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 a lawyer admitted in both New York and the UK who runs a UK firm with non-lawyer owners also become a partner in a separate New York law firm?
Yes, conditionally. The opinion concludes the lawyer may join a separate New York firm without violating Rule 5.4 as long as the lawyer principally practices in the foreign jurisdiction (or the…
I want to bring a nonlawyer (a law-school graduate) into my compliance practice to run audits and training as an independent contractor, not an employee. What ethics rules apply?
The panel concluded the arrangement is governed by Rule 5.4 and Rule 5.3. Rule 5.4 bars sharing legal fees or forming a law-practice partnership with the nonlawyer, so the nonlawyer's pay cannot be…
I jointly represented a husband and wife in immigration matters, and now that they have separated the wife wants me to withhold from the husband a visa petition she filed for him. Must I honor that request?
The panel concluded no. Because the representation was a joint representation, each client is entitled to the file, and the client's file is property the client must receive under Rule 1.15(d).…
Does a lawyer have to tell the client when co-counsel on the same matter appears to have committed malpractice?
Yes. The opinion concludes that a lawyer must disclose to the client information the lawyer reasonably believes shows that co-counsel, still representing the client, committed a significant error or…
When a law firm changes its name, must it immediately update all of its advertising, signs, and website domain to the new name?
No. The opinion concludes a firm that adds a partner's name has a reasonable time to update existing advertising, judged by whether the old ads are misleading and the cost and ease of changing them;…
Can a lawyer give a client's file to the client's former lawyer so that lawyer can defend against the client's ethics complaint, when the client objects?
No, absent an exception. The opinion concludes the file is the client's confidential information, and nothing in the Rules permits or requires the lawyer to hand it to former counsel over the…
Must a judge report stock dividends, proceeds from inherited property and Social Security benefits on the judicial disclosure form?
West Virginia JIC Opinion 2016-13 finds those receipts outside extrajudicial compensation under Rule 3.15 and says they need not be reported on that judicial form.
Can a lawyer joining a Texas firm as 'of counsel' (an independent contractor for tax purposes) agree not to serve the firm's clients for a period after leaving the firm?
Per the Committee, no; an 'of counsel' lawyer is a member of the firm, so an agreement barring the lawyer from serving firm clients after the relationship ends is a prohibited restriction on the…
Can a Texas lawyer sell delinquent client accounts receivable (unpaid earned fees) to a collection or factoring company for a percentage of the amount owed?
Per the Committee, only with the client's consent after consultation; selling the receivable discloses confidential information, and unlike suing to collect a fee or using a collection agency under…
I sit part-time as a municipal court judge for a city, and I also run a law firm. Can lawyers in my firm represent my son in a Superior Court lawsuit against that same city?
The panel concluded it is not a conflict under Rule 1.11 or Rule 1.7 for the part-time municipal judge's firm to represent the judge's son against the city. The judge did not participate personally…
I recently left a job as an assistant city solicitor for private practice. Can I now represent private clients before the same city boards, agencies, and courts where I appeared for the city?
The panel concluded the former city solicitor and his or her firm are governed by Rule 1.11. The lawyer may not represent a private client in any matter in which he or she participated personally…
Could a Utah judge serve on a judicial advisory council tied to a juvenile defender organization?
No. Despite the council's judge membership and court-focused projects, the Committee found its direct connection to a juvenile-defense organization created an appearance inconsistent with judicial…
Did omitting a judge's title allow political comments or fundraising for a civic organization under Utah's 2016 opinion?
No. The Committee said judicial ethics limits applied off the bench and without a title or under a pen name; it also distinguished mere fundraiser attendance from speaking, public thanks or…
Does taking a referral fee make the referring lawyer subject to the conflict-of-interest rules?
Yes. The opinion concludes that a lawyer who refers a matter and shares the fee has undertaken representation of the client, so the arrangement is subject to Rule 1.7; where a conflict exists, the…
May a Connecticut lawyer for a conserved person receive a referral fee from counsel handling the client's malpractice action?
Yes, if the total fee is reasonable and the authorized conservator receives written notice and does not object; without that authority, probate-court approval is required.
May a Connecticut lawyer serving as estate administrator receive a referral fee from the estate's wrongful-death action?
Yes under the stated assumptions. Rule 1.5(e) permits the fee when the total fee is reasonable, the written sharing disclosure is made without client objection, and no unusual personal-interest…
Must a Connecticut municipal lawyer obtain consent before a tax sale extinguishes an unrelated concurrent client's junior lien?
Not when careful review shows no significant risk of direct adversity, a challenge to the municipality's lien or sale authority, or material limitation from the concurrent representation.
What must Connecticut successor counsel do with settlement funds subject to a discharged lawyer's disputed charging lien?
Successor counsel must segregate and safeguard the disputed amount, may distribute portions with no competing claim, and may not decide the parties' rights or offset a malpractice claim against the…
May a judicial candidate campaign alongside the wife of a county commission candidate?
West Virginia JIC Opinion 2016-12 bars the proposed joint campaigning because the public might perceive endorsement of the spouse’s husband, even if she does not campaign for him during their appearances.
