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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Is a judge disqualified from reviewing the constitutionality of a statute the judge voted on as a legislator?
No automatic disqualification follows from the earlier vote. The Commission says special circumstances or personal knowledge of disputed legislative facts may require recusal; it did not decide the…
If a firm partner is a part-time public defender, can another lawyer in that firm take assigned cases the public defender's office is conflicted out of?
Not without informed written consent. A part-time public defender's conflicts run to the whole PD office and then are imputed across his private firm, so other firm lawyers are disqualified from…
Can a lawyer secure unpaid legal fees by having the client sign a promissory note and a mortgage on the client's property?
Yes, but it is a business transaction under Rule 1.8(a): the terms must be fair and reasonable, fully disclosed in writing, the client must give informed written consent, and the client must be…
If I receive the opposing party's confidential information, whether a client stole it or it was sent to me by mistake, do the Texas rules require me to notify opposing counsel?
Per the Committee, no; Texas has not adopted ABA Model Rule 4.4(b), so failing to notify opposing counsel does not by itself violate the Texas rules, whether the information was taken without…
Can a Minnesota lawyer reveal client information to respond to a negative online review?
No. The opinion concludes that Rule 1.6(b)(8)'s self-defense exception does not permit a lawyer to reveal information relating to the representation of a client when responding to comments, negative…
Should a judge recuse from a lender’s foreclosure case after having six mortgages with that lender?
The committee suggested recusal because the six mortgages, including one still outstanding, suggested a continuing business relationship that could reasonably call impartiality into question.
May a departing judge advertise a future law practice before leaving office and mediate cases once presided over?
West Virginia JIC Opinion 2016-21 permits limited advance advertising that clearly delays practice until after the judge leaves office, but bars mediation of cases the judge formerly presided over.
When may a newly elected judge hear pending abuse and neglect or drug court matters after serving as prosecutor?
West Virginia JIC Opinion 2016-20 permits specified matters without prior involvement after disclosure, but its drug court holding was later modified by JIC Opinion 2016-25.
May a judge whose court does not hear death-penalty cases publish a newspaper article about the death penalty?
Generally yes under the stated facts. The committee found the draft’s opposing arguments did not, as a whole, reasonably impair impartiality in criminal cases, while declining to approve specific content.
What should a Kentucky lawyer do if an elderly or special-needs client is being abused or exploited, or if the lawyer's own client is the one doing the abusing?
After investigating the facts, the lawyer may take protective action. The lawyer may, but is not required to, reveal client confidences to report abuse, neglect, or exploitation; where the client is…
Must a judge recuse when an attorney in the case will soon join the same multi-judge court?
No automatic recusal follows from the attorney’s judge-elect status. The Commission requires a fact-specific review for bias or a special circumstance that reasonably calls impartiality into question.
When a client asks a Utah lawyer to modify a fee agreement mid-representation, what ethics rules apply?
Rule 1.5 always governs, so the modified fee must stay reasonable throughout; if the change is not clearly beneficial to the client or settles a fee dispute, Rule 1.7(a) treats it as a…
Can a Texas law firm that joins an international verein adopt the verein's name as its own firm name on pleadings and public communications when no lawyer in the Texas firm ever had those names?
Per the Committee, no; using the verein's name as the Texas firm's name violates Rule 7.01(a) because it contains names of no current, former, deceased, or retired lawyer of the firm or a…
Can a lawyer keep client files in electronic-only form and scan and destroy the paper copies?
Yes, qualified. The opinion concludes a lawyer may maintain a paperless client file and convert paper to electronic form, except for intrinsically significant originals like wills, deeds, and…
May a judicial campaign donate surplus funds to the bar association for the judge’s courthouse portrait?
West Virginia JIC Opinion 2016-18 rejects the proposed donation because it is outside permitted uses of excess campaign funds under the Code and state law.
May a judicial employee publicly oppose a proposed LGBT-protection ordinance at a council meeting?
West Virginia JIC Opinion 2016-17 finds the proposed public opposition improper under the cited Code rules and says the Commission cannot decide employee sanctions.
