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 family court judicial candidate answer family law questions in campaign Facebook videos?
West Virginia JIC Opinion 2016-01 bars videos answering individual family law questions but allows discussion of general procedures and statutory calculations without legal advice or pending-case…
Can a Florida lawyer solicit clients in an Internet chat room, and does the lawyer have to file those messages with the Bar?
A lawyer may directly solicit prospective clients in a text-based chat room only if the message meets all the rules for direct written communications, and unsolicited solicitations must be filed…
Can a defense lawyer reveal a deceased client's statement that might exonerate a co-defendant who is trying to vacate her plea?
Sometimes. The opinion concludes the statement is confidential information protected even after the client's death, but the lawyer may disclose it if the client gave informed consent (including a…
Can a firm that represents nursing homes form a nonprofit to serve as guardian for the homes' residents, and then represent that nonprofit?
It may form the nonprofit, but representing it can create conflicts. The opinion concludes property-guardianship work may be consentable depending on the facts, but if the matter involves the…
Can an in-house lawyer at a nonlawyer-owned company provide legal services to the public through the company, and does ghost-writing the pleadings cure the problem?
No. The opinion concludes a lawyer may not provide legal services to individuals through a for-profit company in which a nonlawyer has an ownership or controlling interest, because it aids the…
Can lawyers employed by a debt management company provide legal services to the company's customers?
No. If the company's services to customers are legal services, the opinion concludes the employed lawyers may be aiding a nonlawyer's unauthorized practice, sharing fees with a nonlawyer, ceding…
If I am a lawyer who is personally a party to a lawsuit but represent no one else in it, can I contact the represented opposing party directly without going through their lawyer?
Per the Committee, yes; Rule 4.02(a)'s no-contact rule applies to a lawyer 'representing a client,' so it does not bar a lawyer who is a party but represents no other party from communicating…
Can a Texas lawyer hire a collection agency to collect unpaid attorney's fees, and can the lawyer report a nonpaying client to a credit bureau?
Per the Committee, a lawyer may use a collection agency to collect past-due fees if five conditions are met (no longer handling the matter, fee not unconscionable, other reasonable collection…
When a government agency is represented by counsel, can a Colorado lawyer contact its officials or employees directly, or does Rule 4.2's no-contact rule apply?
The opinion concludes that Rule 4.2's ban on contacting a represented organization applies to government bodies, so a lawyer generally may not contact officials who supervise or can bind the agency…
Can a Washington lawyer run a virtual law office with no physical address, and practice remotely from another state?
Yes. There is no requirement to maintain a physical office, and a Washington lawyer may practice remotely from another jurisdiction if that jurisdiction allows it and the lawyer stays invisible as a…
Can a lawyer agree to a settlement term that requires turning over the lawyer's own work product to the opposing party?
Formal Ethics Opinion 2016-F-161 concludes that a lawyer may not propose or accept a settlement provision requiring the lawyer to turn over work-product materials if doing so will restrict the…
May an incoming family judge continue as secretary-treasurer of a nonprofit symphony?
A majority in West Virginia JIC Opinion 2016-28 permits the described role after taking office, subject to Rules 3.1 and 3.7 on outside activities and nonprofit service.
When does a California attorney's blog become regulated advertising under the Rules of Professional Conduct?
Per California Formal Opinion 2016-196, a blog is a 'communication' subject to advertising rules only if it expresses the attorney's availability for professional employment, either by express…
Does a California lawyer's duty of confidentiality protect publicly available information about a current or former client?
Per California Formal Opinion 2016-195, yes. The duty of confidentiality under Business and Professions Code section 6068(e)(1) and former Rule 3-100 covers any information obtained during the…
May a judge collect or coordinate donations at the judge’s office for a deceased lawyer’s family?
West Virginia JIC Opinion 2016-19 finds that either collecting donations at the office or coordinating the effort would violate Rules 3.1 and 3.7(A)(2).