May a judicial campaign committee solicit and distribute door prizes at a ticketed fundraiser?
West Virginia JIC Opinion 2016-11 permits the committee to do so if each donation is within legal contribution limits and is properly accounted for and reported.
Could a newly hired law clerk stay employed after learning a previously filed legislative candidacy could not be withdrawn from the ballot?
West Virginia JIC Opinion 2016-10 allowed continued clerk employment only if the lawyer ended campaign activity, removed signs, closed the committee, avoided interviews and disavowed the candidacy…
Must a New York lawyer report an out-of-state lawyer who appeared in New York courts without being admitted or authorized here?
Yes, if the lawyer actually knows of the violation. The opinion concludes Rule 8.3 reaches a non-New York lawyer who practices in New York without authorization, and such unauthorized appearance…
May a new Vermont judge receive fees earned at a former firm and retain jointly owned office property?
Vermont Judicial Ethics Opinion 2728-18 permits collection of fees earned before taking office during a reasonable winding-up period. It recommends disposing of the judge's property interest shared…
Must a lawyer report a former lawyer's misconduct learned while suing that lawyer for a client?
Under Prof. Cond. R. 8.3, a lawyer with unprivileged knowledge of a serious violation must report it to disciplinary authorities. A denial or non-admission of liability does not remove that duty;…
Can a Maine lawyer donate old, inactive client files of historical significance to a library or archive?
Generally no. The duty of confidentiality under Rule 1.6 survives the death of both client and lawyer, so old files may be donated only after a document-by-document review confirms the material is…
Could an Illinois judge privately recommend lawyers to a niece or close friend?
Yes. The Committee allowed private recommendations to family and sufficiently close friends when the relationship avoided an appearance that the judge was using judicial prestige.
May a Maryland District Court commissioner also serve as an election judge at a polling place?
Maryland Judicial Ethics Opinion 2016-11 says no because an election judge can direct a polling-place arrest, an executive power incompatible with the commissioner’s judicial-appointee role.
Could a Maryland judicial appointee obtain state licenses to grow, process, or dispense medical cannabis under the law analyzed in 2016?
Maryland Judicial Ethics Opinion 2016-09 concluded that the appointee could not grow, process, or dispense cannabis while federal law prohibited that conduct, despite state medical-cannabis licensing.
Can a law firm bill a client for work done by an unpaid law-student intern who works for academic credit?
Yes. The opinion concludes a firm may bill for a student-intern's work even though the firm pays the intern nothing, as long as the internship complies with applicable law, the school does not…
Can a lawyer who has taken retired status in New York still use 'Esq.' on business cards and letterhead for a non-legal business?
Yes. The opinion concludes a retired lawyer remains a lawyer and may use 'Esq.', but where there is a risk that clients or the public will be confused about the lawyer's role, the lawyer must…
Can a New York lawyer give a prospective client the names of other clients the lawyer has represented as references?
Only with care. The opinion concludes a lawyer may name clients in advertising with their prior written consent, and absent consent may disclose a client's identity only if it is not confidential…
May a Maryland judicial candidate host or be featured at a fundraiser for candidates running for a different court?
Maryland Judicial Ethics Opinion 2016-08 says no: endorsement under the cited campaign rule extends to candidates for the same court in the same political subdivision, not candidates in another…
Can a lawyer make a client, a former client, or opposing counsel promise not to file or take part in a bar complaint as a condition of settling a dispute?
No. The opinion concludes a lawyer may neither request nor agree to a settlement term that forgoes filing or participating in a bar complaint, and may not enter a settlement that limits the lawyer's…
Could a Utah judge cast a presidential primary vote connected with a party caucus without attending the meeting?
Yes, under the 2016 process described. The Committee allowed voting separate from the caucus meeting, even when party registration was needed, while retaining the prohibition on attending the…
Can a New York law firm charge a prospective client a fee for cancelling an initial consultation without notice, and does the policy have to be in writing?
Yes, within limits. The opinion concludes a lawyer may charge a nominal late-cancellation fee for an initial consultation if the lawyer discloses what triggers it and the charge either reflects the…
May a part-time Wyoming municipal judge defend criminal cases in circuit or district court?
Wyoming JEAC Opinion 2016-03 permits a part-time municipal judge to represent criminal defendants in other courts, including within the same county. The judge must keep clients out of the court…
Could a judge recuse from adoption cases involving same-sex married couples solely because of religious beliefs?
Nebraska Judicial Ethics Opinion 16-2 said the Code did not permit that recusal; refusing only those cases would manifest sexual-orientation bias.
May a retiring Maryland judge consent to a county bar association commissioning a portrait for the State?
Maryland Judicial Ethics Opinion 2016-02 permits consent to the donated portrait if the judge stays out of funding decisions and solicitation and takes reasonable steps to prevent fundraising from…
How long does the Tennessee Board recommend that a lawyer keep client files after a representation ends?
Formal Ethics Opinion 2015-F-160(a) amends 2015-F-160 to recommend that a lawyer retain client files for five years after termination of representation as a guideline that may be altered by client…
My firm has been hired to defend an insured, but the plaintiff's lawyer works at a firm my firm currently represents in an unrelated matter. Is that a conflict of interest?
