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.
Must a Virginia lawyer who ghostwrites or reviews pleadings for a pro se litigant disclose that assistance to the court?
No. Absent a court rule or law requiring it, the Virginia Rules do not obligate a lawyer to tell the court that a pro se litigant received behind-the-scenes assistance; nondisclosure is not…
May a Wyoming juvenile judge give general parenting information on an unpaid television program?
Wyoming JEAC Opinion 2014-02 permits the judge's unpaid weekly parenting segment as a licensed family therapist. The program gives only general information, does not discuss juvenile justice, and…
Does the relaxed conflict rule for limited legal services (Rule 6.5) apply when a lawyer gives free consultations to a nonprofit's members?
No. Rule 6.5 relaxes the conflict-of-interest rules only when it is not feasible to run a conflicts check before short-term limited services, as in a legal-advice hotline or advice-only clinic.…
Can a North Carolina lawyer subpoena a HIPAA-covered provider and demand compliance without giving the HIPAA notice or protective-order assurances?
Yes, if the subpoena complies with the Rules of Civil Procedure. The lawyer need not provide the HIPAA assurances, but as a courtesy may send a letter alerting the provider that the records may be…
What must the other lawyers in a firm do when a partner or colleague becomes mentally impaired and may be harming clients?
The firm's managing and supervising lawyers must make reasonable efforts under Rule 5.1 to ensure the impaired lawyer does not violate the Rules, because impairment does not lessen the duties of…
Can a North Carolina lawyer reveal a client's settlement amount to the client's former lawyer who is claiming a share of the fee?
Only with consent or under the self-defense exception. Settlement details are confidential under Rule 1.6, so absent the client's consent the lawyer may not disclose them to the discharged…
I'm a part-time prosecutor for City A one day a week, and my private criminal-defense practice wants to take on a client charged with a misdemeanor by City B's police, heard in the same district court division as City A's cases. Is that a conflict?
No, not per se. The panel held Rule 1.7 does not automatically bar the inquiring attorney, a part-time prosecutor for City A, from representing a criminal defendant charged by City B even though…
Must a newly appointed district judge recuse from a divorce trial after serving as hearing officer in the same court?
No automatic disqualification arose from the earlier hearing-officer work in the same court. The committee said the judge’s knowledge was acquired in a court proceeding, while cautioning that bias…
Can a California lawyer concurrently be 'of counsel' to a law firm and run a separate solo practice, and use separate business cards and stationery for each capacity?
The opinion concludes the dual capacity is ethically permitted; the lawyer may use separate business cards and stationery for the two practices so long as the relationship satisfies the 'close,…
Can a New York law firm advertise that it offers second opinions to people who already have a lawyer?
Yes. The opinion concludes a firm may advertise its availability to give second opinions to represented parties; the no-contact rule does not apply because the firm is not yet involved in the…
I represented my client's attorney-in-fact under a power of attorney for an elderly principal. The power of attorney ended and a guardian was appointed for the principal. Can I give the guardian copies of my file from representing the attorney-in-fact?
Yes. The panel held Rule 1.6 permits the inquiring attorney to comply with the guardian's request for copies of documents relating to the representation of the former attorney-in-fact, because that…
Must a D.C. judge recuse when a former law clerk appears as counsel?
D.C. Judicial Conduct Opinion No. 13 rejects automatic permanent disqualification when a former clerk appears. It recommends a one-year period of recusal after the clerkship as a rule of thumb, with…
May an unopposed incumbent South Dakota judge contribute campaign funds to another judicial candidate?
Yes. The Committee read Canon 5C to allow judges subject to public election to contribute to a candidate at any time, including when the incumbent has no opponent.
If a D.C. lawyer is job-hunting with the opposing party or opposing counsel in a matter, does that create a conflict of interest with the lawyer's client?
The opinion concludes that a lawyer who seeks employment with a client's adversary, or the adversary's lawyer, may have a personal-interest conflict under Rule 1.7(b)(4) if the lawyer's professional…
May a Connecticut immigration lawyer continue after causing a filing error and reimburse the client's government filing fees?