Could an Illinois judge independently review computerized court records from other cases when sentencing a defendant?
The Committee allowed the judge to take judicial notice of those records if the parties had comparable access and the judge followed notice and opportunity-to-be-heard safeguards.
Can a lawyer use an online flat-fee referral service that takes a 'per service marketing fee' calculated as a cut of the fee earned on each matter?
No. A per-service fee tied to the amount the lawyer earns is improper fee sharing with a non-lawyer under Rule 5.4(a), and even if it were not, it is paying for a referral that no Rule 7.2(c)…
Can an Illinois lawyer store client data with a cloud provider, and is due diligence at signup enough?
Yes, with reasonable safeguards. The opinion concludes a lawyer may use cloud services if she takes reasonable steps to protect client data, and the duty continues; selecting a reputable provider…
Can a solo-owned LLC name the firm after the owner and two long-term salaried associates, like 'S, T and U Law Firm, LLC'?
Yes. Because the three lawyers actually practice law together and the 'LLC' designation negates any partnership implication, the firm name is not misleading and does not violate Rules 7.1 or 7.5.
Does a firm have a conflict representing a city when one of its paralegals is also a member of that city's council?
No. The opinion concludes the firm may keep representing the city; there is no direct adversity and no significant material-limitation risk under Rule 1.7, and the paralegal's council service is not…
Must a lawyer report opposing counsel's misconduct right away, or can the report wait until the case or appeal is over?
The lawyer must report misconduct that raises a substantial question about another lawyer's honesty or fitness, subject to client consent under Rule 1.6, but may wait until the matter concludes if…
Is an of-counsel lawyer treated as part of the same firm for fee-splitting and conflict-of-interest purposes?
Yes. The opinion concludes an of-counsel lawyer in a close, regular, continuing relationship is in the same firm, so Rule 1.5(e)'s fee-division limits do not apply, but conflicts are imputed under…
When may lawyers pay for an investiture reception or buy a gift for a newly elected judge without improperly influencing the judge?
It depends on the relationship and the gift. A general-membership bar association may host a reception or give a gift as a public testimonial with anonymous contributions; the dollar value of a gift…
Can a lawyer seek child support from a father when the lawyer already won child support from the same father for a different client?
Only with informed consent. The opinion concludes the new representation is substantially related to the former one and may be materially adverse, so Rule 1.9 requires the first wife's consent and…
Can a lawyer agree to a settlement confidentiality clause that bars disclosing or publicizing the settlement terms?
Yes. A clause that only bars disclosing or publicizing the settlement is permissible, but a clause that bars the lawyer from using information gained in the representation in later matters would…
Can a lawyer deliberately not tell the court about binding authority so the court commits reversible error on appeal?
No. The opinion concludes that knowingly withholding controlling authority to manufacture reversible error violates Rules 3.3(a)(1) and 8.4(d). Lawyers who only read about the plan in an online…
If a personal injury lawyer believes a hospital's claimed lien or assignment on the settlement is invalid and frivolous, must the lawyer still hold back funds to protect it?
No. Under Rule 1.15(e) a lawyer may refuse to protect a third party's claim on settlement funds if the lawyer believes in good faith that the claim is frivolous or without substantial grounds,…
When is an of counsel lawyer part of an Arizona firm for fee division and conflicts purposes?
The opinion treats a close, personal, continuous, and regular of counsel relationship as membership in the same firm for ER 1.5(e), with conflicts imputed under ERs 1.10, 1.11 and 1.12. It…
Does an out-of-state law firm organized as a professional corporation have to register in Illinois if one shareholder practices there in the firm's name?
Yes. If an Illinois-admitted shareholder practices law in Illinois in the professional corporation's name, the firm must register with the Illinois Supreme Court under Rule 721 to be considered…
Can a New York lawyer split a legal fee with a law firm in DC or abroad where nonlawyers have an ownership or management interest?
