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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May a Missouri firm defend County B criminal cases when one member is a part-time prosecutor in County A?
Only if the arrangement is lawful, the prosecutor is screened under Rule 4-1.11(b), and each material-limitation conflict satisfies every Rule 4-1.7(b) condition. Particular cases may create…
May a Missouri lawyer pay a deceased lawyer's lien when no estate has been opened?
No, unless the paying lawyer undertook to complete the deceased lawyer's unfinished work and pays a fair share to the estate under Rule 4-5.4(a)(2). Without an estate and that completion role,…
May a Missouri lawyer obey a court order requiring client information when the client refuses consent?
Yes, after asserting all nonfrivolous objections and consulting the current client about appeal after an adverse ruling. If review is not sought, the client is no longer current, or no good-faith…
May a lawyer represent a father's guardian while also serving as the father's guardian ad litem in a child abuse case?
The opinion identifies a nonconsentable direct adversity conflict if the guardian's stated interests for the father differ from those the lawyer asserts as guardian ad litem. It declines to decide…
What does a Missouri lawyer owe clients after a supervised nonlawyer assistant discloses their confidential information?
The opinion requires notice to every affected client and enough explanation for informed decisions about the representation. Rule 4-5.3 may also make the lawyer responsible for the assistant's…
May a Missouri lawyer hold advance expert witness fees and another lawyer's fee share in a trust account?
The opinion permits depositing advance expert witness fees in the lawyer's trust account subject to the cited deposit and disbursement procedures. It also requires a lawyer holding a co-counsel's…
May a court allow a legal aid program to offer free help to eligible landlord-tenant litigants at a courthouse table?
Yes. The committee found the court could authorize the program and related study if proper disclaimers made clear that the legal aid lawyers were not associated with the court.
Can an in-house lawyer for one corporate subsidiary also provide legal services to another subsidiary of the same parent?
Yes. The opinion concludes an in-house lawyer may represent multiple subsidiaries of the same parent, including on the unrelated matter presented, while remaining attentive to Rule 1.7 conflicts and…
Can one lawyer represent both the buyer and the seller in a real estate transaction, even if they are related and consent?
Almost never. The opinion concludes that representing a buyer is directly adverse to representing the seller under Rule 1.7, and the rare cases where dual representation could be proper depend…
May a Nebraska lawyer accept digital currency for fees or hold it in trust or escrow?
Yes, subject to safeguards. Earned fees should be converted immediately at an objective market rate, third-party payors must be identified, and digital currency held for others requires a separate…
Can a lawyer who is helping a husband prepare for divorce also represent both spouses in a short sale of their home?
Only rarely and only with informed consent. The opinion concludes the short-sale representation is directly adverse to the wife under Rule 1.7(a)(1), and it will be a rare case where the lawyer can…
May a Nebraska lawyer who lacks Parenting Act mediator training privately mediate custody or parenting matters?
The lawyer is not categorically barred when no court proceeding or modification has been filed. In a filed case, Parenting Act training may be mandatory unless the parties agree to the private…
Can a lawyer advertise a 'Best Lawyers' or 'Super Lawyers' designation and use the organization's badge in marketing?
Yes, if the designation rests on strict, objective, verifiable standards, the standards (or where to find them) and the year are disclosed, the source is clearly attributed, no payment is required…
May a firm continue a class action against a former corporate client's successor when only a deceased partner handled unrelated matters for that client?
The committee permitted the firm to continue without the successor's consent on the stated facts: the prior matters were not substantially related, and no remaining lawyer had worked on them or…
How long must an Illinois lawyer keep closed client files, and can the firm destroy them without notifying former clients?
The opinion concludes a ten-year (and generally a seven-year) retention period for ordinary closed files is reasonable; trust and financial records must be kept seven years and client-identity…
May a Nebraska lawyer scan a closed client file and immediately destroy the paper copy?