Yes on the stated facts. Candid disclosure and corrective work showed no material-limitation conflict, and reimbursing filing fees was restitution for the error rather than prohibited financial assistance.
Must a lawyer who prepared a client's will produce it in response to a court order or subpoena, and can the lawyer assert privilege or confidentiality?
Formal Ethics Opinion 2014-F-158 concludes that a lawyer cannot simply refuse a court order or subpoena for a will, but under RPC 1.6(c)(2) must assert all non-frivolous claims that the will is…
May a judge retain an interest in a family marina concession contracting with the agency whose park rangers bring cases to court?
No. The committee concluded that the judge’s ownership created a conflict requiring divestiture as soon as practicable without serious financial detriment. It found no conflict from the brother’s…
Can a lawyer charge a client's credit card for a bill the client has disputed, if the client pre-authorized card charges?
No. The opinion concludes that once a client disputes all or part of a bill, the lawyer may not charge the credit card for the disputed portion, even with prior advance authorization. A lawyer…
Can a South Dakota judicial campaign hold a fundraising athletic event with the candidate present?
The committee could organize a donation-funded event, but the candidate could not attend if that would reveal contributors. The opinion also addressed shirts, a separate committee donation page, and…
May a judge ask the prosecutor to file adult truancy cases by information directly in circuit court?
West Virginia JIC Opinion 2014-13 advises against the judge suggesting that charging change because the request could be seen as taking on the prosecutor’s role; it declines the remaining questions.
May a magistrate attend one regional jail cost-containment committee meeting?
West Virginia JIC Opinion 2014-12 permits attendance at the described meeting on administration of justice, while cautioning against pledges about future magistrate conduct beyond faithful and…
May a Connecticut firm rent its address, conference room, and phone system to an unaffiliated lawyer?
Yes, if all participating lawyers protect confidential information and client property and make clear that the practices have no firm, partnership, corporate, or of-counsel affiliation.
May Connecticut lawyers divide fees from an hourly family-law or other noncontingent matter?
Yes, if the referral fee is not outcome-contingent, the client receives written notice of the sharing and each lawyer's participation and does not object, and the total fee is reasonable.
Must an unopposed incumbent South Dakota judge file a campaign finance disclosure report?
The Committee said no report was required for the unopposed incumbent under the cited 2014 statutes, although it said filing would be advisable if the incumbent received campaign funds.
Are a law firm's press releases and tweets about shareholder lawsuits subject to New York's attorney advertising and solicitation rules?
Yes. The opinion concludes press releases and tweets aimed at potential clients are advertisements and solicitations: press releases keep a three-year retention, tweets a one-year retention and an…
In a deferred disposition, must a Maine defense lawyer disclose the client's new crimes to the prosecutor or the court?
No. Counsel has no affirmative duty to volunteer the client's other charges or conduct to the prosecutor or court, but counsel may not allow false testimony; if the client testifies falsely, counsel…
Can a lawyer who will be a witness still work on the case before trial under Rule 3.7?
Yes. Rule 3.7(a) bars only acting as advocate at trial, not pretrial work, and the disqualification is not automatically imputed to other lawyers in the same office.
My client, an estate administrator, told me she used estate funds to pay her own medical bills and plans to pay it back but can't prove she can. I'm preparing the final accounting. Do I have to tell the probate court?
No, and you cannot. The panel held the administrator's disclosure that estate funds were diverted is a confidential communication protected by Rule 1.6, and the attorney is not permitted to reveal…
Can a lawyer send a Facebook friend request to an unrepresented opposing party to see their nonpublic posts?
Only if the request discloses that the sender is the party's lawyer. The opinion holds that friending an unrepresented adversary without revealing the lawyer's identity and role would be a…
When buying a retiring lawyer's practice, can the purchase price include a share of future fees from that lawyer's current, former, and newly referred clients?