Yes. Although Rule 5.4 bars New York lawyers from sharing fees with nonlawyers or practicing in nonlawyer-owned firms, the opinion concludes a New York lawyer may divide a fee under Rule 1.5(g) with…
Does a lawyer's LinkedIn profile count as attorney advertising that needs disclaimers?
Only if it meets all five criteria, including that the profile's primary purpose is to attract paying clients. The opinion concludes that listing skills, practice areas, endorsements, or…
May a city councilwoman who is not running for office host a judicial candidate’s meet-and-greet?
West Virginia JIC Opinion 2015-26 permits the city councilwoman to host the meet-and-greet when she is not currently running for office.
May a judge discuss past rodeo queen experience and appear in photos for an equestrian magazine?
Yes, on the described facts. The committee found no misuse of judicial prestige in the interview or photos, while cautioning against fundraising and other conflicts connected to a publication.
Can a lawyer talk directly to a represented public official who asks for direct contact, without the government lawyer's consent?
No. The opinion concludes that once the municipality's counsel has appeared, the no-contact rule (Rule 4.2(a)) bars the lawyer from communicating with the assessor (an adverse party who can bind the…
Must a judge report lawyers who signed agreements over possible overbilling of public defender services?
West Virginia JIC Opinion 2015-25 says the judge need not report based only on knowing about the agreements, absent a finding that a lawyer overbilled and acted unethically.
May a judicial candidate reuse old signs that identify a former committee or treasurer?
West Virginia JIC Opinion 2015-23 rejects using the signs as printed when their committee information is inaccurate, but permits reuse if that information is covered, cut out, or removed.
Must a new family court judge recuse from every case previously handled as a circuit court law clerk?
West Virginia JIC Opinion 2015-24 requires recusal only where the judge’s prior involvement was personal and substantial, plus disclosure of prior involvement and Trial Court Rule 17.01 procedures…
Can a lawyer talk directly, without opposing counsel's consent, to a former managerial employee of an opposing organization?
The committee concluded a lawyer may communicate directly with a former constituent of an organization, including a former managerial employee, because the no-contact rule reaches only current…
Can a lawyer bill clients for 'paralegal' time when the paralegal is not certified or program-trained?
Yes. The opinion concludes that because New York does not require paralegals to be certified, the title 'paralegal' does not imply certification, so it is not deceptive to use it for an uncertified…
Can a lawyer tell a deceased former client's son that the lawyer never drafted a will for the father and has no original will?
Yes. The opinion concludes that the fact a lawyer did not draft a will and did not refer the client to other counsel is not 'confidential information' under Rule 1.6(a), and even if it were,…
How long must a Tennessee lawyer keep client files, who owns the file, and what happens to client files when the lawyer retires?
Formal Ethics Opinion 2015-F-160 (later modified by 2015-F-160(a)) concluded that no Tennessee rule requires retaining client files more than five years after a representation ends, though some…
Can a lawyer with offices in two communities sell one office's practice and keep practicing in the same fields and the same geographic area?
No. The committee concluded that Rule 1.17 does not permit a lawyer who has offices in more than one North Dakota community to sell the practice associated with one office and continue practicing in…
Can a lawyer work as a lobbyist at a non-law-firm government affairs company alongside nonlawyers, and use 'Esq.' on its letterhead?
A lawyer may provide lobbying and government affairs services at a non-law-firm company alongside nonlawyers, but may not hold out as a lawyer, may not provide legal services, and must make clear to…
Can a law firm scan signed retainer agreements and destroy the paper originals?
Yes. The opinion concludes that retainer agreements are records for which Rule 1.15(d) requires only 'copies,' so a firm may scan the signed originals into its computer system and destroy the paper,…
Can a lawyer blind-copy a client on emails to opposing counsel after opposing counsel objects?