Yes. The Rules do not require a paper copy, but the lawyer must consider the client's interests and expectations, original documents, future evidentiary needs, access, and confidentiality before…
Can a lawyer with a virtual practice use a post office box, instead of a home or street address, as the office address in advertising?
Yes. A post office box satisfies Rule 7.2(d)'s requirement of an office address for at least one responsible lawyer, provided the PO box is on file as the lawyer's current mailing address in the…
May a Vermont lawyer accept ACH deposits into an IOLTA account, and what if a deposit is reversed?
The opinion permits ACH deposits into IOLTA accounts. If a transfer is reversed, Rule 1.15(h) requires the lawyer, on learning of the failure, to act immediately to protect other clients' or third…
Must a lawyer disclose a client's drug addiction to the court to prevent reasonably certain death or substantial bodily harm?
Not automatically. The opinion concludes that whether Rule 1.6(c) requires disclosure is intensely fact-sensitive, and a client's addiction alone, without aggravating circumstances, does not make…
When representation ends, what must a Wisconsin lawyer give the client from the file, and can the lawyer hold it for unpaid fees?
The opinion concludes that the file is the client's property and SCR 20:1.16(d) requires the lawyer to surrender it on request when representation ends, including in a usable electronic format if…
How much can a lawyer disclose when moving to withdraw from a case for unpaid fees?
Only the minimum needed. The opinion concludes that a lawyer should first cite 'professional considerations,' and if the court demands more, Rule 1.6(b)(5) permits disclosing only the confidential…
May a judge join a governor-elect’s volunteer brainstorming forum on substance abuse?
West Virginia JIC Opinion 2016-33 permits participation in the stated volunteer forum as incidental service under Rule 3.4 and the state constitutional office-holding provision.
Can a criminal defense lawyer represent a defendant when the lawyer's spouse is a police officer or detective at the arresting agency?
The opinion concluded that a lawyer is not categorically barred from defending a criminal client when the lawyer's spouse is an officer or detective at the arresting or investigating agency who is…
Do solo lawyers who share office space but are not a firm have to follow the fee-splitting rules when they divide a fee?
The opinion concluded that lawyers who practice in association but are not in a partnership, of counsel, or other recognized firm relationship are not in the 'same firm' under Prof. Cond. R. 1.5(e),…
Must a lawyer keep confidential what a prospective client said in a consultation even if the lawyer was never hired, and can the lawyer be an impeachment witness?
The opinion concluded that under Prof. Cond. R. 1.18 a lawyer owes a duty of confidentiality to a prospective client about information learned in a preliminary consultation, even if no…
Can a lawyer licensed in another state open an Ohio office to handle only federal matters, and how must the letterhead read?
The opinion concluded that an out-of-state lawyer admitted and in good standing elsewhere who is authorized to appear before a federal court or agency in Ohio may maintain an office or systematic…
How must a lawyer handle a fee that has to be split with a lawyer at another firm?
Treat the other lawyer as a third person under Rule 1.15. The opinion concludes that the lawyer who receives the fee must hold it separate from the lawyer's own property, promptly notify the other…
May a West Virginia senior status judge appear in a Virginia tribunal for a law firm client while remaining a senior judge?
West Virginia JIC Opinion 2016-32 says the judge cannot both retain senior status and appear for the firm’s client before a Virginia tribunal; representing the client requires resigning senior…
May a West Virginia senior status judge represent a son in criminal matters?
A majority in West Virginia JIC Opinion 2016-31 permits representation in both matters if the judge has met the requirements for returning to active law practice, treating it as limited practice…
Can a prosecutor (or anyone in the prosecutor's office) prosecute a defendant whose bail bondsman is the prosecutor's spouse?
Per the Committee, not unless the government consents under Rule 1.06(c), or unless on the specific facts the prosecution does not reasonably appear to be adversely limited by the prosecutor's…
If two lawyers are married and their firms represent opposing parties in the same matter, is there a conflict, can it be cured by consent, and is it imputed to everyone at each firm?
