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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What duties does a Missouri lawyer have after a fraudulent cashier's-check scam removes other clients' funds from the trust account?
The opinion permits a report to law enforcement, does not require the lawyer to self-report under Rule 4-8.3, and requires reasonably prompt notice to affected clients. It also states that…
May a Missouri lawyer serve as guardian ad litem for both a minor mother and her infant in the same abuse-and-neglect case?
Only if the responsibilities are not directly adverse or materially limited. The opinion requires a Rule 4-1.7 assessment based on each person's facts and law and directs the lawyer to decline one…
May a West Virginia magistrate form an LLC to teach paid investigative training outside the state?
West Virginia JIC Opinion 2025-11 allowed the magistrate's proposed training venture only with judicial duties first, personal time and resources, out-of-state marketing and teaching, open access…
Can a New York lawyer who owns part of a title agency represent a client in a real estate deal while the agency also acts as title agent in the same deal?
The committee concluded the lawyer may not do both in the same transaction unless the lawyer's role at the title agency is purely ministerial and involves no negotiation for the underwriter; whether…
When may a Maryland judge discuss or testify about an earlier case, and does that testimony require recusal?
Maryland Judicial Ethics Opinion 2025-21 favors a subpoena before a judge gives fact testimony or nonpublic material about judicial duties in most circumstances, while allowing limited…
Can a lawyer propose or agree to a settlement non-disparagement clause that binds opposing counsel from saying anything negative about the other side?
No. The opinion concludes that Rule 5.6(b) bars a lawyer from participating in offering, or from making, a settlement of a client controversy that includes a non-disparagement clause restricting a…
I'm a real estate development expert who testifies before zoning and planning boards. Can I be both the expert witness and the advocate for clients in the same matters if I use separate LLCs?
The panel concluded the attorney may not serve as an expert witness in the same real estate development matters in which he or she represents clients as an advocate, nor vice versa. The zoning and…
Can a Utah lawyer pay referral fees to other lawyers or to non-lawyers, including clients, after the 2020 rule changes?
Yes, with conditions. The opinion concludes that after the 2020 repeal of former Rule 7.2(f) the Utah rules contain no per se prohibition on paying or receiving referral fees, including to clients…
If a New York lawyer signs a contract (engagement letter, outside-counsel guideline, or employment policy) that purports to limit the lawyer's Rules-granted discretion, is the lawyer ethically bound by that contract?
The opinion concludes that lawyer and client cannot alter the Rules by agreement; a New York lawyer always retains the discretion the Rules grant, even where exercising it would breach a contract.…
May a New York law firm's partnership or employment agreement impose forfeitable bonuses, conditional loan forgiveness, deferred compensation, or capital deductions that, in effect, discourage a departing lawyer from competing with the firm?
Per the opinion, no. The committee holds that Rule 5.6(a)(1) prohibits not only express anti-competition provisions but also facially neutral discretionary financial terms whose actual effect is to…
May a Colorado municipal judge receive police reports and criminal histories from a prosecutor in pending cases?
The Board allowed receipt and consideration when law expressly authorized that use, including identified bond and sentencing settings. It described giving copies to the defendant or counsel as a…
May an Alabama probate judge serve on the board of a regional mental health authority?
Alabama JIC Advisory Opinion 25-970 says a probate judge may serve on the board because probate judges are exempt from Canon 5G, while Canons 2 and 2A still apply to the judge's conduct.
Must a former DHR lawyer recuse as judge from cases involving DHR records she reviewed or motions she filed?
Alabama JIC Opinion 25-969 disqualifies the judge from cases in which she reviewed DHR records, personally filed related motions, or personally participated as a supervisor. A subordinate's filing…
When a lawyer's own prior work for a client becomes an issue in later litigation, can the lawyer keep representing that client or must the lawyer step aside?
The opinion concludes that a personal-interest conflict under Rule 1.7(b)(4) can arise when the lawyer's prior work is at issue; the lawyer may continue only on a reasonable belief that she can…
What are a volunteer lawyer's ethical duties when giving free legal help at a self-help center, Access to Justice Room, or Law Day table?