Yes. The opinion concludes that because a lawyer is the client's agent, bcc'ing the client on correspondence with opposing counsel is not deceptive under Rule 8.4(c), even over opposing counsel's…
Can a retired judge use a trade name for a business that helps lawyers prepare their court arguments?
No. The opinion concludes that advising lawyers on how to prepare specific arguments for court is the practice of law, so Rule 7.5(b)'s ban on trade names applies and the business may not operate…
When I deal with a pro se opposing party who may have gotten limited-scope help from a lawyer, can I communicate with them directly?
The opinion recommends asking whether the person is or was represented for any part of the matter. If the person is represented on the issue, Rule 4.2 requires going through counsel; on aspects for…
My marketing agency wants me to use the slogan 'Win with [my last name]' and a variant, 'When you want to win, call [my last name],' across internet, TV, radio, and billboard ads. Would that be false or misleading advertising under the rules?
No. The panel held the proposed rhyming slogans are permissible under Rule 7.1 because there is no substantial likelihood that a reasonable member of the public would conclude from them that the…
What must Connecticut lawyers do when selling a law practice or practice area?
The seller must cease the sold practice, transfer the entire practice or area, notify and obtain consent from affected clients, preserve existing fees, protect confidences, and use accurate…
Can a part-time county Department of Social Services lawyer also take assigned-counsel criminal and Family Court cases?
Sometimes. The opinion applies a facts-and-circumstances test: the lawyer may accept criminal or Family Court assignments only where the Department, and the law-enforcement officials the lawyer…
Can a criminal defense lawyer serve on a District Attorney's conviction integrity committee and still represent criminal defendants?
Yes. The opinion concludes that reviewing wrongful-conviction claims is not a prosecutorial function, and an unpaid volunteer reviewer who is not controlled by and shares no general case access with…
Can a New York lawyer form a partnership with a foreign patent professional such as a Japanese benrishi?
Only conditionally. The opinion concludes the New York lawyer must first independently confirm that the foreign professional's education is essentially equivalent to a New York lawyer's and that the…
Could a full-time Utah judge preside over a civic organization issuing political statements, pending-case comments and fundraiser publicity?
No, on the website activities the Committee reviewed. It found the organization's legislative advocacy, pending-case comments, candidate criticism and fundraiser publicity incompatible with the…
Does a Texas law firm's website that invites prospective clients to email the firm need a confidentiality warning, and can an accepted warning let the firm use the information against the sender?
Per the Committee, the rules do not require a warning, but without an effective warning a firm that solicits emails may owe a duty to protect a prospective client's confidential information (which…
Can a lawyer warn of contempt or sanctions in a subpoena duces tecum that is served by mail rather than personally?
The Committee concludes lawyers should not include language threatening sanctions in a subpoena duces tecum served by mail, because sanctions require personal service. It declines to call the threat…
Must family court judges recuse when an attorney representing their staff associations in a pay-period writ appears before them?
West Virginia JIC Opinion 2015-19 says recusal is not automatic, but the judges must disclose the relationship in every such case while the writ is pending and follow recusal procedures if someone objects.
Must family court judges recuse when the attorney for their association’s pay-period writ appears in other cases?
West Virginia JIC Opinion 2015-18 rejects automatic recusal but requires disclosure of the relationship in every case involving that attorney while the writ is pending, followed by the cited…
May a magistrate hear criminal cases prosecuted by a step son-in-law or assistants in that prosecutor’s office?
West Virginia JIC Opinion 2015-17 precludes the magistrate from cases involving either the step son-in-law prosecutor or assistant prosecutors in that office.
May a judge tell a nonparty attorney about a credible threat learned during a judicial proceeding?
West Virginia JIC Opinion 2015-16 permits disclosure of only the threatening person’s identity and the threats to the endangered nonparty when the judge has credible information of physical harm.
May a magistrate assistant serve as an elected member of a county political executive committee?
West Virginia JIC Opinion 2015-15 concludes that a magistrate assistant cannot concurrently serve on the county political executive committee.
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.