Per the Committee, marriage between lawyers at opposing firms does not automatically create a conflict, but it does under Rule 1.06(b)(2) when the representation reasonably appears to be adversely…
What must a Texas lawyer do to keep confidential metadata out of documents they send, and what may a lawyer do with metadata they receive from opposing counsel?
Per the Committee, a lawyer's duty of competence and confidentiality (Rules 1.01 and 1.05) requires reasonable measures to remove confidential metadata before sending documents; on the receiving…
May a family judge speak with a court-appointed guardian ad litem outside the parties’ presence?
West Virginia JIC Opinion 2016-30 calls for party consent in most cases, while recognizing that a guardian may need a prompt ex parte disclosure when a child faces a high risk of probable harm.
May an incoming family judge remain on boards for a group home, housing partnership and campus ministry?
A majority in West Virginia JIC Opinion 2016-29 permits continued service on all three boards on the stated facts, with judicial duties taking priority.
Can a lawyer host educational seminars and webinars for non-lawyers, publicize them, and discuss representation with attendees afterward?
Yes. The opinion concludes a lawyer may organize and present such programs and follow up about representation, subject to the advertising and solicitation rules: a hiring pitch can turn the program…
May a Wyoming circuit judge join a local council lobbying for domestic violence law changes?
Wyoming JEAC Opinion 2016-04 says the circuit judge may not join the described local council because its lobbying and members' work overlap with cases the judge hears. It permits infrequent guest…
Can a lawyer pay a client's settlement funds on a fully-loaded pre-paid debit card instead of by check?
Yes. A lawyer may give the client that option and use a pre-paid debit card to pay funds the client is owed, provided the lawyer adequately discloses the relative merits and costs of the payment…
Can a lawyer refer clients to a third-party lender to finance the lawyer's fees, when the lawyer pays the lender and gets loan-status updates?
Yes, if the lawyer obtains informed consent and complies with Rule 1.8(f), and the fees the lawyer pays the lender do not amount to financial assistance to the client under Rule 1.8(e). The lawyer…
May a Colorado judge on the PERA Board decide administrative benefit appeals as a panelist?
No. The Board held that deciding PERA benefit appeals on a trustee panel is arbitration or another judicial function outside assigned judicial duties and violates Code Rule 3.9, although the judge…
May a Colorado juvenile judge serve on a child-services nonprofit board that engages in legislative advocacy?
Yes, subject to Code limits on impartiality, frequent disqualification, judicial duties and misuse of office. The Board withdrew its contrary 2007-07 opinion under the former Code.
I once drafted powers of attorney for a woman's parents that named her as successor agent, but I never represented her. Can I now represent her husband in their divorce?
The panel concluded there is no conflict. Because the attorney never performed legal work for the wife, she is not a former client owing the attorney no duties; the former clients were her parents,…
Can a Virginia lawyer train social workers to help pro se litigants fill out small-claims forms without assisting the unauthorized practice of law?
The opinion concludes that, because UPL Op. 207 holds a non-lawyer who selects forms or gives legal advice to a pro se litigant engages in the unauthorized practice of law (mere dictation-based…
How does Virginia classify retainers, advanced fees, fixed fees, and contingent fees, and when must a fee go in trust or be refunded?
A true retainer (paid to secure availability) is earned when paid and is the lawyer's property, so it stays out of trust; advanced legal fees and fixed fees belong to the client until earned and…
Could an Illinois judge serve on a bar association law section council and vote privately on proposed legislation?
Yes. The Committee allowed the described council service and private votes on pending legislation because they did not interfere with judicial duties, compromise impartiality or use judicial…
How may a D.C. lawyer use social media in representing clients, including reviewing an opponent's posts, advising on a client's own accounts, and preserving evidence?
