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 send a recommendation for a judicial applicant to the governor or a nominating commission?
Yes. The committee treats a recommendation sent directly to the governor or a judicial nominating commission as a permitted private endorsement of a candidate for judicial appointment.
When a lawyer buys a retiring attorney's practice and inherits original wills, what must the lawyer do, and can the wills be filed with the surrogate's court?
The lawyer must take reasonable steps to locate and notify the testators or others with an interest in each will, and may review or disclose confidential information from a will only as needed for…
Can a prosecutor let a debt collection company send prosecution-threat letters on the prosecutor's letterhead?
No. The opinion concludes that a prosecutor who lets a debt collection company use official letterhead to threaten prosecution, without any lawyer reviewing the file or the letter, violates Rule…
May a judge welcome the public and introduce speakers at a free citizens law school?
West Virginia JIC Opinion 2014-20 permits the judge’s described unpaid introductory role, without answering substantive questions, under former Canon 4B.
Does a lawyer for an estate executor owe duties to the beneficiaries, and what can the lawyer do if she suspects the executor is hiding assets?
The executor is the lawyer's only client; the lawyer owes no duty to a beneficiary absent an agreement otherwise. The lawyer may not assist conduct she knows is fraudulent or make a false statement,…
Can a lawyer close a short sale where the buyer pays a short-sale negotiator's fee and lowers the offer by the same amount without telling the bank?
No. Disclosing only that the buyer pays a negotiator's fee, while hiding that the offer was reduced by the same amount to cover it, is a misleading half-truth. Under Rule 8.4(c) the buyer's lawyer…
Can a Texas lawyer run a pro bono nonprofit law firm under a name that describes the services and includes the name of someone who was never a lawyer in the firm?
Per the Committee, no; a name like 'Jane's Law Firm, A Free Legal Resource for Children with Autism' violates Rule 7.01(a) because it is a trade name, it is misleading as to the lawyer's identity,…
Can a Texas prosecutor make criminal defense lawyers promise not to give file materials to their clients and waive court-ordered discovery as a condition of open-file access?
Per the Committee, no; because the Michael Morton Act (Tex. Code Crim. Proc. art. 39.14) requires an open-file policy without preconditions, a prosecutor who conditions the required disclosures on…
Can a plaintiff's lawyer personally agree to indemnify the defendant against third-party liens on the settlement?
No. The opinion concludes a lawyer may not personally agree to satisfy third-party claims to settlement funds, because it creates a conflict under Rule 1.7 and amounts to financial assistance barred…
May a judge make a public television statement about the historical significance of West Virginia’s first female U.S. senator?
West Virginia JIC Opinion 2014-19 permits a statement confined to social, cultural and historical significance without discussing names or candidacies.
Can a lawyer reveal client confidences to rebut a former client's negative online review?
No. The self-defense exception in Rule 1.6(b)(5)(i) lets a lawyer reveal confidential information only to defend against a formal accusation, such as a lawsuit, disciplinary complaint, or similar…
Can a lawyer use the job title 'immigration specialist' in a nonlegal HR role without violating the ban on calling yourself a specialist?
Yes, if she does not publicly tie the 'specialist' title to her status as a lawyer. Rule 7.4 bars a lawyer from publicly claiming to be a specialist, but the ban does not reach someone who is not…
When a law firm adds a name partner, must it discard old letterhead and open a new trust account?
No, if the firm is the same entity or a legal successor and makes the necessary corporate filings and bank changes. It may use up the old letterhead and keep using the existing trust and operating…
Must a former deputy district attorney recuse from cases prosecuted by former colleagues in counties where the judge had no supervisory role?
The committee says Rule 21-211(A) does not require recusal solely because former district attorney colleagues prosecute a case in which the judge neither participated nor had supervisory authority.
May a family court judge simultaneously serve as a National Guard judge advocate?
West Virginia JIC Opinion 2014-18 says the described JAG duties constitute practicing law and preclude concurrent service as a family court judge.
