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.
Can a New York lawyer accept payment of fees from a third party whose interests may be adverse to the client, when the client also still owes the lawyer money from earlier work?
Yes. Under Rule 1.8(f) the lawyer may accept a third party's payment if the client gives informed consent, the lawyer's independent judgment is not compromised, and confidences are protected. A…
May a circuit judge preside over a case previously handled by the judge’s magistrate spouse?
West Virginia JIC Opinion 2014-07 bars the judge from cases previously handled by the spouse, while allowing other judges on the court to review the spouse’s decisions.
Which pending abuse and neglect cases may a new judge hear after serving as county prosecutor?
West Virginia JIC Opinion 2014-10 permits cases with no prior participation, but requires recusal for any participation or corresponding criminal case, plus disclosure and recusal on objection in…
Can a Kentucky lawyer store confidential client information in the cloud, and what does the lawyer have to do to use it ethically?
Yes. A lawyer may use cloud computing for confidential client information, but must safeguard that information, act competently in selecting and monitoring the service, supervise the provider, and…
After a partner leaves and a Virginia firm changes its name, can the firm keep using the old firm-name domain by redirecting it or posting a notice?
Yes, but only with an explanation. The firm need not abandon the old domain, but redirecting it or posting a notice is misleading unless it also tells visitors the departed lawyer still practices,…
May a Connecticut lawyer accept advance fees and costs by credit card without exposing client trust funds to fees or chargebacks?
Yes, with a system that places advances in trust, charges processing fees and chargebacks to lawyer funds, and prevents one client's dispute from debiting other clients' money.
May a Connecticut probate lawyer collect interim fees before final court approval and disclose billing details to support them?
Yes. Interim collection is not a per se Rule 1.5 violation, but the court may later reduce the fee; billing information requires client consent, a court order, or another Rule 1.6 exception.
I'm certified as an elder law attorney by an ABA-accredited organization. Can I put 'Certified Elder Law Attorney' on my letterhead?
Yes, with conditions. The panel held Rule 7.4 permits the inquiring attorney to include the designation 'Certified Elder Law Attorney' on letterhead, but requires identifying the National Elder Law…
Can a criminal defense lawyer agree with the prosecutor not to give discovery copies to the client during the case and to return sensitive materials before it ends?
Yes, as to withholding copies during the case, because Rule 1.4 lets the lawyer satisfy the duty to inform by showing and discussing the materials. But returning 'sensitive' materials before…
Can a Maine lawyer represent a client in a collaborative law process in a family law matter?
Yes. The Maine Rules of Professional Conduct do not prohibit a lawyer from entering a collaborative participation agreement, subject to caveats on scope, confidentiality, competence, fees,…
May an Arkansas judicial candidate who previously served as a judge call himself a former judge in campaign materials?
Yes. The Committee said the candidate could describe his prior judicial service and use the proposed “former judge” campaign phrases, although he could not list himself as “judge” on the ballot.
Is a part-time municipal judge accountable for a pattern of rights violations by court staff or private probation providers?
Yes. The Commission says part-time status and lack of hiring authority do not remove the judge’s duty to supervise court functions and protect defendants’ rights; if the court cannot operate…
Can a New Hampshire lawyer offer discounted legal services through a group coupon or daily deal site like Groupon?
A lawyer may offer a coupon deal (paid at the time of service) if advertising-cost, conflict, competence, refund, and trust-accounting rules are satisfied; the opinion concludes a prepaid deal is…
My law partner wants to become counsel for the municipal pension board, but I represent union members who are suing the municipality over how the board calculates their disability benefits. Is that a conflict for the firm?
Yes. The panel held that a lawyer's proposed representation of a municipality's pension board presents a concurrent conflict of interest under Rule 1.7 where another lawyer in the same firm…
I'm holding an escrow fund that unit owners contributed for a deck repair, but the client no longer wants the deck, the condo association wants the money, and the special assessment was rescinded. Who do I pay?
