally indemnify the opposing party against third-party claims as a condition of the client's settlement?
No. A lawyer who personally guarantees, from the lawyer's own funds, to indemnify the opposing party against future third-party claims provides prohibited financial assistance to the client and…
May insurance-retained defense counsel disclose to the carrier evidence the counsel obtained from a third party that could let the carrier deny coverage to the insured?
No. Defense counsel cannot disclose coverage-defeating information to the carrier even when learned from a third party; the irreconcilable tripartite conflict requires mandatory withdrawal.
How much can a lawyer tell the court about why they want to withdraw from a case without violating client confidentiality?
The committee concluded that a lawyer may always tell the court there is a basis for withdrawal under RPC 1.16, or that professional considerations require it, without revealing the specific reason;…
Can a Tennessee firm form an interstate partnership operating under a trade name and share a building with a title company it is affiliated with?
Formal Ethics Opinion 2017-F-164 concludes that interstate law firm partnerships are permitted if they comply with the Tennessee Rules, may use a trade name if it complies with RPC 7.1 and 7.5, and…
May a family judge hear a later case involving parties for whom the judge formerly served as mediator?
West Virginia JIC Opinion 2017-09 bars the judge from later matters involving the same mediated issues; unrelated issues may be heard after disclosure and an opportunity to seek recusal.
May a Missouri lawyer join a firm adverse to a client the lawyer substantially represented at the old firm?
Not in the same or a substantially related matter without the former client's informed written consent. The conflict reaches the new firm, Missouri does not recognize screening under Rules 4-1.9 and…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Weight varies by state: Most bar opinions are advisory, not binding like court discipline decisions, though formal opinions carry substantial weight. Some states go further: Georgia and Virginia opinions approved by the state supreme court bind lawyers there, New Jersey's bind the ethics committees that decide grievances, Rhode Island and Alabama protect the lawyer who asked for an opinion and followed it, and Utah and North Dakota protect lawyers who rely on one. Each opinion page says how much weight its opinion carries.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.