The price may include a share of future fees from the retiring lawyer's current and former clients, but not fees from new clients the retired lawyer refers, because a retired lawyer may not share…
Can a lawyer represent a client before a town planning agency when a firm colleague sits on the same town's zoning board of appeals?
Yes, where the zoning board has no interest or jurisdiction in the matter. The opinion finds no Rule 1.7 conflict because the colleague's board has no stake in the planning-agency decision.
Can a lawyer pay a commercial website that lets prospective clients post their needs and invite proposals, paying only when a client retains the lawyer?
Yes. Because the client initiates contact through the website and requests proposals, the program is permitted advertising under Rule 7.2 rather than prohibited paid solicitation under Rule 7.3(f),…
Which state's ethics rules govern a Massachusetts-licensed civilian Navy lawyer advising the Navy from a base outside Massachusetts?
Federal, not Massachusetts, professional responsibility law governs. Under the Massachusetts choice-of-law rule (Rule 8.5(b)), the predominant effect of the conduct is not in Massachusetts, so the…
Where may a judicial candidate park a private vehicle bearing campaign signs near a courthouse?
West Virginia JIC Opinion 2014-11 permits parking in a public spot more than 300 feet off courthouse or county premises, while citing restrictions on court-area campaign displays and election-day…
May a part-time Maryland Orphans’ Court judge also work for a state or local government agency?
The Committee permitted such employment only for ministerial duties, not discretionary work that could influence the exercise of governmental power. It excluded work in the Register of Wills or…
Can a lawyer store client files in the cloud, and what safeguards are required?
Yes. The opinion concludes a lawyer may use cloud storage so long as the lawyer takes reasonable steps to keep client information confidential and secure; the duties of confidentiality and…
Does a criminal defense lawyer have to tell the court when a third-party custodian reports the client is violating bail conditions?
No. The opinion reaffirms that the lawyer has no obligation to volunteer the custodian's report to the court, because Rule 3.3 protects the integrity of courtroom proceedings, not out-of-court…
Can a lawyer charge clients a surcharge to cover credit card processing fees?
Yes, if it is reasonable and the client consents after full disclosure. The opinion concludes a lawyer may pass on the actual credit card processing fee as a client expense, but only what is…
Can a Texas lawyer have a debt management company that the lawyer owns refer its customers to the lawyer's own law firm for legal services?
Per the Committee, no for any legal matter related to the customer's debt situation, because the lawyer's ownership creates a Rule 1.06(b)(2) conflict that cannot be cured by consent; referrals are…
Can a Texas lawyer who is regularly hired by a financial planning company accept that company's referrals of its customers as new clients?
Per the Committee, generally yes for matters unrelated to the customer's financial or investment dealings with the company, but generally no (even with consent) where the representation involves…
May a contractor serving or seeking to serve a judge’s court pay the judge’s conference fees or travel expenses?
No. The Commission says the contractor’s payment would create an appearance of influence or impropriety where the judge’s orders generate its business.
May a Wyoming municipal judge sign a resignation agreement with a confidentiality clause?
Wyoming JEAC Opinion 2014-01 concludes that the municipal judge may sign the proposed termination agreement. Its mutual confidentiality clause, with legal and advisory exceptions, does not violate…
Can a government or public-sector lawyer in North Carolina take on pro bono cases for private clients?
Yes, unless a statute bars that lawyer from private practice. Government lawyers share the Rule 6.1 responsibility to provide pro bono service, but some (judges, full-time DAs, public defenders,…
Can a law firm represent both the foreclosure trustee and the secured creditor in a contested foreclosure?
No. A foreclosure trustee is a neutral party who may not advocate for either side, so a firm that represents the trustee in a contested foreclosure cannot also represent the secured creditor (or the…
Can a lawyer look up jurors and prospective jurors on social media during a trial?
Yes, passively. The opinion concludes that a lawyer may passively review a juror's public internet presence but may not send an access request such as a friend request, which is a prohibited ex…
Can a New York law firm take on new clients against an entity it represented before, over that entity's objection?
