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 judge join a juvenile drug court treatment team for a former client whose delinquency case already required recusal?
West Virginia JIC Opinion 2015-14 calls for recusal from that juvenile’s treatment team; another judge is needed if the requester runs the drug court, but not if the requester is a noncritical team member.
Can a North Carolina lawyer solicit legal business in person from people she knew through a prior non-legal career, like business contacts from when she was a consultant?
Yes. Rule 7.3(a) exempts in-person solicitation of a person with a prior professional relationship with the lawyer, and that phrase is not limited to prior lawyer-client relationships; it includes…
If a third party steals from a North Carolina lawyer's trust account through counterfeit checks, hacking, or a spoofed wire request, must the lawyer replace the stolen client funds?
It depends on whether the lawyer used reasonable care. A lawyer who kept the trust account in substantial compliance with Rule 1.15 and reasonable security measures is not professionally required to…
Does a North Carolina lawyer who withdrew from a criminal appeal need the former client's consent before discussing the case with, or handing the file to, successor appellate counsel?
No. Unless the former client specifically instructed otherwise, discussing the case with successor appellate counsel and turning over the appellate file are impliedly authorized under Rule 1.6(a),…
Must court-appointed counsel help a conserved Connecticut client file a frivolous and financially harmful probate appeal?
No. Counsel ordinarily follows the conservator on matters within the conservator's authority when the client's contrary preference is unreasonable and counsel agrees, and Rule 3.1 does not require…
May a Connecticut lawyer practice simultaneously in two or more law firms?
Yes, but the firms must be treated together for conflict checks and imputation, client information must remain protected, all affiliations must be disclosed without misleading clients, and…
Could an Illinois judge participate in a police department ride-along program?
No. The Committee concluded that riding with an officer would compromise the appearance of judicial impartiality under former Rule 62.
What can a lawyer do when the client is missing or won't respond, and a court deadline is approaching?
The opinion concludes a lawyer who cannot contact a client must make a diligent, documented effort to locate the client and seek continuances of deadlines. If a lawyer-client relationship exists,…
May a judicial candidate solicit Voter Action Act seed money or qualifying contributions, including from lawyers?
No. The committee said a judicial candidate may not personally solicit or accept either kind of contribution from anyone. Campaign committees also may not disclose contributors’ identities or…
Can a lawyer who works for a police-misconduct review board engage in partisan political activity?
No. The opinion concludes that an attorney for a municipal agency that investigates police misconduct, with subpoena power and authority to refer misconduct for administrative prosecution or…
In a joint representation, can a lawyer give one co-client the file and keep that request secret from the other co-clients?
It depends. The opinion concludes co-clients are presumed to share information and to have full file access, but where one co-client asks the lawyer to keep the file request secret from the others…
Can a Utah lawyer pay a per-bid fee to an online service that forwards client requests so the lawyer can bid for the work?
Yes. Paying a nominal per-bid fee to an internet forum that forwards client requests does not violate the advertising or solicitation rules (Rules 7.1, 7.2, 7.3) or the prospective-client rule (Rule…
Can a lawyer interview a former control-group employee of an adverse corporation without opposing counsel's consent?
Yes, but with limits. The opinion concludes a lawyer may contact a former control-group employee of an adverse party under Rule 4.2, but may not ask about anything covered by the attorney-client…
When a West Virginia lawyer or investigator comes into possession of physical evidence of a client's crime, what do the amended Rules of Professional Conduct require?
The opinion reaffirms L.E.I. 98-02 and concludes that, under the amended rules, applicable law (including obstruction and evidence-tampering statutes) may require a lawyer who takes possession of…
What ethics rules govern a West Virginia lawyer's use of social media (Facebook, LinkedIn, Twitter) for client matters, friending, juror and judge research, reviews, and advertising?
L.E.O. 2015-02 answers twelve social media questions. West Virginia lawyers may advise clients about their posts, connect with clients, review jurors, and advertise online, but may not contact…
Can a West Virginia lawyer hire stand-in counsel (a lawyer outside the firm, often through a company) to cover a hearing, and what duties apply to both lawyers?
