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.
After a matter settles, can a New York lawyer keep the leftover retainer in escrow at the client's request as an advance for unspecified future work?
Yes. The opinion concludes the leftover balance becomes an advance payment retainer, which the parties may agree to treat as client funds held in escrow or as the lawyer's own funds, subject to…
May a county bar honor a retiring judge by raising money for Legal Aid of West Virginia?
West Virginia JIC Opinion 2013-13 permits the fundraising only if planning, solicitation, and collection occur after the judge retires and is no longer subject to the Code of Judicial Conduct.
Must a New York lawyer who has withdrawn and never appeared before the court disclose that a false statement he earlier gave opposing counsel may be used as evidence?
No. The opinion concludes a lawyer who has not appeared before the tribunal has no duty and no right under Rules 1.6 or 3.3 to disclose confidential information to correct a prior false statement…
Can a New York real estate lawyer accept a referral fee from a home security company for clients who sign up using a code on flyers in the lawyer's office?
Yes. The opinion concludes that nothing bars a lawyer from being paid for providing passive space for a third party's flyers when the lawyer does not recommend the service and it is unrelated to the…
Is a judge disqualified when an attorney’s parent managed a department where the judge worked 15 years earlier?
No. The Commission says the remote professional association, without a personal or ongoing relationship, does not reasonably call the judge’s impartiality into question.
Can Texas lawyers from two separate Texas firms run an out-of-state joint venture under a name that combines their two Texas firm names?
Per the Committee, generally no; even though the name might be allowed in the other state, the Texas rules against misleading combined firm names follow Texas lawyers, and Texas has the more…
After a firm loses a pitch (beauty contest), can it represent the other side in the same matter?
The opinion concludes that under Rule 1.18 a firm owes a prospective client duties even when no representation follows: it cannot use or reveal confidential information learned in the consultation,…
Can a criminal defense lawyer counsel a client to accept a plea agreement that waives the lawyer's own future ineffective assistance of counsel at sentencing or in postconviction proceedings?
The Committee concludes it violates Rule 1.7 for a defense lawyer to counsel a client to enter a plea agreement waiving the lawyer's prospective ineffective assistance at sentencing or other…
May a judge receive pay for training an adjoining county's teen court program on a weekday afternoon?
The committee found the proposed paid teen court work consistent with Rules 21-301(A) and 21-312(B) if the judge could still perform all required court duties under the rearranged schedule. It left…
Can a lawyer sign an ERISA health plan's subrogation agreement and personally guarantee that the client will repay the plan out of a personal injury recovery?
No. The Committee concludes a lawyer may not personally guarantee a client's repayment to an ERISA plan, because a personal guarantee is improper financial assistance to a client under RPC 1.8(e). A…
May a Maryland family law master serve on the state’s Commission on Child Custody Decision Making?
Yes, subject to the qualifications in the Committee’s companion Opinion 2013-15. The Committee applied its analysis of judicial service on the same commission because the judicial-appointee and…
May a Maryland judge serve on the state’s Commission on Child Custody Decision Making?
Yes, if the judge’s participation remains limited to work concerning law, the legal system, or the administration of justice, excludes executive and legislative functions, and does not compromise…
Some nonlawyers want to start a consulting firm and have me run its 'legal department,' splitting my fees with the firm and letting it cover my overhead and advertising. Is there any way to structure this so it's ethical?
No. The panel held the proposed arrangement violates Rule 5.4 (fee-sharing with nonlawyers, partnering with nonlawyers to practice law, and practicing law in a firm in which nonlawyers hold an…
A client with diminished capacity wants to appeal but refuses to sign the Notice of Appeal the statute requires, so the appeal will be dismissed. What should the lawyer do?
The opinion concludes that under Rule 1.14, if the lawyer believes the client is at risk of substantial harm and cannot adequately act in her own interest, the lawyer should take reasonable…
Can a Utah lawyer take part in an on-site program that finances client retainers through a third-party lender?
Not without curing the conflict. Participating in an on-site retainer-financing program creates a personal-interest conflict under Rules 1.7(a) and 1.8(a), but the lawyer may proceed by obtaining…
May a magistrate act as judge in a school district truancy program using the courtroom or judicial robe?
The committee rejected use of the courtroom and robe for the school program and found a coercion concern even offsite without the robe. It identified advisory work and general educational talks as…
Can a New York lawyer reveal a former client's confidential financial information in the client's bankruptcy to collect an unpaid fee, and what duty applies if the client misled an earlier court?