The panel concluded there is no automatic conflict. The attorney and firm must make a good-faith evaluation under Rule 1.7(a)(2) of whether the concurrent representation creates a significant risk…
May a probation officer who works under circuit judges donate to a judicial campaign committee?
West Virginia JIC Opinion 2016-09 concludes that a probation officer should not donate to a judge’s or judicial candidate’s campaign committee.
Can a New York lawyer refer a client to an investment firm and accept a commission from that firm for managing the client's settlement money?
No. The opinion concludes that taking a fee or commission from an investment firm for referring a client whose funds came from the lawyer's representation creates a non-consentable conflict, because…
What are the ethical obligations of a lawyer appointed as stand-by counsel for a pro se criminal defendant in New Hampshire?
Serving as stand-by counsel is not unethical, but counsel must act as a passive source of information rather than an advocate so as not to undermine the defendant's right to self-representation; the…
Can a Texas lawyer advertise free warrant checks and free bail bond information to draw potential clients into the office, or does giving away that information count as paying something of value to solicit clients?
Per the Committee, yes; offering and giving free bail bond and warrant information to office visitors is not giving 'anything of value' to solicit employment under Rule 7.03(c), but the lawyer must…
May a judge’s staff member display a bumper sticker opposing a candidate for public office?
West Virginia JIC Opinion 2016-07 says the employee cannot display the proposed sticker because it would oppose a candidate contrary to Rules 2.12(A) and 4.1(A)(3).
May friends pay for a self-funded judicial candidate’s meet-and-greet when the candidate has no campaign committee?
West Virginia JIC Opinion 2016-08 rejects the friends’ payment without a campaign committee because the event is a reportable contribution and expenditure.
May a magistrate candidate canvass with a circuit clerk candidate or ride together to canvassing locations?
West Virginia JIC Opinion 2016-06 says the magistrate candidate may do neither, because the joint activity would convey public support for the other candidate.
May a judicial candidate include court staff in campaign advertising and call them a team?
West Virginia JIC Opinion 2016-05 allows voluntary staff appearances outside normal work hours but rejects a “team” campaign slogan as potentially misleading.
May a Wyoming judge send a personal character letter for a relative's criminal sentencing?
Wyoming JEAC Opinion 2016-02 says the judge may not voluntarily send the proposed character letter to the sentencing judge, even without judicial letterhead or a stated title. Rule 3.3 permits such…
May a Wyoming circuit judge chair the Episcopal Diocese's clergy disciplinary committee?
Wyoming JEAC Opinion 2016-01 permits the judge to serve as disciplinary committee president because the described role is supervisory and unlikely to cause frequent disqualification. The opinion…
May a Colorado judge thank donors to a charity by telephone or personal note?
Yes. The judge may thank donors for contributions already made if the call or note does not directly or indirectly solicit future contributions.
May a Maryland judge or judicial appointee attend a spouse's campaign events or allow campaign signs at their home?
The Committee concluded that the judge or appointee may not attend the spouse's campaign functions or allow signs on property solely owned by the requestor. A candidate spouse may post signs on…
What must a lawyer do when served with a subpoena for a client's documents or information?
Consult the client if possible and assert all reasonable objections. The opinion concludes that the lawyer must notify or try to notify the client, raise non-frivolous grounds against disclosure,…
May a judicial campaign committee hold a dinner dance fundraiser that the candidate attends?
West Virginia JIC Opinion 2016-04 permits the committee event and candidate meet-and-greet if the candidate does not solicit money or seek to learn who contributed.
When a law firm only knows an adverse party by a street name, does its conflict check have to go beyond its written engagement records?
It can. The opinion concludes that when a firm has reason to believe it may have represented a materially adverse party it knows only by street name, an effective conflict check may require…
How does New Mexico’s Code of Judicial Conduct apply to a judge’s social-media use and online connections with lawyers?
The committee permits judges to use social media while applying the Code to online conduct. A connection with a lawyer who may appear before the judge does not alone establish improper influence;…
Where must an Ohio lawyer deposit a flat fee paid in advance, and can it be nonrefundable?
The opinion concluded that a lawyer may charge a flat fee paid in advance, but under Prof. Cond. R. 1.15(c) must deposit it in an IOLTA/client trust account and withdraw it only as earned, unless…
Could a juvenile judge serve on a county task force recommending how guardians ad litem should be appointed?
Nebraska Judicial Ethics Opinion 16-1 allowed service on a task force focused on guardian ad litem appointment methods, with limits if it moved into unrelated political policy.
May a preacher married to a probation officer appear as a judicial candidate’s campaign spokesperson?
West Virginia JIC Opinion 2016-02 makes the candidate responsible for the advertisement’s compliance with Canon 4; it says the answer depends on its precise content and leaves future supervisory…
If a lawyer briefly joined the firm that had represented the opposing spouse, then left, can the lawyer keep representing the other spouse in the same divorce when the lawyer never got any confidential information about the opposing spouse?
The opinion concludes the lawyer may continue to represent the wife against the husband on post-decree matters without the husband's consent, because under Rule 1.9(b) the lawyer acquired no…
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.