It depends on whether the entity is a current or former client. The opinion concludes a firm may not oppose a current client absent written informed consent, but may oppose a former client in a…
May a Maryland judicial appointee host a meet-and-greet for a political candidate at home?
No. The Committee concluded that hosting the event would be partisan political activity forbidden to a judicial appointee who was not a candidate, and could lend the prestige of the appointee’s…
May a county judge remain on the Safety Council board when it administers the city prosecutor’s diversion program?
Nebraska Judicial Ethics Opinion 14-1 prohibited board service after the Council began administering a diversion program whose unsuccessful participants could return to the judge’s court.
May a mental hygiene commissioner display judicial candidate campaign signs outside the commissioner’s law office?
West Virginia JIC Opinion 2014-09 advises against the display as an appearance of impropriety, despite an exemption from certain former Canon 5 political-activity provisions.
May a judge perform licensed school-bus inspections for two school districts on weekends?
Yes, on the stated facts. The committee found no current conflict in the limited weekend work, but said the judge must not use court resources and must consider disqualification if a district or its…
May a judge post bond for a sister administering their grandmother’s estate?
West Virginia JIC Opinion 2014-08 permits the judge to post the bond and sign the Bond Book on the stated consensual family-estate facts.
Can a New York lawyer advertise being listed in 'Best Lawyers' without violating the advertising rules?
Yes, if the lawyer assesses the listing's methodology and concludes it is a bona fide professional rating: unbiased, nondiscriminatory, and based on a defensible method. The opinion treats the…
Can a New York settlement require the claimant's lawyer not to solicit or refer other people with similar claims against the settling party?
No. The opinion concludes Rule 5.6(a)(2) bars settling a claim on the understanding that the claimant's lawyer will not later solicit new clients with similar claims against the settling party, or…
Can a New York lawyer advertise 'I know how to win for you' or claim 'unsurpassed litigation skills'?
No. The opinion concludes both phrases violate Rule 7.1: each is misleading and cannot be factually supported when disseminated, and adding the 'prior results' disclaimer does not cure the problem.
Can a Texas solo lawyer's professional corporation use an assumed firm name that includes both the owner's name and the name of an employed (non-owner) associate?
Per the Committee, yes; an assumed name such as 'A & B, Attorneys at Law' is not a prohibited trade name under Rule 7.01 when it contains the names of lawyers who actually provide the firm's legal…
If a contract requires my client to pay the other side's attorney's fee and that fee seems excessive, can I still close the deal, and must I report the other lawyer?
Yes, the lawyer may participate in the transaction even if the counter-party's attorney's fee is excessive, because the lawyer did not cause or induce it. Reporting under Rule 8.3 is required only…
Can a lawyer who practices under his full name use a firm name that includes only his middle initials and last name, dropping his first name?
Yes. Dropping the first name while keeping the surname and the initials of two given names is a slight enough variation that it does not violate Rule 7.5(b)'s trade-name prohibition, as long as the…
Can a lawyer who is executor of a deceased attorney's estate inspect and disclose confidential information in stored wills in order to return them to the right people?
Yes. Because the executor did not come into possession of the wills incident to his own practice, the Rule 1.15(c) notification duty and Rule 1.6(a) confidentiality bar do not apply to him; he may…
Can a lawyer who works as a marital mediator refer the couples to the lawyer's spouse, a psychiatrist, for free counseling sessions?
Yes. As a third-party neutral the mediator is not representing clients, so Rule 1.7's personal-interest conflict rule does not apply; but the lawyer must tell the parties the lawyer does not…
Can a law firm sell advertising space to other professionals in its educational newsletter, and is the whole newsletter treated as lawyer advertising?
Yes. A firm may sell ad space in its newsletter to third parties, including other firms, as long as the rates carry no implied referral or fee-splitting arrangement. The entire newsletter counts as…
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.