Yes. The Board concludes using stand-in counsel is permissible if both the hiring lawyer and the stand-in lawyer follow the Rules: competent and prepared representation, client communication and…
Can a Tennessee lawyer store confidential client information in the cloud?
Formal Ethics Opinion 2015-F-159 concludes that a lawyer may store confidential client information in the cloud if the lawyer uses reasonable care to keep the information confidential and secure,…
May a clerk magistrate handle citations issued by a State Patrol officer spouse or remain in court while the spouse testifies?
Nebraska Judicial Ethics Opinion 15-2 concluded that a clerk magistrate must recuse from matters involving the officer spouse, including handling citations and fines or being in court during the…
What are a Maine lawyer's duties when representing someone selling their structured settlement payments?
The lawyer must satisfy Maine's Structured Settlement Protection Act (24-A M.R.S. § 2241 et seq.): be engaged by the seller (not the purchaser), take no compensation from the purchaser, and have…
May a mental hygiene commissioner serve on the federal Civil Rights Commission’s state advisory committee?
West Virginia JIC Opinion 2015-13 says the commissioner needs the Chief Justice’s approval before appointment; it declines to decide whether a court administrative employee may serve.
After serving a summons and complaint, can a lawyer simply withdraw when the client stops paying and communicating, or must the lawyer file the case and move for leave to withdraw?
The lawyer must file the case, pay the filing fee, and move for leave to withdraw. The committee concluded that serving a summons and complaint is an appearance, and under North Dakota Rule of Court…
Can a lawyer represent both an immigrant child in removal proceedings and the proposed guardian in the related Family Court guardianship case, and can the child consent to the conflict?
Yes, if the lawyer reasonably believes the lawyer can competently and diligently represent both and obtains each client's informed consent confirmed in writing. The child may consent if the lawyer…
May a California lawyer advise and assist a client on compliance with California's medical-marijuana laws when the same activity would violate federal law?
Yes, the lawyer may counsel and assist on California-law compliance, but cannot advise or assist the client in evading federal arrest or prosecution, must limit the scope accordingly, and must…
Can a lawyer team up with a nonlawyer claims recovery firm that signs up clients, hires the lawyer to bring their antitrust claims, takes a one-third contingent commission, and pays the lawyer out of that commission?
Not on a systematic, continuing basis, because a claims recovery firm is not on the Appellate Division list of approved nonlegal professionals under Rule 5.8. Even a non-exclusive reciprocal…
Can a lawyer who gives a legal seminar hand out firm materials and meet with attendees afterward to discuss their cases?
The opinion concluded that a lawyer may present a legal seminar to prospective clients and make firm brochures and information available near the exit (without personally distributing them), but may…
Can an Ohio judge refuse to perform same-sex marriages while still performing opposite-sex ones?
The opinion concluded that a judge who performs civil marriages may not refuse to marry same-sex couples while continuing to marry opposite-sex couples, and may not stop performing all marriages in…
What procedure should a judge use after disclosing possible connections to a witness and victim in a pending case?
West Virginia JIC Opinion 2015-12 directs the judge to send a timely letter explaining the possible recusal to the Chief Justice under Trial Court Rule 17.
Must a judge recuse when an assistant prosecutor running against the judge appears in court?
West Virginia JIC Opinion 2015-11 finds no automatic disqualification when a prosecutor appears before the judge against whom the prosecutor is running; the prosecutor need not disclose the contest…
Should a judge disqualify a public defender from all cases because an ethics complaint has been made but not yet served?
West Virginia JIC Opinion 2015-10 rejects wholesale disqualification based on an unproven complaint and directs case-specific evaluation of any later motion.
May a judge serve on a county task force reviewing youth development services?
Yes, assuming the services concern juvenile offenders. The judge must leave discussions of pending or impending cases, cease service if such discussions recur, and disqualify if the program or task…
May a new judge leave their name on a former firm’s materials or use its office and equipment?
