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 lawyer employed by a non-lawyer company represent the company's customers in their legal matters?
No. A staff attorney for a financial services company may not handle the customers' Social Security appeals: it creates a materially limiting conflict, risks assisting the company's unauthorized…
Must a Nebraska estate lawyer disclose a power-of-attorney beneficiary change to a charitable trust, and does the deceased client's privilege bar disclosure?
The lawyer must fully disclose material facts needed to protect the trust, including the changed retirement-account designation and relevant estate-plan facts. Section 27-503 removes privilege on…
Can a lawyer serve as a contract prosecutor for a municipality whose policy forbids any dismissals or plea negotiations, eliminating prosecutorial discretion?
No. A municipal policy of no dismissals and no negotiations is inconsistent with Rule 3.8(a), which requires a prosecutor to refrain from prosecuting charges not supported by probable cause;…
May a Vermont lawyer for a corporation's former owner represent its purchaser and also hold pledged stock in escrow?
The opinion permits the later representation where the former and new shareholders give informed consent confirmed in writing. It also permits the stock escrow role if both parties give informed…
Can a prosecutor offer a plea deal directly to a defendant who has no lawyer?
Yes. A prosecutor may convey a plea offer to a pro se defendant before a court date, regardless of who initiated contact, but may only present the offer, not recommend it, and must disclose the…
May a Nebraska lawyer pay an enrollment fee and a percentage of earned fees to a nonprofit bar lawyer-referral program?
Yes. Rule 7.2 permits the usual charges of a nonprofit lawyer-referral service, and the proposed program qualified because receipts would fund operations or public-service activities rather than bar…
Can a lawyer take cases through an attorney-matching service that pays part of the fee but forbids the lawyer from telling the client what the service paid?
No. Rule 1.8(f) bars the arrangement, because the service's contract prohibits the lawyer from disclosing what it paid, so the lawyer cannot obtain the client's informed consent to the third-party…
May a Vermont state investigator who is a lawyer testify and also advocate at the same administrative hearing?
The opinion says Rule 3.7 bars the dual role when the investigator is a necessary witness on a contested issue, unless a stated exception applies. It treats the administrative hearing as a trial for…
Could a sitting South Dakota legislator campaign for judicial office while remaining in the legislature?
Yes. The Committee said the constitutional bar on serving simultaneously as judge and legislator did not prevent a legislator from running for judicial office, but a successful candidate could not…
Can an Illinois lawyer take a security retainer by credit card, and charge the client a service fee for using a card?
Yes to both, with conditions. A security retainer paid by card must go directly into the trust account, not the business account, and any credit-card service fee must be reasonable and disclosed in…
Can a lawyer advertise by sending commercial posts via email to members of internet message boards?
Yes. The opinion concludes that a lawyer may advertise through commercial email posts to members of internet message boards if the ad is not false or misleading, complies with the Rules, and carries…
Can a Montana lawyer agree to indemnify the defendant's insurer against Medicare and other liens in a settlement?
No. The committee concluded a lawyer should not personally agree to hold harmless and indemnify the releasee from any lien claims; holding disputed funds in trust is the permissible alternative.
Can a New York lawyer appear before a judge when the lawyer's part-time secretary also works for a related judge on the same court?
Yes. A lawyer's familial tie to one judge and a secretary shared with that judge do not bar the lawyer from appearing before a different judge of the same court, so long as the lawyer protects…
May a Connecticut settlement bind counsel to a non-disparagement clause concerning the opposing party?
Yes, if the clause does not restrict future representation or use of information for other clients. Rule 5.6(2) bars a term that limits the lawyer's ability to represent those clients.
When does Connecticut Rule 1.12(a) bar a former judge from representing a client in a matter related to a proceeding handled as a judge?
The same-matter inquiry is fact-specific and considers the parties, operative facts, and legal issues. If it is the same matter, the former judge needs every party's informed consent confirmed in writing.
May a Vermont judge serve on the board of a prison advocacy nonprofit?
