Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
When moving to withdraw, can a lawyer file the client's own court papers from another case to support the motion, even if doing so makes the client look unstable?
It depends on whether the papers are confidential information under Rule 1.6. A lawyer should reveal no more than necessary: if the court accepts that 'professional considerations' require…
May a judge give law enforcement a fugitive father’s address and phone number learned in a confidential guardianship hearing?
West Virginia JIC Opinion 2015-07 concludes that the judge may not disclose the address or phone number because they are nonpublic information acquired in a judicial capacity.
Can an elected county clerk keep a private law practice, and what limits do the conduct rules place on it?
Yes, subject to any law governing the office. Under Rule 1.11(d) and (f), the clerk may not participate in any matter before the clerk's office in which the clerk was personally and substantially…
Can a city attorney buy property the city took in tax foreclosure and is reselling, and what conflict rules apply?
Yes, if the purchase complies with government-ethics law, the lawyer does not advise the city (or supervise those who do) on property sales, and the lawyer holds no confidential city information…
Can a judge sign a letter to all lawyers in the state encouraging them to do pro bono work?
Yes. A state supreme court judge may sign a letter on the judge's stationery, mailed by the unified bar to every lawyer in the state, urging them to meet their Rule 6.1 pro bono responsibility,…
Can a lawyer transfer the stock of a law professional corporation to a revocable living trust for estate planning, if at least one trustee is a licensed attorney?
No. The committee concluded that a revocable living trust may not own stock in a professional corporation that practices law for a profit, even if a trustee is a licensed attorney. Rule 5.4(d)(1)…
Does a lawyer have to hold onto documents or property a client leaves with them unsolicited?
Generally no. The opinion concludes a lawyer has no duty under Rule 1.15 to hold property a client delivers unsolicited and unconnected to the representation unless the lawyer consents to hold it,…
Can a lawyer post bail for a client who is in custody?
Rarely, and the opinion discourages it. A lawyer may post bail only where the amount is small enough not to materially limit the representation, and only after obtaining the client's written…
What are a Colorado lawyer's duties when an adult client seems unable to make adequately considered decisions?
The opinion concludes the lawyer must, as far as reasonably possible, maintain a normal client-lawyer relationship (Rule 1.14(a)). If the lawyer reasonably believes the client has diminished…
If a Texas firm hires a non-lawyer employee (like a marketing assistant) who used to work for the opposing party's firm, must the firm withdraw, and must it screen the employee?
Per the Committee, hiring such a non-lawyer does not automatically disqualify the firm; under Rule 5.03 the firm must manage the employee to protect the former employer's client confidences, and if…
Can a Texas government-agency lawyer defend the agency in other employees' furlough appeals when the lawyer herself may be furloughed and could file the same appeal?
Per the Committee, only if the agency consents after full disclosure and the lawyer reasonably believes the representation will not be materially affected by her own interests; consent alone is not…
May a Vermont probate judge also serve on a governor-appointed executive commission?
Vermont Judicial Ethics Opinion 2728-17 finds no categorical bar to a probate judge's appointment to an executive commission. The judge must keep the roles separate, assess impartiality and judicial…
Must a Vermont judge recuse when a first cousin once removed is the state's attorney?
Vermont Judicial Ethics Opinion 2728-16 finds no automatic disqualification for a judge whose first cousin once removed is the state's attorney, including cases handled by that office's deputies. On…
When a lawyer leaves a firm and some clients choose to follow, does the lawyer automatically represent them, and can the lawyer require new fee agreements?
No automatic relationship, but the lawyer may represent them. The committee concluded that clients who chose to follow a departing lawyer are former clients of the old firm, not automatic clients of…
When may a Maryland judge voluntarily speak to or consult with local government bodies?
The Committee concluded that Rule 3.2 permits voluntary appearances or consultations only within its listed exceptions, including narrowly construed matters about the law or administration of…
What are a lawyer's duties when an internet scammer poses as a client and sends a fake check to the trust account?