West Virginia JIC Opinion 2015-09 allows the father to retain the former firm name solely for income tax purposes through year-end, but requires removal of outward practice signs, no judicial work…
Must a lawyer who represents adoptive parents and can see confidential genetic-parent information in the court file disclose it to the adoptive-parent client on request?
No. The committee concluded a lawyer for adoptive parents is statutorily obligated under N.D.C.C. 14-15-16 to keep the genetic parents' identifying information confidential unless that statute's…
If a lawyer agreed to store a client's tangible personal property 'temporarily' and the client is now unreachable, must the lawyer keep storing it, or can the property be treated as abandoned?
The lawyer must keep safeguarding it. The committee concluded that Rule 1.15 requires the lawyer to hold the client's tangible personal property with a fiduciary's care until it can be delivered to…
Must a new judge recuse from every case prosecuted by an associate of the judge’s former law firm?
West Virginia JIC Opinion 2015-08 rejects automatic recusal but requires disclosure of the former work relationship in pending and, for a time, new cases, with Trial Court Rule 17.01 steps if a…
What does a firm owe a prospective client who turns out to be the adversary of an existing client, and must it tell the existing client about the consultation?
The firm owes the prospective client confidentiality under Rule 1.18(b) for information learned in the consultation. Whether the consultation must be disclosed to the existing client, or bars…
If a client tells a North Carolina closing lawyer to stop the deal after the deed is recorded, must the lawyer still disburse the closing funds?
Yes. Once the deed is recorded and title has passed, the closing lawyer must satisfy the seller's conditions on delivery of the deed by disbursing the sale proceeds, even if the buyer-client says…
Does a North Carolina lawyer who realizes they made an error that might be malpractice have to tell the client, keep representing them, and refund fees?
A lawyer must disclose a material error that prejudices the client's rights or clearly gives rise to a malpractice claim, but need not disclose an easily corrected, negligible error. Disclosure does…
Can a North Carolina lawyer hire a private investigator to misrepresent their identity to gather evidence before filing suit?
Only in narrow circumstances. The opinion permits a private lawyer to advise, direct, or supervise an investigation that uses misrepresentation as to identity or purpose, but only to pursue a…
Does a North Carolina lawyer have to advise a client about their social media in litigation, and can the lawyer tell the client to delete posts?
Yes to advising. Competence under Rule 1.1 requires a litigator to understand social media well enough to advise the client about how existing and future postings could affect the case. A lawyer may…
May a civil lawyer ask a DUI defendant for a true admission in return for the victim not opposing diversion?
Yes on the stated facts. The prosecutor had already filed charges, the victim had legitimate interests in the criminal proceeding, and the requested condition was not a threat to bring charges…
May a Connecticut lawyer accept barter credits for legal services through a commercial exchange?
Yes, if the lawyer preserves independent judgment and confidentiality, charges a reasonable written fee, complies with advertising rules, receives no recommended-client advantage, and handles any…
Can a lawyer guarantee a bank loan that a client takes out to pay the lawyer's retainer?
No. The opinion concludes that Rule 1.8(e) bars a lawyer from advancing or guaranteeing financial assistance to a client in litigation, and none of the rule's three exceptions covers guaranteeing a…
Can a part-time town prosecutor's firm sue a neighboring village over its zoning or planning board's actions?
Yes, under stated conditions. The opinion concludes the firm may bring an Article 78 proceeding against the Village's zoning or planning board where the Town and Village are separate entities with…
Can a lawyer who used to be a Family Court judge later represent, in private practice, a party who appeared before them, and can the lawyer's firm take the case if the former judge is screened?
No. Under Rule 1.12(a) a former judge may not privately represent a client in a matter on the merits of which the judge acted, and that conflict cannot be waived even with everyone's consent. The…
What parts of the file must a lawyer turn over to a former client at the end of a representation?
The papers and property the client is entitled to, but not materials the lawyer made for the lawyer's own purposes. The opinion concludes that client-provided materials, filed and executed…
Can a D.C. lawyer pay a lawyer referral service a percentage of the fees earned on referred cases without violating the rule against fee sharing with nonlawyers?