Is a New York prosecutor's ethical duty to disclose favorable evidence under Rule 3.8(b) the same as the Brady constitutional duty?
No. The opinion concludes Rule 3.8(b) is broader than Brady: it has no materiality threshold, so a prosecutor must disclose any known information that tends to negate guilt or mitigate the offense…
May a Maryland judge chair a nonprofit committee that also raises funds?
Maryland Judicial Ethics Opinion 2016-26 permits the judge to chair the committee if the judge takes no part in fundraising and makes that separation clear.
What must a Louisiana lawyer tell a client after making a significant error in the representation?
The lawyer must disclose a significant error that may materially affect the matter. Continued corrective representation requires compliance with Rule 1.7(b), and settling a potential malpractice…
May a part-time municipal judge represent a juvenile defendant in another court when the arresting officer regularly appears before the judge?
No. The committee found that representing the child against an officer who regularly appeared in the judge’s court would appear to undermine judicial impartiality under Rule 21-301(C).
A relative and a nonprofit paid my client's legal fees in advance. The representation ended with a surplus, and both the client and the nonprofit claim it. Who gets the refund of the excess fees?
The panel concluded the third-party payor, not the client, is entitled to the refund of excess fees at the end of the representation, unless the fee agreements specify otherwise. Because a refund…
May a judge organize a charitable concert, serve as master of ceremonies, and thank its sponsors?
The committee allowed assistance with planning and serving as master of ceremonies, but said the judge may not thank sponsors from the stage or manage the event as a whole.
Could an Ohio lawyer advise or represent a state-licensed medical marijuana business, or use medical marijuana, when it remained a federal crime?
The opinion concluded that, under Prof. Cond. R. 1.2(d) as it then stood, an Ohio lawyer could not provide the legal services needed to establish or operate a state-regulated medical marijuana…
Can a lawyer suing a company talk to its current and former employees without the company's lawyer's consent?
The opinion concluded that under Prof. Cond. R. 4.2 a lawyer adverse to a corporation may not contact, without corporate counsel's consent, current employees who supervise, direct, or regularly…
Can a Texas lawyer post a public reply to a former client's negative online review, and how much can the lawyer reveal to rebut it?
Per the Committee, a lawyer may not reveal any confidential information just to answer a negative online review, because Rule 1.05's exceptions apply only to formal actions, proceedings, or charges,…
Must a judge recuse when the judge’s prosecutor spouse participated in arraignment, juvenile proceedings, or plea talks?
Nebraska Judicial Ethics Opinion 16-4 required recusal when the prosecutor spouse was involved in the case, even if another lawyer filed the original charge.
May the spouse of a Maryland judge make partisan political contributions from a joint account?
Maryland Judicial Ethics Opinion 2016-23 permits the spouse’s own partisan contributions but says they should come from funds titled to and traceable to the spouse, not an account shared with the judge.
Does a lawyer's duty of confidentiality apply between two clients the lawyer represents jointly?
Yes. Under Georgia FAO 16-1, Rule 1.6 confidentiality applies between jointly represented clients, so a lawyer must honor one client's request to keep information from the other, which in almost all…
Can a lawyer put a clause in the fee agreement requiring the client to arbitrate any future dispute over the representation?
Such a clause is permissible only if, before signing, the client either consults independent counsel or is fully informed in writing by the lawyer of the scope and practical consequences of the…
When a North Carolina lawyer is appointed after a criminal defendant files a pro se motion for appropriate relief, must counsel amend it or tell the court the cited authority is no longer good law?
No. Appointed counsel is not obligated to adopt the defendant's pro se MAR or to correct it, because counsel made no false representations to the court. If counsel concludes the MAR is frivolous,…
Can a North Carolina law firm call lawyers who hold no equity in the firm 'partners' or 'income partners' in its public communications?