The opinion concludes a lawyer owes no confidentiality duty to someone whose purpose is to defraud the lawyer and may report them, but only after reasonable diligence confirms the person is not a…
Can a North Carolina lawyer offer a free computer tablet to prospective clients in a direct-mail solicitation letter, and may the lawyer loan a tablet to a client after being hired?
No to the solicitation offer. Offering a tablet in a targeted direct-mail letter is an inducement to call the lawyer for an improper in-person solicitation, and the loan disclaimer here was…
Can a North Carolina lawyer for a lender draft a foreclosure-notice waiver under N.C.G.S. 45-21.16(f) and give it to an unrepresented borrower to sign?
Yes, on a debt of $100,000 or more, if the lawyer complies with the statute and Rule 4.3 and does not advise the borrower or imply disinterest. But when the property is the borrower's primary…
Which pleadings or filings may a North Carolina lawyer prepare for an unrepresented opposing party in a pending civil proceeding, and which may the lawyer not?
A lawyer may prepare filings that do not amount to giving legal advice, such as an acceptance of service, confession of judgment, settlement agreement, release, accurate affidavit, or dismissal…
Can parties waive a judge’s disqualification from juvenile matters after the judge represented the juveniles’ parents in earlier abuse and neglect cases?
West Virginia JIC Opinion 2015-06 concludes that waiver is insufficient and the judge must recuse from both juvenile matters because of the prior parental representations.
Which state's ethics rules govern a New York lawyer who runs a virtual law office in another state and practices only in federal court there?
It depends on the conduct. For proceedings in a Virginia court where the lawyer is admitted, Virginia's rules apply; for other conduct, the rules of the admitting jurisdiction where the lawyer…
Does using a sign-language interpreter to communicate with a deaf client waive the attorney-client privilege, and may a lawyer use one?
Whether the privilege is waived is a question of law the committee does not decide, but it notes courts have repeatedly held that using an agent to facilitate communication does not waive it. If…
Can a Minnesota lawyer advise and assist a client in conduct that is legal under the Minnesota Medical Marijuana Law but a crime under federal law?
Yes. A lawyer may advise and assist clients in activities that comply with the Minnesota Medical Marijuana Law without violating the Rules of Professional Conduct, so long as the lawyer also advises…
Can a Texas lawyer send confidential client information by email, including unencrypted email like Gmail?
Per the Committee, yes; given the present state of technology and email usage, a lawyer may generally communicate confidential information by email, but in some circumstances (highly sensitive…
May a Maryland judge running for judicial election use funds from an earlier legislative campaign and receive funds from a former nonjudicial slate?
The Committee allowed both uses under the then-cited Judicial Code, assuming compliance with election law and legislative ethics rules. It expressly did not decide whether those outside laws…
Can a lawyer give clients a credit on their bill in exchange for rating the lawyer on a review website like Avvo?
Yes. A lawyer may give clients a $50 credit for rating the lawyer on a site like Avvo, provided the credit is not contingent on the content of the rating, the client is not coerced or compelled to…
Can a lawyer with a contingent-fee agreement take a fee out of a litigation-funding advance the client received against a future recovery?
Whether an existing 'settlement or judgment' contingent fee reaches a third-party advance is a question of law the committee will not decide. A retainer may provide for such payment from the start;…
Can a law firm charge clients who pay a retainer by credit card a little more than the processing fee the card company charges the firm?
Yes. A lawyer may charge a client a nominally higher amount than the credit card processing fee imposed on the lawyer, as an administrative convenience, if the client is told about the up-charge and…
Can a Wisconsin lawyer label an advance fee or an availability retainer 'nonrefundable'?
No. The revised opinion concludes that because both advanced fees and availability retainers must be earned and may have to be refunded under SCR 20:1.16(d), calling either one 'nonrefundable' is a…
Can a lawyer accept a referral fee from a non-lawyer for sending the client to that person's services or products?