The panel held Rule 1.15(e) requires the attorney to protect the disputed escrow funds by keeping them in the account until the dispute over entitlement is resolved, and does not obligate the…
Does a municipal judge serving less than ten days under an annual contract qualify for the pro tempore lobbying exemption?
No. The committee classified the judge as a continuing part-time judge because the annual contract covered repeated service. That category has no exemption from Rule 21-302’s restrictions on lobbying.
May a lawyer represent an aunt in a financial claim against relatives the lawyer previously represented?
No. The committee found the relatives remained the lawyer's clients and that the proposed claim was materially adverse and substantially related to the lawyer's earlier work involving their…
May a judge use personal stationery bearing the state seal or courthouse address for campaign thank-you notes?
No. The Commission bars office indicia other than the judicial title on campaign correspondence and says personal judicial stationery must not resemble official court stationery.
May a Maryland judge encourage attorneys to represent indigent litigants pro bono?
Yes. The Committee reaffirmed that judges may solicit attorneys for indigent parties’ pro bono representation, including individual and broader bar communications, so long as they do not coerce…
May a judge join a domestic violence response team and sign its grant-support letter?
West Virginia JIC Opinion 2014-05 rejects both the judge’s team participation and the grant letter because of recurring one-sided court appearances and fundraising concerns.
May a part-time district judge’s law partner serve as a deputy prosecutor in the same county?
The Committee found no obvious conflict under the described separation of assignments, but said actual conflicts could require recusal and the judge should not share in the partner’s prosecutor salary.
After a real estate closing, can or must a lawyer who learns the buyer and seller committed fraud (including bad checks) disclose it to the lender or law enforcement?
Generally no. The fraud is confidential information under Rule 1.6, and Rule 3.3 does not apply because no tribunal is involved. Disclosure is permitted only in narrow situations: to withdraw a…
May a Maryland part-time child-support master also prosecute cases in the same jurisdiction’s District Court?
No. The Committee advised against concurrent work as a circuit court master and part-time prosecutor because the roles could cause frequent disqualification and undermine public confidence in…
May an applicant for judicial appointment also campaign and fundraise for election to the same open seat?
West Virginia JIC Opinion 2014-04 permits election campaigning and a fundraising committee once the applicant declares an election candidacy, even while the appointment application remains pending.
Can a Michigan judge serve on a board that awards grants, and must the judge recuse when a grant recipient later appears as a party?
A judge may serve on and make grant recommendations for a law-improvement organization, and is not automatically disqualified from a grant recipient's later cases, but should disclose and recuse…
What civic and charitable activities may a judge join, and how far can a judge go in lending a name, title, or presence to an organization without crossing into soliciting funds?
A judge may serve and be listed with a bona fide civic, charitable, religious, fraternal, or educational organization, speak at or be honored at its events, and allow use of the judge's name, but…
Does an Ohio judge have to step aside from a case when one of the lawyers is working on the judge's election campaign?
The opinion concluded that a lawyer's mere participation in a judge's current election campaign does not require the judge to disqualify, but disqualification is warranted for at least the campaign…
Could a South Dakota judicial candidate’s family member or the candidate contribute more than $1,000 to the campaign?
The Committee said the $1,000 per-individual limit applied to family members, but the candidate could contribute more than $1,000 of personal funds to the candidate’s own campaign.
May a family court judge publish a family law book and receive payment?
West Virginia JIC Opinion 2014-03 permits the book and compensation subject to former Canon 4’s limits on conflicts, payment and reporting.
Can a Michigan lawyer sell legal services through a daily-deal coupon site that keeps a percentage of each purchase?
The opinion concluded that participating in coupon-type marketing where a nonlawyer vendor keeps a portion of the purchase price is impermissible fee sharing with a nonlawyer under MRPC 5.4(a), and…
Can a New York lawyer buy physical evidence, such as surveillance video, for use in litigation, and can the payment be contingent on the case outcome?