Yes, provided the lawyer was officially promoted to that position by firm management or under the firm's governing documents, based on legitimate criteria. The designation cannot be a sham under…
After jointly representing a married couple for years, can a North Carolina lawyer (or the lawyer's firm) represent one spouse against the other in the divorce, or prepare a new will for one spouse?
Generally no for the divorce. Prior joint representation on financial and family matters is substantially related to the domestic action under Rule 1.9(a), so the lawyer (and, by imputation, the…
Can a lawyer represent a non-party deposition witness in the same case where the lawyer already represents a party?
Yes, subject to limits: the witness representation may be a reasonable limited-scope engagement under Rule 1.2(c) with informed consent; the lawyer must clear any Rule 1.7 conflict with the party…
If I can't take a prospective client because of a conflict with an existing client, can I refer them to another lawyer?
Yes. The opinion concludes a lawyer who must decline a prospective client because of a conflict may refer that person to other competent counsel, subject to duties of good faith, conflict avoidance,…
May a magistrate-elect ride in a charity fundraiser that solicits donations?
West Virginia JIC Opinion 2016-16 permits riding as an individual, without magistrate-elect promotion or public solicitation; personal requests are limited to family and judges outside the…
Can a lawyer who also owns a financial-planning business advertise her law practice there and offer legal services to that business's clients?
She may mention her law practice in the side business's marketing if it meets SCR 20:7.1 and 7.2, but SCR 20:7.3(a) bars her from offering legal services in person to that business's clients; she…
Can a lawyer represent a company against a competitor that is a former client, when the former client benefits if the new client loses?
Yes, if the new matter is not the same as or substantially related to the former representation. The opinion concludes that purely economic competition does not make a former client's interests…
What ethics rules govern the office of an insurance company's in-house legal department that defends the company's policyholders?
The in-house lawyers must protect the insureds' confidential information, avoid conflicts, and comply with the other Rules. That means physically and electronically separating the department's work…
May my law firm email other Rhode Island lawyers, using publicly listed bar email addresses, to ask them to refer clients to us in our practice areas?
The panel concluded yes. Because the emails go only to other lawyers, they are neither prohibited solicitations under Rule 7.3 nor advertisements under Rule 7.2, so the firm may send them, subject…
Can a New York lawyer who is also a real estate broker link from the law firm website to a page about the brokerage?
Yes. A lawyer may link from the firm site to a real estate brokerage profile if both the site and the linked page comply with the advertising rules; the lawyer must also heed Rule 5.7 on ancillary…
Can a New York lawyer use the 'Accredited Estate Planner' (AEP) designation on a website or business cards?
No. Because the National Association of Estate Planners & Councils' AEP program has not been approved by the ABA, the opinion concludes that putting 'Accredited Estate Planner' on a website or…
Must a New York lawyer report a judge's violation of the Rules of Judicial Conduct to the Commission on Judicial Conduct?
No. The opinion concludes a lawyer has no disciplinary duty to report a judge's violation of the Rules of Judicial Conduct, because Rule 8.3(a)'s reporting duty covers 'another lawyer,' not judges;…
Can a Texas lawyer buy a competitor's name as a keyword in a search-engine ad program so the lawyer's ad shows up when someone searches the competitor's name?
Per the Committee, yes; using a competitor's name as a keyword is not by itself a violation, because the resulting ad does not claim the two lawyers are partners or associates (Rule 7.01(d)) and a…
In a personal-injury case where the client must reimburse a health insurer's subrogation claim, can a lawyer base the contingent fee on the gross recovery, or does Opinion 549's workers'-comp rule require basing it on the net?
Per the Committee, Opinion 549's bright-line rule (no contingent fee on the gross where part must go to a workers'-comp carrier) is limited to workers' compensation; in other subrogation situations,…
Can a lawyer who defended one insured and settled a claim against him later represent the same insurer in defending the other insured's UM/UIM claim arising from the same accident?
Per the Committee, yes; although the two matters are substantially related, the lawyer's two clients (the first insured and the insurer) are not adverse to each other (both are adverse to the…
Can a Texas lawyer bill a client more for a third-party expense than the lawyer actually paid, and can the firm bill clients for services from a vendor owned by one of the firm's lawyers?