Vermont Judicial Ethics Opinion 2728-15 permits the judge's service on the described nonprofit board if judicial duties and impartiality are protected, the judge avoids prohibited personal…
May a Maryland Orphans’ Court judge produce other candidates’ political ads and use affiliated media for the judge’s reelection campaign?
The Committee permitted both activities under the conditions it described: outside work could not interfere with judicial duties or exploit the office, and the judge’s own ads had to meet the…
A police department's internal investigator wants me to answer questions about my former client, a police officer, and is threatening to draw adverse inferences and call me as a witness if I refuse. Do I have to talk to the investigator?
No. The panel held Rule 1.6 prohibits the inquiring attorney from disclosing information relating to the representation of the police officer to the department's investigator absent the client's…
My deceased client's daughter is challenging a trust amendment I drafted that left the house to someone else instead of her, and now her lawyer and the successor trustee (her) are contacting me. What are my obligations if I'm deposed or called at trial?
The panel held the attorney must assert both the Rule 1.6 duty of confidentiality and the attorney-client privilege if contacted by successor counsel or the trustee, or if called as a witness, and…
Can a lawyer who served as a child's guardian ad litem later represent another interest, such as adoptive parents, in a matter involving that child?
Formal Ethics Opinion 2013-F-157 concludes that a lawyer who served as a child's guardian ad litem may later represent another interest, such as adoptive parents in an adoption, only if that…
May a Maryland judge write an introduction to a nonprofit bar’s law-related practice manual?
Yes. The Committee permitted the proposed unpaid introduction, based on its law-related subject, modest content, nonprofit publication, and lack of author royalties, while cautioning against…
Can a lawyer whose firm represents a school district also work as a paid coach for that district's sports team?
Yes, unless a reasonable lawyer would conclude there is a significant risk that the coaching interest would adversely affect the lawyer's professional judgment for the district under Rule 1.7(a)(2).…
Can a New Mexico lawyer charge a contingent fee on an auto-accident property damage claim and charge interest on costs advanced?
Yes to both, within limits. A contingent fee on a property damage claim is permitted if written, reasonable under Rule 16-105(A), and clearly communicated; interest on advanced costs is allowed if…
Can a former prosecutor oversee defendants in DWI or drug court after helping refer their cases if they sign waivers?
The judge was automatically disqualified from overseeing participants the judge had helped refer, but the committee allowed individualized waivers under Rule 21-211(C) for that limited DWI or drug…
Must a judge recuse from a juvenile case involving a colleague magistrate’s stepdaughter when all parties waive a conflict?
West Virginia JIC Opinion 2013-17 says the judge need not disqualify on the stated facts.
May a mental hygiene commissioner serve as counsel or guardian ad litem in guardianship cases?
West Virginia JIC Opinion 2013-16 permits the work if the commissioner has not fact-found in guardianship matters, is appointed only for involuntary hospitalization, and recuses when a conflict develops.
May a magistrate volunteer as a tutor in a nonprofit youth empowerment program?
West Virginia JIC Opinion 2013-15 permits the volunteer work if the magistrate complies with former Canon 4C(3) and obtains the circuit chief judge’s prior approval.
I'm on the city council, and an acquaintance wants me to represent his two sons on charges the city police brought against them. Can I take the case even though the city council appoints the solicitor who normally prosecutes these matters?
Yes, with conditions. The panel held a concurrent conflict exists under Rule 1.7(a)(2) because the representation could be materially limited by the attorney's responsibilities as a council member,…
Must a lawyer disclose a 'gross-up' of the purchase price in a residential real estate contract that includes a seller's concession?
Only when the price has in fact been grossed up in connection with the concession. Disclosure is not required, and would be inaccurate, when the seller actually bears an economic cost equal to the…
Can a lawyer partner with or be employed by a nonlawyer's 'Disability Office' to handle Social Security, Medicaid, and guardianship matters, and split fees with the nonlawyer?
No. The lawyer may not be employed by or partner with the nonlawyer entity to provide legal services, nor share legal fees with the nonlawyer (Rules 5.4(a), (b), (d)). The lawyer may pay the…
Can a New York lawyer who represents lenders in foreclosure pass leads on those properties to a real estate company the lawyer plans to join?