Yes in general, and the payment may be contingent on the outcome, but limits apply: a lawyer may not pay outcome-contingent compensation to someone who will be a witness (Rule 3.4(b)), and may not…
When a client leaves, what electronic records must a North Carolina lawyer hand over, and in what format?
Under Rule 1.16(d) the lawyer must surrender everything in the file the client is entitled to and that would help successor counsel, and electronic records are treated the same as paper. Using legal…
Can a North Carolina lawyer disburse against funds credited to the trust account by ACH or EFT before the transfer is final?
Yes. ACH and EFT transfers are designed to make funds available immediately, like wired funds, and the risk of reversal is slight, with notice to the lawyer in time to act. A lawyer who learns of a…
When a court appoints a guardian ad litem for a child or protected person, can the other lawyers in the case contact that child or person directly, or must they go through the guardian ad litem?
They must go through the guardian ad litem. The opinion concludes a guardian ad litem is both alter ego and attorney for the child or protected person, so Rule 4.2's bar on contacting a represented…
May a judge search the judiciary’s case system for a defendant’s criminal history before arraignment?
Yes. The committee treated court records as a source for judicial notice and concluded the Code permits the pre-arraignment search, provided the judge informs the parties at arraignment of…
Can a personal injury lawyer outsource the resolution of health-insurance liens to a lien-resolution company and pass that fee to the client as a litigation cost?
The opinion concludes a lawyer may engage a lien-resolution company; the fee may be charged to the client as a cost only if the work is the equivalent of accounting or appraising (not the practice…
What should a judge do after learning of a possible lawyer conflict in a pending divorce case?
A majority in West Virginia JIC Opinion 2014-02 directs the judge to raise the discovered facts with both parties, confirm the understanding, and allow each side to respond.
May a judge serve as personal representative for a longtime friend treated as family?
West Virginia JIC Opinion 2014-01 permits the judge to administer the deceased friend’s estate, applying the former Canon’s close familial relationship definition to the described bond.
Could a Utah drug court judge write an agent's supervisors to thank the agent for court work when the agent might later testify?
Yes, in general terms. The Committee allowed a simple expression of appreciation for the agent's drug-court work but barred language suggesting the judge had assessed the agent's truthfulness or…
Can a New York lawyer move unearned client retainers from one escrow account to another lawyer's escrow account to protect them from a creditor's levy?
No. Unearned advance-payment retainers belonging to a lawyer's clients must stay in that lawyer's own escrow account and cannot be transferred to another lawyer's escrow account to shield them from…
What conflict, fee, confidentiality, and unrepresented-party rules apply to a D.C. lawyer handling a private adoption for a birth parent or adoptive parents?
The opinion concludes that private (independent) adoptions raise recurring duties a lawyer must address up front, mostly under the conflict rules. A lawyer for a birth parent may accept fees from…
Can a lawyer claim a profile on a rating or social-media site for lawyers, and can the lawyer trade endorsements with other lawyers?
A lawyer may claim a profile and post accurate information, but must check how the site's ratings work, must monitor and disclaim false ratings or endorsements where feasible, and may not give…
Can a lawyer pay to participate in an online lead-generation service that sends the lawyer prospective clients' contact information?
Yes, qualified. A lawyer may pay a flat or per-lead fee to a lead-generation service only if the service matches lawyers and clients on disclosed, objective criteria and does not recommend, endorse,…
If a California lawyer represents a debtor in a pro bono simple, no-asset Chapter 7 bankruptcy and concurrently represents one of the debtor's creditors in an unrelated matter, must the lawyer obtain informed written consent from both clients?
Per California Formal Opinion 2014-191, no informed written consent is required under former Rule 3-310(C)(3) because a simple, no-asset Chapter 7 is an in rem proceeding that does not create direct…
When a California law firm dissolves, what does each attorney (lead partner, associate on the matter, partner unrelated to the matter) owe each client of the firm under the duty to avoid foreseeable prejudice on withdrawal?