Can a North Carolina lawyer send an out-of-state entity or witness a North Carolina subpoena that cannot be enforced against them?
Yes, if the lawyer is candid about it. When a foreign entity or an out-of-state individual asks for a North Carolina subpoena 'for its records,' the lawyer may provide one as long as it is…
Must a North Carolina criminal defense lawyer give the client copies of all discovery or let the incarcerated client review it?
The lawyer must give the client a meaningful opportunity to review relevant discovery on a reasonable request, but is not required to hand over physical copies. Under Rule 1.4 the lawyer keeps the…
What must a New York law firm's name, letterhead, and business cards include or disclose?
A professional-corporation firm name must include 'P.C.' A firm need not call itself a 'law office.' Personal cards and letterhead may list a lawyer by name without a position title. But firm…
Can a government agency lawyer work on matters involving litigation she earlier handled against the agency for a private client?
Not on the same matter. A lawyer who participated personally and substantially in the prior litigation may not advise the agency on that same matter (such as compliance with its settlement), and…
When a lawyer is admitted in New York and another state, which state's ethics rules govern non-litigation work like contracts and agency filings?
If the lawyer is admitted only in New York, New York's rules govern all non-court matters. If the lawyer is admitted in New York and elsewhere, the rules of the jurisdiction where the lawyer…
After selling a law practice, can the selling lawyer stay involved to transition active client matters?
Yes, for a reasonable period. The opinion concludes that a lawyer selling a practice under Rule 1.17 must stop taking new matters in the sold area but may help the buyer transition active matters…
Did South Dakota's judicial campaign contribution limit apply to organizations as well as individuals?
Yes. The Committee said the $1,000 election-year cap in Canon 5(C)(2) applied to contributions from both individuals and organizations.
Can a lawyer who also mediates divorces write a novel based on what they learned from mediation clients?
Only if no one can identify the clients. Because the inquirer's mediation was not distinct from the legal work of drafting the divorce papers, Rule 5.7(a)(1) subjects the mediation to the…
Can a New York lawyer run a purely virtual law office, and does the advertising rule require a physical street-address office?
Yes. Opinion 1025 holds that Rule 7.1(h) regulates only advertising and does not independently require a physical office, so a non-resident New York lawyer who advertises may list the internet…
Can a New York lawyer help clients comply with the state medical-marijuana law even though marijuana is still illegal under federal law?
Yes. Given the published federal policy of restrained enforcement, the opinion concludes that Rule 1.2(d) permits a New York lawyer to advise and assist clients in conduct designed to comply with…
May a Connecticut lawyer file a limited-scope Chapter 7 case for a debtor who owes unrelated concurrent clients?
Yes without creditor-client consent only after careful review shows no significant risk of adversity. The debtor still must give informed consent to a reasonable scope limit, and anticipated…
Can a lawyer admitted only in New York be of counsel to an out-of-state firm that practices under a trade name?
No. Because New York bars lawyers from practicing under a trade name and the New York-only lawyer cannot 'principally practice' in the jurisdiction that allows the trade name, New York's rules…
Can a lawyer complete the TP-584 and RP-5217 real estate tax forms by their instructions even though they do not disclose a grossed-up purchase price?
Yes. The opinion holds that completing the TP-584 (which reports the gross price) and the RP-5217 (which reports the price net of the seller's concession) exactly as their instructions require is…
Could a Maryland judge take part in the 2014 Ice Bucket Challenge after being identified by judicial title in a public video?
The Committee said the judge could participate in a personal capacity, but recording and posting a response to a public challenge that named the judicial office would impermissibly lend its prestige…
Can a part-time municipal court judge share in the fees their law partners or associates earn from criminal matters in other counties?
Yes. The Committee overruled Opinion 559 and held that a part-time municipal court judge may share in fees generated by partners or associates who handle criminal, quasi-criminal, or penal matters…
May a judge join a mayor’s children’s cabinet that seeks private support for youth services?