Not without the lender client's informed consent. Information the lawyer learns about foreclosure properties is confidential, and a personal stake in the buyer creates a conflict under Rule 1.7; the…
Can a New York lawyer represent one regular client lending money to another regular client, take an advance waiver to sue the borrower later, and accept stock in the lender as a fee?
Yes, if the conflict consents satisfy Rule 1.7(b), the borrower's confidential collateral information is disclosed only with that client's consent, and a stock fee meets the Rule 1.8(a)…
May a Maryland judge serve as trustee of a New Jersey nonprofit that promotes court access?
Yes. The Committee permitted the trusteeship because the organization concerned access to justice, was not expected to appear in Maryland proceedings before the judge, and required no personal…
May a judge sell pottery at a law school alumni art exhibition when each buyer also donates to the school?
Yes, on the stated terms. The committee permitted the judge to display and sell pottery, accept reasonable compensation, and support the school fundraiser; it urged steps to avoid learning buyers'…
Can a Texas lawyer who retired from a part-time municipal court judgeship put 'Retired Judge' on letterhead and business cards?
Per the Committee, yes, but only if the lawyer actually retired (rather than merely left) in the ordinary sense of the word and the designation is not likely to mislead recipients about the lawyer's…
If a federal government or military attorney has been or expects to be furloughed, can the attorney still defend their agency against other employees' furlough complaints, or is that a conflict of interest?
It is a conflict, but a waivable one. The opinion concludes the attorney's personal interest creates a conflict under Rule 1.7; it may be waived only if the attorney reasonably believes the…
May a judge lease a former law office to an organization that runs parenting classes used in the judge's cases?
The committee found the proposed lease compatible with the Code on the stated infrequent-witness and indirect-relationship facts. When a program provider appeared as a witness, it called for…
May a magistrate hear cases involving the district attorney's office if the judge's spouse works there as a victim advocate?
The committee permitted the judge to hear such cases only when the spouse had not worked on them in any capacity. It called for on-record disclosure of the spouse's employment and party…
May probation officers send post-sentencing probation orders to a judge without counsel first reviewing them?
The committee said these submissions appear to be ex parte communications. Even if the administrative exception applies, the judge must provide prompt notice and an opportunity to respond; the…
Can a lawyer take a cut of a non-legal company's fees for reviewing forms the company prepares for its customers?
The opinion does not flatly forbid it but concludes the arrangement implicates as many as 21 rules and the proposed percentage-of-fee structure raises substantial concerns: it has the indicia of…
Can a New York firm call a lawyer "of counsel" if that lawyer lives and practices mainly in a foreign country?
Yes, the opinion concludes, provided the lawyer has a close, regular, and personal "continuing relationship" with the firm under Rule 7.5(a)(4), the title is not otherwise false or misleading, and…
Can a law school clinic that once represented a nonprofit later help a rival nonprofit with the same goals apply for tax-exempt status?
Yes, without the former client's consent. The tax-exemption application is not substantially related to the prior work, would not use the former client's confidential information, and the two…
Can a lawyer mail a cover letter and an informational brochure to accountants and bankers hoping they will refer clients to the lawyer?
Yes, if the advertising rules are met. The mailing is permitted as advertising, but the lawyer may not have the accountants or bankers solicit clients on the lawyer's behalf, and may not give them…
Can an insurer's non-attorney claims staff review insurance staff counsel's files, which contain the insured client's confidential information?
No, not without the insured's informed consent. The claims-department staff are not part of staff counsel's law firm and are not supervised by counsel, so under Rule 1.6 the confidential information…
Can a New York lawyer who represents a mentally incapacitated client also represent the client's sister in a guardianship petition when the sister's plan conflicts with the client's stated wishes?
No. The opinion concludes it is a conflict of interest, and because the incapacitated client cannot give informed consent, it is non-consentable; the lawyer may suggest the sister petition and point…
May a judge hear cases brought by a police department employing the judge’s son?