Per California Formal Opinion 2014-190, every attorney at the dissolving firm (regardless of partner/associate status or prior contact with the client) owes the client a duty under former Rule…
Where may a lawyer direct credit-card payments of advance fees when the processor also makes debits?
The opinion rejects even temporary deposit of advances into an operating account. It permits routing advances to trust and earned fees to operating, with chargebacks taken only from operating; it…
May a lawyer who is likely to be a necessary witness act as trial advocate or join arguments with the judge?
Absent one of Rule 4-3.7’s three exceptions, the opinion bars the necessary witness from trial advocacy, including arguments and conferences with the judge. It says the rule does not itself bar the…
May a Missouri lawyer file and collect an attorney’s lien for unpaid fees after withdrawal?
The opinion requires reasonable fees and bars unfounded or legally invalid liens, while allowing a lien authorized by law. It leaves the lien’s legal validity and filing procedure to statute and…
Did a Colorado judge's private marijuana use, lawful under state law in 2014, violate the judicial Code?
Yes. The Board held that federal criminal law still prohibited marijuana use, and treated its violation as more than a minor offense under Code Rule 1.1(B). It did not decide whether discipline…
Must California counsel disclose a contract lawyer who ghostwrites a court document?
The opinion permits undisclosed ghostwriting in general, but requires disclosure to the court when seeking that lawyer's fees and to the client when the involvement is a significant development.
Can a non-lawyer represent a party in a court-ordered arbitration in Alabama, and what must a lawyer do if one tries?
No. Absent a statute allowing it, a non-lawyer representing a party in a court-ordered arbitration in Alabama commits the unauthorized practice of law, and a lawyer involved must bring the issue to…
Can a North Carolina lawyer let a law student or another lawyer they are mentoring observe confidential client consultations?
Yes, but only with the client's informed consent. The opinion treats an outside mentee (a law student or a lawyer outside the firm) as someone not covered by the lawyer's duty of confidentiality, so…
Can a lawyer advise and represent a medical marijuana business when the activity is legal under state law but a federal crime?
Yes. An Illinois lawyer may advise and provide transactional services to medical cannabis clients under Rule 1.2(d)'s exception for helping a client determine the law's application, and may advise…
Can a lawyer wear clothing with the firm's logo and practice area during a TV interview?
Yes. Wearing firm-logo apparel on television is lawyer advertising governed by Rules 7.1 and 7.2; it is permitted as long as the information is truthful and not misleading and the firm name and…
Can a State's Attorney negotiate a labor contract with county police while also calling those officers as witnesses in criminal cases?
Yes, after a case-by-case Rule 1.7 conflict analysis. The two roles are generally not directly adverse, but the State's Attorney must check whether the criminal-witness relationships would…
What must Vermont prosecutors do if police plan to publicize preliminary breath test results in DUI cases?
The opinion says a prosecutor may not publicly disclose those results and must exercise reasonable care to prevent associated law enforcement personnel from making statements the prosecutor could…
Can a lawyer licensed only in another state mail solicitations to Illinois accident victims?
Yes, soliciting Illinois clients is not itself unauthorized practice after the 2010 Rule 5.5 changes, but the mailing must follow Illinois advertising rules: disclose the lawyer is not licensed in…
May Nebraska defense counsel advise a client to accept a plea agreement waiving ineffective-assistance claims, or may a prosecutor demand that waiver?
No. Defense counsel has a nonwaivable personal-interest conflict when advising on a waiver of claims attacking counsel's own work, and a prosecutor may not induce that Rules violation by requiring…
If a lawyer signs a mediation agreement promising to pay the client's share of the mediator's fee, is the lawyer ethically bound to pay it?
Yes. Although counsel is not normally a guarantor of a client's debt to a mediator, a lawyer who signs an agreement promising to pay the mediator is bound; refusing without legal justification would…
May a Vermont firm pay for a location-based listing in an accident assistance app?
The opinion treats the described listing as advertising, rather than a lawyer referral service under Rule 7.2(b)(2), and permits participation if the actual contact complies with Vermont's…
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.