No. The committee found that service with the mayor and the cabinet’s search for private grants would undermine the appearance of impartiality. The judge could still appear or testify before it on…
May a judge be a class-action representative plaintiff concerning a family estate claim?
West Virginia JIC Opinion 2014-17 permits the judge to join the class or file a separate action, but bars service as a representative plaintiff.
Can a Georgia lawyer conduct a 'witness only' real estate closing, use lender-prepared documents, and route closing funds outside the trust account?
No witness-only closings: the lawyer must control the closing and review all documents. The lawyer may use documents prepared by others after verifying and adopting them, and must deposit and…
What must a Connecticut firm do with old trust-account funds when the clients' names and addresses cannot be identified?
The fiduciary duty continues. If the owners truly cannot be identified, the firm must keep the funds safe until Connecticut's escheat laws govern their disposition.
May the Wyoming Supreme Court seek competitive grants for a public judicial learning center?
Wyoming JEAC Opinion 2014-04 permits the court to apply for the described public, competitive educational grants. It conditions the analysis on the grantors' low likelihood of appearing in court and…
Can a law firm use a website domain name that combines its practice area with the word 'expert'?
No. The opinion concludes that 'expert' implies a comparative claim of superior results that no disclaimer can cure, and is the equivalent of the 'specialist' label Rule 7.4 restricts, so a firm may…
Can a lawyer use a cloud-based tool to post and share closing documents with the other parties to a transaction?
Yes, if the technology gives reasonable protection to confidential client information; if it does not, only with the client's informed consent after disclosure of the risks. The lawyer must take…
What supervisory duties do managing prosecutors owe over the lawyers and staff in their offices?
The same as other managing and supervising lawyers. The opinion concludes that prosecutors' offices are 'firms,' so managerial prosecutors must adopt reasonable compliance policies and supervising…
May a judge be appointed special commissioner to sell property in an estate partition case?
West Virginia JIC Opinion 2014-16 rejects the appointment because it would violate the state constitution’s ban on judges accepting another public-trust appointment.
Can a Texas lawyer represent a bankruptcy debtor when one of the creditors is a current (or former) client of the lawyer in other, unrelated matters?
Per the Committee, the representation does not violate Texas Rule 1.06 when the matters are not substantially related and the lawyer's judgment is not adversely limited, but the Fifth Circuit's…
May Wyoming Supreme Court justices or court staff solicit private donations for a judicial learning center?
Wyoming JEAC Opinion 2014-03 says neither the justices nor the court's Administrative Office should solicit or receive private donations for the center. A third party may collect them, and justices…
Is a Nevada lawyer who is hired to provide lobbying services, rather than legal services, still bound by the Rules of Professional Conduct?
The Committee concluded that a Nevada lawyer hired to act as a lobbyist is likely subject to the Nevada Rules of Professional Conduct, because legislative lobbying is sufficiently law-related, even…
Can a lawyer accept an anonymous lump-sum cash payment that is meant to cover legal fees for the lawyer's clients and a co-defendant represented by a different lawyer?
The Committee concluded that accepting an anonymous lump-sum cash payment intended to cover fees for both the lawyer's clients and a co-defendant represented by another lawyer raises conflict and…
Can a North Dakota lawyer move to Minnesota and use physician-recommended medical marijuana while keeping a North Dakota law license?
No. The committee concluded that using medical marijuana, even where a state authorizes it and a physician recommends it, would violate Rule 8.4(b). Marijuana remained illegal under federal law and…
Does a creditor's lawyer who confesses judgment on a cognovit note have a conflict of interest with the debtor?
The opinion concluded that it is proper for a lawyer to sign an answer confessing judgment against a debtor under a warrant of attorney in a cognovit note when a creditor asks, as long as the…
Can lawyers in a part-time county prosecutor's law firm take criminal defense cases against the state?