The opinion concludes that volunteer attorneys at self-help centers, Access to Justice Rooms, and Law Day events must follow the Hawaii Rules: tell people the scope is limited (HRPC 1.2(c) and 7.1),…
May a Missouri divorce lawyer condition a civil settlement on the spouse seeking dismissal of or refusing to cooperate with a domestic-assault prosecution?
No. The opinion concludes that the proposal would violate Rule 4-8.4(d) as conduct prejudicial to the administration of justice because it conflicts with public-policy interests in accountability…
May a Missouri lawyer pay an online marketing company per lead when the company matches particular prospective clients with particular lawyers?
Only if the company is a qualified service registered with the Office of Chief Disciplinary Counsel and complies with Rule 4-9.1. Calling the per-referral charge an advertising fee does not remove…
Can North Carolina lawyers, or a lawyer serving as mediator, agree to a settlement term that prohibits the parties from filing a State Bar grievance against the lawyers?
No. A lawyer may not suggest, demand, or agree to a settlement term barring a grievance against the lawyers, and a lawyer serving as a mediator may not draft, transmit, or otherwise help include…
Must a Vermont judge disclose the spouse's computer business dealings with lawyers or parties appearing in court?
Vermont Judicial Ethics Opinion 36 generally calls for disclosure of known spouse-business relationships with court participants. It requires disqualification when the spouse's economic interest…
I hold my client's settlement money in IOLTA, and a third party claims part of it under a promissory note my client says is forged. What must I do with the disputed funds?
The panel concluded the attorney must notify the claimant (the mother) that he or she holds the claimed amount but lacks the client's (the daughter's) authority to disburse it, then transfer the…
A mortgage broker I do real estate work for wants me to be its resident agent, endorsing and disbursing insurance checks. Do the ethics rules let me take that role?
The panel concluded the attorney may become the Broker's resident agent, subject to the Rules of Professional Conduct. Serving as resident agent (receiving and endorsing insurance checks and…
Does a lawyer violate the ethics rules by striking jurors based on race or another protected trait during jury selection?
When the strike is unlawful, yes. The opinion holds that exercising peremptory challenges the lawyer knows or reasonably should know are unlawfully discriminatory (a Batson violation) is not…
Can a lawyer at a nonprofit immigration clinic share a client's intake information with the nonlawyer staff of an affiliated shelter?
Only on conditions. The opinion concludes a New York lawyer at an immigration clinic may not share information from the representation with a shelter's nonlawyer staff unless the information is not…
May a part-time Colorado municipal judge also prosecute cases in state district and county courts in the same judicial district?
Yes, under the facts considered. The Board distinguished the state district and county courts from the municipal court where the judge would sit; they were neither the same court nor…
A law firm trains me and helps on my cases, though we share no office or letterhead. Can I put that firm on my nonprofit's conflict-referral list?
The panel concluded the inquiring attorney may not refer conflicted prospective clients to the Firm unless the training relationship is terminated or affected clients give informed written consent.…
May an Alabama judge campaign for a spouse running for nonjudicial office?
Alabama JIC Opinion 25-968 permits limited campaigning for a spouse's nonjudicial candidacy, without personally soliciting funds or soliciting votes from lawyers and litigants who appear or are…
May an Alabama judge continue serving part-time as a law school's interim dean?
Alabama JIC Opinion 25-967 says the judge may not continue as interim dean because its required fundraising, placement outreach, and commission duties would include activity at odds with the Canons…
Can a lawyer advise or represent a client about work the lawyer or the lawyer's firm did earlier for that client, such as a contract they drafted, and when does the lawyer's own interest create a conflict?
The committee concluded that a lawyer generally may advise and represent a client about the lawyer's or the firm's prior work, but the lawyer must be alert to the possibility that self-interest in…
May a New York lawyer who is, or whose client is, legally immune (judges, prosecutors, legislators, diplomats, the President) deviate from the New York Rules of Professional Conduct in conduct that is illegal or fraudulent?
Per the opinion, no. The committee concludes that the Rules make no exception for lawyers or clients with legal immunity. Acts that are 'illegal' or 'fraudulent' do not become innocent because the…
May a Maryland judge ask law firms to provide pro bono counsel for juveniles in delinquency cases?