The opinion concludes that a lawyer may pay a referral service a flat per-referral fee, which is not fee sharing because it does not depend on the fee earned. A percentage of the lawyer's earned…
What level of technology competence does a California lawyer handling litigation need to ethically manage electronically stored information (ESI) and e-discovery?
Per California Formal Opinion 2015-193, an attorney's duty of competence under former Rule 3-110 includes a basic understanding of e-discovery; if the matter requires more, the lawyer must acquire…
May a judge or clerk magistrate who performs marriages decline same-sex ceremonies on religious grounds or refer the couple elsewhere?
Nebraska Judicial Ethics Opinion 15-1 said a judge or clerk magistrate performing marriages could not refuse same-sex couples or refer them away on that basis, but could choose to perform no marriages.
When a court asks a public defender about contacts with an absent client, what may the lawyer disclose, and can the lawyer still represent the client on the original and new bail-jumping charges?
A public defender may disclose only nonprivileged facts about contacts with the client, and only when the court orders the answer, not on a mere question, under Rule 1.6(c)(5). On the limited facts,…
If a lawyer's fee for representing a client was paid by the client's parent, can the lawyer later take a case against that parent?
Yes. A third party who pays a client's fee is not the lawyer's client just by paying. As long as the lawyer did not give the parent reason to believe he was a client, representing the other parent…
Can new lawyers raise start-up money for their law firm through online crowdfunding, and which crowdfunding models are allowed?
Some models, not others. Donation and reward crowdfunding are permissible, but equity and royalty models are barred because giving a funder an ownership interest or a share of revenue violates Rule…
Can a Florida lawyer tell a client to delete posts or change privacy settings on social media before a lawsuit?
A lawyer may advise a client to set social media to private and to remove posts pre-litigation, but only if there is no spoliation or other legal violation and the removed data is preserved.
Can a lawyer threaten to file a disciplinary complaint against opposing counsel?
Rule 3.4(e) does not bar it, because that rule reaches only threats of criminal charges. But the opinion concludes the threat is improper if the lawyer has a mandatory duty to report the misconduct…
If a fire, flood, or other accident destroys client files, does a lawyer have to tell the clients?
Often yes. The opinion concludes that when destruction of a file compromises competent and diligent representation, the lawyer must take reasonable steps to reconstruct it or notify the client if…
What must a New Hampshire lawyer do before jointly representing a married couple in estate planning, and what consent is required?
The lawyer must screen for conflicts, explain the confidentiality and loyalty implications of joint representation, and obtain the clients' informed consent under Rule 1.6(a) to share information…
Can a lawyer report a client's bill-payment history to a credit-bureau-style database that other law firms can see?
Yes, but only with the client's informed, uncoerced consent. A client's payment status is confidential information, and the fee-collection exception does not cover this reporting, so the lawyer…
Can a law firm let a nonlawyer staff member open escrow sub-accounts and move money between them and the master escrow account?
Yes, within limits. A firm may authorize a nonlawyer to direct the bank to open escrow sub-accounts and to transfer funds from a sub-account to the master escrow account, under close supervision, as…
Can legal-aid lawyers for unaccompanied immigrant children report client names and case details to a grant funder's database, and can a child consent to that disclosure?
They may disclose if the information is not privileged and disclosure would not be embarrassing or detrimental, or if the client (or a parent or guardian) gives voluntary informed consent. A young…
If a lawyer is admitted only in New York but lives and practices immigration law solely in another state, must they keep their client trust account at a New York bank?
No, unless the other state's rules require it. Under New York's choice-of-law rule (Rule 8.5(b)), a lawyer who is federally authorized to practice immigration law and works only in another state is…
Can a lawyer hired as local counsel limit how much responsibility they take on for the case?
Yes, but only through an agreement that limits the scope of representation under Rule 1.2(c). The opinion concludes the "local counsel" label alone does not narrow a lawyer's duties; any limit must…
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.