The opinion concludes that competent and diligent representation under Rules 1.1 and 1.3 may require a lawyer to understand, use, and review social media, and to advise clients about the…
Do the D.C. ethics rules apply to a lawyer's social media accounts, including a personal page, and what must a lawyer watch for in posts, reviews, and endorsements?
The opinion concludes that the D.C. Rules apply to a lawyer's use of social media for both business and personal reasons, and that any social media presence, even a personal page, may be considered…
Can a lawyer use a web bug or email tracking device to monitor documents sent to opposing counsel?
No. The opinion concludes that using a web bug or tracking device to monitor how opposing counsel handles documents violates Rule 8.4 and impermissibly infringes on the duty to preserve client…
May an incoming judge continue as a compensated trustee of a charitable lead trust?
West Virginia JIC Opinion 2016-27 permits continued trustee service and quarterly pay, with disclosure of trust-related attorney relationships if those lawyers appear before the judge.
May a judge request the prosecutor’s list of proposed grand jury defendants and charges before a session?
West Virginia JIC Opinion 2016-26 finds the advance request appropriate to facilitate the grand jury process and preside over its report.
May a former county prosecutor serve as drug court judge when former prosecution cases enter the program?
West Virginia JIC Opinion 2016-25 permits the role under a limited necessity exception. In cases prosecuted during the judge’s elected-prosecutor tenure, the judge cannot preside over a criminal…
May a judge hear county council civil cases when the judge’s daughter is prosecutor but separate counsel handles the cases?
West Virginia JIC Opinion 2016-23 permits those civil matters because independent county counsel handles them, but requires disclosure of the daughter’s prosecutor role and applicable Trial Court…
Can a Florida lawyer refer clients to a finance company that loans them money to pay legal fees?
Yes, if the lawyer has no interest in the lender, offers other payment options, charges no higher fee, keeps the representation regardless of repayment, and gets no benefit beyond the fee.
Can a Florida personal injury lawyer forgive part of the advanced costs a client owes out of a small settlement?
Yes, in the circumstances presented: where there was no upfront agreement to be unconditionally responsible, the forgiveness occurs after settlement, and the lawyer takes no fee.
Can a private New York law firm call itself 'Jane Doe Legal Services, PLLC'?
No. The opinion concludes that 'legal services' is too 'like' the terms reserved for qualified legal assistance organizations under Rule 7.5(b), and the legal-clinic safe harbor does not extend to…
May a judge whose spouse is a police detective handle warrants in cases where the spouse had no involvement?
Generally yes. The committee said the spouse’s police employment alone did not require disqualification, but the judge must recuse when the spouse was involved and consider case-specific interests.
Can a criminal defense lawyer advise a client about drug treatment and a court diversion program, and recommend it even if failing carries harsher penalties?
Yes. Under Rule 2.1 the lawyer may advise on non-legal considerations like treatment and must competently explain the risks and alternatives, but under Rule 1.2(a) must follow the client's decision;…
Can a West Virginia lawyer borrow from a third-party lender to advance litigation costs in a contingent-fee case, and pass the loan's interest and costs on to the client?
Yes, with conditions. The Board concludes the Rules of Professional Conduct do not bar a lawyer from borrowing from a third-party lender to fund litigation costs, and the actual interest and costs…
Can an Ohio lawyer use client testimonials and online reviews in advertising, and do they need disclaimers?
The opinion concluded that a lawyer may use a client testimonial in advertising if it is not false, misleading, or nonverifiable and does not create unjustified expectations; testimonials about…
How long can a lawyer hold a client's settlement funds in trust to let the check clear before paying the client?
The opinion concluded that a lawyer may hold client funds in trust for a reasonable period to confirm the deposited check has cleared, and that one week to ten days is reasonable given federal…
Can a Colorado lawyer charge interest or a finance charge on a client's unpaid legal fees, and does the lawyer have to disclose it in advance?
The opinion concludes that a lawyer may contract to charge reasonable interest on unpaid fees and expenses, but may not unilaterally impose interest or a finance charge absent a prior agreement with…
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.