The opinion concludes that an attorney acting as a lawyer for a client is prohibited from accepting a fee from a non-lawyer third party for referring the client to that third party's non-legal goods…
Can a Hawaii lawyer accept credit card payments for fees, and how must trust and earned funds be separated?
The opinion concludes that a lawyer may accept credit cards for legal fees and expenses, but unearned retainers and flat fees must go intact into a trust account while earned fees may not, so the…
When can a lawyer or firm use the title 'of counsel' on letterhead, cards, and ads?
The opinion concludes that using the title 'of counsel' (and variants such as 'special counsel,' 'tax counsel,' or 'senior counsel') is permissible only where the relationship between the lawyer or…
Can a lawyer employed by an insurance company use a firm name that makes the practice look like an independent law firm?
The opinion concludes that an attorney who is an employee of an insurance company may not use a firm name, letterhead, or designation that states or implies an independent law firm; doing so…
Are a lawyer's website, domain name, and email subject to the advertising rules, and can a lawyer email prospective clients?
The opinion concludes that communications about a lawyer's services on a web site are advertising and are subject to HRPC 7.1, 7.2, 7.4, and 7.5, covering domain names, web and email addresses,…
When can a lawyer disclose a deceased client's confidential information?
The opinion concludes that an attorney may disclose a deceased client's confidential information when the disclosure is impliedly authorized to carry out the representation, for example, where the…
Can an insurance defense lawyer follow the insurer's litigation and billing guidelines?
The opinion concludes that an insurer's billing or litigation guidelines that form part of the contract with defense counsel are ethically impermissible if adherence interferes with the attorney's…
Can a lawyer help a client get a loan to pay the lawyer's fees and litigation costs?
The opinion concludes that an attorney may refer a client to a lender for legal fees and costs, and may give substantial assistance in arranging such financing, provided the credit charges are not…
Can a lawyer hold a client's papers and property as a retaining lien until unpaid fees are paid?
The opinion concludes that, until retaining liens are explicitly recognized by Hawaii law, a lawyer's assertion of a retaining lien against a client's or former client's papers and property would…
Can a lawyer or law firm give a holiday gift or a loan to a judge or court employee?
The opinion concludes that it is improper for an attorney or law firm to give a gift or lend anything to a judge, court official, or court employee if acceptance is prohibited by law or would appear…
Can a law firm share office space and a receptionist with a non-lawyer such as a CPA?
The opinion concludes that a law firm or attorney may sublet part of its offices to non-lawyers, and share reception and secretarial services on a cost basis, provided the non-lawyer does not…
May a magistrate assistant’s cohabiting partner work as a bail bondsman in the magistrate’s area?
West Virginia JIC Opinion 2015-05 rejects the partner serving as a bail bondsman in the county or surrounding counties while the assistant works with the magistrate.
May a magistrate serve on the board of a nonprofit that provides evaluation and training services to people with disabilities?
West Virginia JIC Opinion 2015-04 permits the board service subject to former Canon 4C(3)’s limits on litigation, fundraising, and investment advice.
Can a criminal defense lawyer advise a client to accept a plea deal that waives the right to later claim ineffective assistance of counsel?
Yes, unless a reasonable lawyer would find a significant risk that the lawyer's own interest in avoiding an ineffective-assistance claim would adversely affect the lawyer's judgment. If that…
Can a New York lawyer reply to someone's online post asking for a lawyer, and can a lawyer post on Reddit or Twitter to find plaintiffs for a case?
A lawyer may respond, in the manner invited, to a potential client who posts online asking to be contacted; that response is not solicitation, though describing the lawyer's services to secure…
What legal work and teaching may an appointed magistrate continue after taking office?
West Virginia JIC Opinion 2015-02 permits limited will and deed preparation and college teaching, but rejects rental agreement drafting and legal work for the county commission.
May a magistrate’s spouse work as an independent process server in the magistrate’s county?