The Committee disqualified the judge from all cases brought by the department employing his son and said disclosure and waiver could not remit the disqualification.
What do the Rules of Professional Conduct require of North Carolina staff lawyers at a nonprofit public interest law firm run by a nonlawyer executive director?
Staff lawyers at a 501(c)(3) public interest law firm are fully bound by the Rules of Professional Conduct. The arrangement is allowed under N.C. Gen. Stat. 84-5.1 so long as no nonlawyer controls…
Can a North Carolina lawyer participate in a for-profit online group advertising service that gives each lawyer exclusive rights to a zip code?
Yes, provided each website fully, accurately, and prominently discloses that it is paid group advertising, not a law firm, and not a referral service; that it does not recommend or vouch for any…
Can a North Carolina lawyer copy the opposing party on an email to opposing counsel, and does copying one's own client imply consent to a 'reply all'?
No to the cc without the other lawyer's consent: copying a represented party on an email to their lawyer is a communication prohibited by Rule 4.2(a). And the fact that opposing counsel copied her…
Can a plaintiff's lawyer agree to personally indemnify the opposing party against third-party claims to the settlement funds, and can a defense lawyer demand it?
No to both. A lawyer may not agree to personally indemnify the opposing party against third-party claims (Rule 1.8(e)), and a lawyer may not demand that opposing counsel make such an agreement (Rule…
Can a North Dakota lawyer use an outside collection agency to collect unpaid client fees, and how should the lawyer pay the agency and protect client confidences?
Yes, with two limits. The committee concluded a lawyer may use an outside collection agency or third-party recovery service for unpaid accounts receivable, but the payment to the agency may not be a…
What must a Maryland judge do on discovering a dormant pre-bench appointment as substitute foreclosure trustee?
The Committee said the judge should promptly resign as substitute trustee when an unresolved appointment comes to light, even more than a year after taking the bench. It distinguished dormant…
Under Michigan's amended Code, can a judge serve on the board of, or raise funds for, a nonprofit that supports the judge's problem-solving court?
A judge may sit on an honorary committee, join a general appeal, and let the judge's name be used in event advertising, but may not be an officer or director of an organization likely to appear…
Can a lawyer sell legal services through a daily-deal or group-coupon site like Groupon?
Coupon-style deals can be structured to comply, but prepaid deals are harder. The opinion concludes the marketer's retained percentage is an advertising cost (not fee sharing) if reasonable, and…
Can a Colorado lawyer pay or accept referral fees, pay a lawyer referral service, or join a networking group that sends the lawyer clients?
The opinion concludes that a Colorado lawyer may neither pay nor accept a referral fee (Rule 1.5(e)) and may not give anything of value for recommending the lawyer's services (Rule 7.2(b)), but may…
Can a North Carolina prosecutor offer a post-conviction agreement that trades the prosecutor's non-opposition to a motion to vacate for the prisoner's waiver of civil claims?
Yes, but with care. There is no per se ethical bar, because that would deny a defendant the option to offer a civil-claims waiver to win the prosecutor's support for vacating a conviction. But the…
Can a public defender cross-examine a former client who is now a prosecution witness in an unrelated case?
The opinion concluded that a lawyer is not automatically barred from representing a client when an adverse witness is a former client in an unrelated matter, but cross-examining the former client…
Must a judge recuse from cases handled by colleagues at the new firm of a lawyer who previously represented the judge?
No, on the stated facts. The committee found the former lawyer's later association with the firm too remote to require recusal from cases handled by other firm lawyers; it did not address cases…
Can a New York lawyer who used to be a judge's law clerk appear, or help others appear, before that same judge after leaving the clerkship?
Yes, on new matters. Rule 1.12(b)(2) only bars appearing in a matter in which the lawyer participated personally and substantially as a clerk, absent all parties' informed consent confirmed in writing.
Does a New York lawyer violate Rule 3.2 by refusing to give adverse counsel copies of pleadings that are already in the public court file?
No. The opinion concludes that declining to share documents available from the court is not 'causing' needless expense under Rule 3.2, because a mere refusal to cooperate is not an affirmative step;…
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.