The opinion concluded that a part-time county prosecutor cannot represent criminal defendants prosecuted on behalf of the state (or a municipality the prosecutor is authorized to prosecute for),…
Must a judge recuse from every case involving the attorney general’s office while that office prosecutes the judge’s adult child?
No blanket recusal applies. The opinion calls for disqualification when an office employee participating in the child’s prosecution is involved in the judge’s case, or when extraordinary…
Can a law firm let its lawyers access client files remotely so they can work from home?
Yes, if the firm determines that the technology and devices used give reasonable protection to confidential client information, in which case client consent is not needed. If the firm cannot reach…
After withdrawing because of a conflict of interest, can a law firm refer the former client to specific new attorneys?
Yes. The opinion concludes that a firm withdrawing for a conflict may give the former client a good-faith referral to attorneys it believes appropriate, consistent with Rule 1.16(e)'s duty to avoid…
Can a law firm's staff answer the phone using the partners' initials, and name a sponsored little league team after them?
Yes. The opinion concludes that using the named partners' initials only to answer the phones, or to name a sponsored little league team, is not practicing under a trade name and does not violate…
May a magistrate own and work in a pizzeria with a deputy sheriff and bail bondsman as partners?
West Virginia JIC Opinion 2014-15 says the magistrate cannot continue in office while owning the proposed pizzeria with a deputy sheriff and bail bondsman. A possible EDA loan and daily work raise…
May a Maryland judge coach a public high school basketball team and accept its coaching stipend?
The Committee permitted coaching if it did not interfere with judicial duties or use court resources. A stipend was permitted if reasonable and commensurate with the work; the judge could not…
Can a New York lawyer who is also a real estate broker represent the seller and broker the same sale?
Yes. The opinion concludes a lawyer who is also a licensed broker may represent a seller and act as broker in the same sale if the broker fee is fixed, non-refundable, and not contingent on closing,…
Can a New York lawyer contact a prospective client who, on a current client's recommendation, asked to be contacted?
Yes. The opinion concludes a lawyer may contact such a prospective client as long as the lawyer did not initiate the contact and paid nothing for the recommendation; an unsolicited referral that the…
I'm an assistant solicitor who advised the planning board that denied a project, and the board of appeals (which special counsel advised) upheld that denial. The applicant is now appealing both decisions to Superior Court and wants me disqualified. Can I defend the municipality, the planning board, and the board of appeals together?
Yes. The panel held Rule 1.7 permits the inquiring attorney, an assistant solicitor, to represent the municipality, its planning board, and its planning board of appeals in the applicant's Superior…
Can a New York lawyer who works as a real estate broker represent an owner in foreclosure to then broker the firm's purchase of the property?
No. The opinion concludes the dual role is a nonconsentable conflict under Rule 1.7: the lawyer's interest in brokering the later purchase would taint the lawyer's judgment in the foreclosure case,…
May a judge appoint a current law clerk’s spouse to review guardianship and conservator reports?
West Virginia JIC Opinion 2014-14 permits the appointment on the stated facts, emphasizing the appointee’s nonadversarial reporting role and the judge’s familiarity with the appointee’s work.
May a South Dakota judicial candidate advertise at a movie theater?
Yes. The Committee said movie theater advertising is permissible if its placement and content preserve the dignity and integrity of judicial office; it cautioned that some theaters or films could…
Do the usual conflict rules apply to a lawyer who gives short-term pro bono advice through a bar association program?
Under Rule 6.5, the conflict rules bind a limited-services pro bono lawyer only when the lawyer has actual knowledge of a conflict, and even then the conflict is not imputed to others in the firm;…
Must a New York lawyer disclose a client employee's false statements in a visa application to the federal agency if the client refuses?
The opinion concludes Rule 3.3's duty to remedy false statements to a tribunal does not apply, because a visa or work-permit application is not an adjudicative proceeding before a tribunal; other…
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.