West Virginia JIC Opinion 2015-03 concludes that the spouse should not serve as a process server in that county while the requester is a magistrate.
May a Connecticut lawyer act as both lawyer and real-estate agent in one transaction and advertise discounted legal fees?
Sometimes. The dual role requires Rule 1.8 disclosures and conflict analysis; it is generally possible for a seller or exclusive buyer's broker, but not for a buyer's lawyer who owes duties to the…
Can a government lawyer investigating a private lawyer for fraud interview that lawyer's clients without the private lawyer's consent under the no-contact rule?
The government lawyer is subject to Rule 4.2. Whether the clients may be interviewed without the private lawyer's consent depends on whether the investigation is a separate matter and, if so,…
Can a Utah lawyer report an internet 'client' who turns out to be running a counterfeit-check scam against the lawyer?
Yes. The opinion concludes that someone who contacts a lawyer only to defraud the lawyer (the classic counterfeit-check collection scam) is not a client or prospective client owed confidentiality…
May a California lawyer take a contingency fee agreement giving the lawyer the first proceeds of suit, shifting to the client the risk that the defendant's finances will limit recovery?
Yes, the agreement is enforceable if it is in a writing that complies with Bus. & Prof. Code section 6147 and the client provides informed consent based on the lawyer's full and fair disclosure of…
Can a New York lawyer charge a flat, nonrefundable monthly retainer fee?
The opinion concludes such a fee may be permissible only if it is not excessive, is fully earned, does not impede the client's right to terminate, and is clearly disclosed. Because the monthly fee…
Can a law firm use a professional employer organization (PEO) to handle payroll and HR for its staff?
Yes. The opinion concludes a New York firm may use a PEO so long as the PEO does not interfere with the lawyers' independent judgment or supervision of staff, does not access client confidential…
Can a D.C. law firm make a departing lawyer pay liquidated damages for competing, or penalize the lawyer for working with former colleagues?
The opinion concludes that under Rule 5.6(a) a law firm may not provide for or impose liquidated damages on a lawyer who competes with the firm after leaving, and may not penalize a departed lawyer…
Must a judge recuse from bonding matters involving bail bondsmen buying the judge’s rental properties?
West Virginia JIC Opinion 2015-01 rejects automatic recusal but requires disclosure in every matter involving the buyers or their companies during sale negotiations and while the sale is pending.
Can a North Carolina lawyer connect with a judge on LinkedIn, and can the lawyer display a judge's endorsement or recommendation?
A lawyer may connect with a judge on LinkedIn and may send the invitation, evaluated like any personal interaction with a judge, but must decline or wait if connecting during a pending matter would…
Can North Carolina lawyers own a for-profit adoption agency and also do the legal work for the couples they refer to it?
Yes, with strict conflict controls. Lawyers who own a law-related business like an adoption agency may refer their legal clients to it and accept its referrals only if they comply with Rules 1.7(b),…
Can one North Carolina lawyer represent both the borrower and the lender in a commercial real estate loan closing?
Usually no. The opinion treats dual representation of borrower and lender in a commercial loan closing as a nonconsentable conflict in most cases, because the deal involves heavy negotiation and…
Can a New Hampshire lawyer disclose confidential information over a client's objection to protect the client from elder abuse or other serious bodily harm?
Yes, within limits. Rules 1.6(b)(1) and 1.14(b)-(c) may authorize a lawyer to take protective action, including disclosing confidential information, where there is sufficient evidence of actual or…
May a Connecticut lawyer knowingly sign a noncompliant home-improvement contract for the lawyer's own home?
Only if the lawyer has no intent to use the known defect to avoid the contract later. Signing while preserving that tactic would involve deceit or misrepresentation under Rule 8.4(3).
May a Connecticut lawyer offer not to report opposing counsel's misconduct as a condition of settling a civil case?
No. Rule 8.3(a) prohibits a settlement term barring a report of lawyer misconduct, regardless of which side proposes it or whether the accused lawyer believes the grievance lacks merit.
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.