Maryland Judicial Ethics Opinion 2025-18 permits the judge to send law firms a letter seeking pro bono juvenile counsel if the request is not coercive and does not abuse judicial prestige or imply…
Can a California lawyer charge a former client for the lawyer's own time and out-of-pocket attorney's fees spent collecting unpaid fees from that former client?
Only if a written, enforceable fee agreement contains a prevailing-party fee-shifting provision and the dispute is not in MFAA arbitration; otherwise the American rule and Trope v. Katz bar both items.
When a California client discharges a contingent-fee lawyer and successor counsel settles the case, what must the predecessor lawyer do to substantiate its quantum-meruit fee lien, and how must trust funds be handled while the lien is in dispute?
The opinion concludes that the predecessor lawyer owes a continuing fiduciary duty to the former client and must promptly quantify the quantum-meruit lien (with reconstructed time records or other…
May a judge hear juvenile or other prosecutor cases after a daughter-in-law joins the prosecutor's office?
West Virginia JIC Opinion 2025-10 disqualifies the judge from juvenile and truancy matters if the daughter-in-law joins the prosecutor's office. In other matters involving that office, it calls for…
May a judge publicly oppose a proposed transmission line affecting the judge's land and appear in condemnation proceedings?
West Virginia JIC Opinion 2025-09 permits the judge to oppose the line at public meetings and represent the judge's own interests without invoking judicial office. It says the judge should not…
May a West Virginia family court judge coach school sports as a volunteer or paid employee?
West Virginia JIC Opinion 2025-08 allows family court judges to serve as volunteer or paid school coaches despite its earlier school-coach restriction, if they obtain the Administrative Director's…
May a judge appoint a magistrate candidate who lives with a magistrate assistant in an intimate relationship?
West Virginia JIC Opinion 2025-07 says it would be improper to appoint a magistrate who lives with a magistrate assistant in an intimate relationship. The Commission found the arrangement created an…
I sit on the board of a nonprofit that is being sued, and I want to represent it in the litigation. Do the ethics rules let me serve as both director and its lawyer?
The panel concluded the inquiring attorney is not prohibited from representing the Entity, provided he or she reasonably believes the representation will not be materially limited by the dual role,…
I moved firms and want to sue a school district that is my old firm's client, but I never worked on its matters there. Does Rule 1.9 disqualify me?
The panel concluded the inquiring attorney may represent the client without the former firm's consent. Rule 1.9(b) disqualifies a migrating lawyer only when the matter is the same or substantially…
May a Missouri lawyer accept cryptocurrency for legal fees through a conversion service?
Yes, for earned fees that do not belong in trust. Because cryptocurrency is property with fluctuating value, the fee must be reasonable and the client must receive Rule 4-1.8(a)'s…
May a Missouri lawyer send text messages soliciting people known to need the lawyer's type of legal services?
No, except for the people Rule 4-7.3(a) permits a lawyer to contact in real time. The opinion classifies SSM or similar text messages as real-time electronic solicitation, not written solicitation…
May a Missouri lawyer delay a required report about opposing counsel while settlement negotiations are underway and trial is near?
Client prejudice may be considered in choosing the timing, but it does not eliminate the reporting duty. The opinion states that a required Rule 4-8.3 report must be made reasonably promptly to the…
What must a retiring Missouri solo lawyer do about current clients and decades of paper and electronic client files?
The lawyer must notify current clients, finish matters when possible, protect clients in unfinished matters, and follow tribunal requirements for withdrawal. Former-client files may be destroyed…
May a Texas lawyer agree to be personally bound by a non-disparagement clause or a marketing-use non-disclosure clause in a client's settlement agreement?
The Committee concludes that under Texas Disciplinary Rule 5.06(b) a lawyer may not be a party to a non-disparagement clause that restricts statements the lawyer might make in the practice of law,…
May in-house counsel for a for-profit company owned by nonlawyers provide legal services to the company's customers if the customers pay only the company's 'actual cost' of employing the lawyer?
The Committee concludes the arrangement is prohibited because the company would be engaging in the unauthorized practice of law and its in-house counsel would be assisting it in violation of Rule…
When a North Carolina lawyer leaves a firm, must affected clients be notified, and can the firm withhold the clients' contact information from the departing lawyer?