Per the Committee, absent disclosure and agreement a lawyer may not mark up a third-party expense above what the lawyer paid; and billing clients for a vendor whose ownership is materially similar…
When a former criminal client asks for their entire file, what must a Texas lawyer hand over, who pays for copies and delivery, and in what format must it be provided?
Per the Committee, the file (including notes and work product) is the client's property and must be made available on request, except material barred by statute, court order, or the lawyer's duties…
Could a judge recommend a court clerk for another job using court letterhead and the judicial title?
Nebraska Judicial Ethics Opinion 16-3 allowed a personally grounded recommendation for a court or private-sector job, including court letterhead and the title “Judge,” with safeguards against misuse…
How long must a New Hampshire lawyer keep a client's file, and what must a retiring lawyer do with client files?
The client file is the client's property and must be returned on request; files must be kept long enough to avoid prejudice to the client but need not be kept forever, and a retiring lawyer must…
May a judge keynote a domestic violence program luncheon when the program regularly receives court referrals?
West Virginia JIC Opinion 2016-15 rejects the keynote role because the group represents one interest in a field of law and its members may appear recurrently before the judge.
Can a solo lawyer name the firm 'Law Group', 'Law Firm', or '& Associates'?
A sole practitioner may not use 'group' or '& Associates' because both imply other lawyers, but may use 'firm', which the rules define to include a single practitioner.
May a Maryland Orphans’ Court judge serve as a private mediator or court-appointed guardian?
Maryland Judicial Ethics Opinion 2016-19 bars mediation apart from official judicial duties and permits guardianship only within Rule 3.8’s limited family and conflict restrictions.
May a prosecutor make waiving ineffective-assistance-of-counsel claims a routine condition of a plea bargain?
No. The opinion concludes that routinely conditioning a plea bargain on a defendant's waiver of ineffective assistance of counsel claims is prejudicial to the administration of justice under Rule 8.4(d).
A prospective client told me useful information about my existing client's judgment debtor before I declined the new matter for conflict reasons. May I pass that information to my existing client so it can resume collection?
The panel concluded no. Under Rule 1.18(b), a lawyer who has consulted with a prospective client may not use or reveal information learned in the consultation except as Rule 1.9 would permit for a…
Are a law-clinic intern's client conflicts imputed to the law firm where the intern also works as a clerk?
The opinion concluded that a law student with a Gov. Bar R. II legal intern certificate is engaged in the limited practice of law and bound by the Rules, so conflicts from the intern's current or…
Can an Ohio lawyer join an online referral service that takes a per-case 'marketing fee' based on the legal fee earned?
The opinion concluded that a lawyer's participation in an online, nonlawyer-owned referral service is unethical where the lawyer must pay a per-matter 'marketing fee' calculated as a percentage of…
Which cases may a newly elected judge hear after continuing as an assistant prosecutor until taking office?
West Virginia JIC Opinion 2016-14 permitted screened post-election cases and barred pre-election office matters, but JIC Opinion 2016-20 later overruled inconsistent portions of that analysis.
If a lawyer works as a commercial debt collector, not as a lawyer, must they tell debtors they are an attorney?
No. The opinion concludes a lawyer hired only as a debt collector need not disclose their lawyer status, but if a debtor asks and the lawyer answers, the answer must be truthful and not misleading…
Can a Colorado lawyer provide limited scope (unbundled) representation or ghostwrite pleadings for a self-represented litigant, and what must the lawyer disclose to the court?
The opinion concludes that Colo. RPC 1.2(c) permits limited scope representation, including ghostwriting court documents, if the limitation is reasonable and the client gives informed consent; all…
Can a lawyer let a non-lawyer civil rights client keep some or all of the statutory attorney fees a court awarded to the client?
Yes. The opinion concludes that because statutory civil rights fees are awarded to the prevailing party (the client), not to the lawyer, letting the client keep some or all of them is not the kind…
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.