Yes, clients affected by the departure must be notified, and the departing lawyer and firm share that duty. The firm may not restrict the departing lawyer's access to affected clients' contact…
What must an Alaska lawyer do to protect a client trust account from fake-check and wire-fraud scams before disbursing funds?
The opinion concludes that the duties of competence, diligence, and safekeeping require a lawyer to recognize the red flags of trust-account scams and to take all reasonable steps to confirm that…
Can an Alaska lawyer use generative AI tools like ChatGPT in a law practice, and what ethics rules apply?
Yes. The opinion concludes that Alaska lawyers may use generative AI, but only if they understand the tool's limits, verify its output, protect client confidences and secrets, keep fees reasonable,…
When a lawyer leaves a Wisconsin law firm, what do the lawyer and the firm owe to the clients the lawyer was handling?
The opinion concludes that when a lawyer leaves a firm both the lawyer and the firm must protect affected clients, principally the client's right to choose counsel and to receive competent, diligent…
May a Colorado judge drive or park a spouse's car bearing the spouse's law firm's logo?
The Board barred the judge from driving the logo-marked car or allowing it to be parked before the judge's home. It allowed occasional rides as a passenger when that benefit was incidental to the…
Can a lawyer make a payment from the client trust account through an online portal like Pay.gov instead of by check?
Yes, with the client's prior written approval. The opinion concludes that an online payment through Pay.gov is a 'bank transfer' within Rule 1.15(e), so a lawyer may make an otherwise-proper…
Can a Wisconsin lawyer who will be a necessary witness also serve as the advocate at the same trial?
Generally no. The opinion concludes that under SCR 20:3.7 a lawyer who is likely to be a necessary witness may not act as advocate at the same trial unless an exception applies, and because the rule…
What duties govern an Indiana lawyer's departure from a law firm?
The firm and departing lawyer must inform affected clients, honor the client's choice of counsel, maintain competent files and transitions, account for fees and property, and provide information…
Must a New York-admitted government lawyer (DOJ or other federal, state, or local agency) comply with the New York Rules of Professional Conduct even when doing so requires disobeying a superior's directive?
Per the opinion, yes. The committee concludes that the Rules apply to all New York lawyers, including government lawyers. A government lawyer's discretion to refuse a superior's directive that would…
Can an Ohio lawyer take a mortgage on a client's home to secure payment of legal fees?
Yes. A lawyer may secure unpaid fees with a mortgage on a client's real property, but only if the arrangement satisfies Prof.Cond.R. 1.8(a): fair and reasonable terms, written notice of the chance…
Can a lawyer reveal in an affidavit of disqualification that a disciplinary grievance was filed against the judge?
No. Under Ohio Gov.Bar R. V(8) a lawyer may not disclose in an affidavit of disqualification that the lawyer or client filed a grievance against the judge unless the Board has certified it as a…
Can a lawyer be both the named plaintiff (class representative) and class counsel in a class action?
The Rules do not bar a lawyer from proceeding pro se while representing aligned co-parties, but whether a lawyer may be both class representative and class counsel is governed by class action law,…
When can a lawyer voluntarily withdraw from a client's matter for the lawyer's own reasons without violating the ethics rules?
Under Rule 1.16(b)(1) a lawyer may withdraw for any reason, even to take on an adverse client, so long as withdrawal causes no material adverse effect on the client's interests in the matter. The…
May a charity name a judge as a fundraiser sponsor after the judge buys a ticket package?
West Virginia JIC Opinion 2025-05 permits the United Way to name the judge in promotions and recognize the judge as an event sponsor if it omits the judicial title and does not tie the name to a…
When a Tennessee lawyer provides limited scope (unbundled) representation to a self-represented client in a court case, must the lawyer file a notice of the limited representation with the court?
Formal Ethics Opinion 2025-F-172, since withdrawn by the Board, stated that a Tennessee lawyer providing limited scope representation to an otherwise unrepresented party before a tribunal must file…
Can a Tennessee lawyer agree to a settlement non-disparagement clause that makes the lawyer a party and limits future use of information learned in the case?
No. Tennessee Formal Ethics Opinion 2025-F-171 concludes it is improper for a lawyer to propose or accept a settlement provision that makes the lawyer a party bound by a non-disparagement clause…
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.