The opinion concludes the lawyer may disclose confidences in the bankruptcy only to the extent reasonably necessary to collect the fee, and that if the client gave false material evidence to a…
What must a judge disclose in agency cases when the judge’s spouse is suing that agency?
West Virginia JIC Opinion 2013-12 directs the judge to disclose the spouse’s lawsuit in every WVDHHR case and follow Trial Court Rule 17.01 if a party objects; it gives separate procedural options…
May a new judge keep an interest in a real estate company and lease or sell an office building to a former firm?
West Virginia JIC Opinion 2013-11 permits the judge to keep the 25% company interest until the property sells, requires divestment if the business expands, and permits a lease or owner-financed sale…
May a magistrate’s spouse work as a bail bondsman before other judicial officers?
West Virginia JIC Opinion 2013-10 finds it improper for the magistrate’s spouse to work as a bail bondsman while the requester serves as a magistrate, even if the spouse avoids the requester’s court.
May a Maryland judge give unpaid legal commentary on out-of-state cases for a for-profit national talk show?
No. The Committee found the proposed television or radio appearance would lend judicial prestige to the commercial program and could raise impartiality concerns even when the cases arose outside Maryland.
Can a Florida lawyer let multiple title insurers audit a single real estate trust account without the clients' consent?
Not where the account holds funds for clients unrelated to the auditing insurer, unless the affected clients give informed consent or the lawyer reasonably concludes the audit is necessary to serve…
Can a lawyer split a fee with a firm in a jurisdiction that allows fee sharing with nonlawyers?
Yes. The opinion concludes that a lawyer subject to the Model Rules may divide a fee through a single client billing with a lawyer or firm in a jurisdiction that permits nonlawyer fee sharing, even…
May a Maryland judicial appointee lend money to a friend and collect interest?
Yes, if the friend is not likely to appear before the appointing court, the loan does not cause frequent disqualification or interfere with official duties, the interest rate is reasonable, and…
May a Maryland juvenile court judge serve on a task force studying juvenile court jurisdiction?
Yes, if the judge’s work stays within matters concerning law or court administration, avoids executive and legislative functions, and does not compromise judicial independence.
Can a group of New York lawyer-mediators who are not a firm run joint ads and a shared website and phone line without it being a prohibited paid referral arrangement?
Yes. The opinion concludes that joint advertising listing each member's name, experience, and biography, where callers choose their own mediator rather than being assigned one, is permitted group…
When a New York lawyer is general counsel to a closely held corporation, must the lawyer raise an issue that helps the company but hurts some directors personally, and whom does the lawyer represent?
The opinion concludes the lawyer represents the entity, not the directors or shareholders, and must raise an issue needed for the company's informed decision while explaining to the affected…
Can a New York lawyer in a trademark cancellation case share a client's online petition and post a survey on social media without violating the trial-publicity rule?
Yes, unless the lawyer knows or reasonably should know the statements have a substantial likelihood of materially prejudicing the proceeding; the opinion finds prejudice unlikely before a nonjury…
Can a Texas lawyer make a client waive civil barratry remedies, settle a barratry claim with an unrepresented client, and must the lawyer report a barratry suit against themselves?
Per the Committee, a lawyer cannot use a client waiver to escape the disciplinary rules against barratry, and including such a waiver without explaining it may be ineffective can be a…
Can a court-appointed criminal defense lawyer in Texas be paid a county fee schedule that pays more if the case goes to trial than if it ends earlier?
Per the Committee, yes; a county fee schedule that pays a fixed amount keyed to how far the case progresses is not a prohibited criminal contingent fee, as long as payment does not depend on the…
Can a Texas lawyer charge to review a pro se litigant's divorce self-help forms while requiring the litigant to sign that no lawyer-client relationship exists?
Per the Committee, no; advising a pro se litigant about their forms for a fee is the practice of law, so a signed disclaimer cannot erase the lawyer-client relationship and demanding one may itself…
May a judicial officer serve on a volunteer fire board and use a ticket earned by a spouse’s volunteer work?
West Virginia JIC Opinion 2013-09 permits fire-board service within former Canon 4C(3) and use of the spouse’s extra volunteer ticket if it could not reasonably be seen as intended to influence…
Must a judge recuse or disclose when a lawyer who once served as co-counsel and supported the campaign appears?
West Virginia JIC Opinion 2013-08 permits the judge to hear the lawyer’s other cases without disclosing their limited past relationship, except for matters in which they served together as co-counsel.
May a drug court judge who is also a mental hygiene commissioner chair a day report center board?
West Virginia JIC Opinion 2013-07 bars the proposed board service because day report officers regularly participate in court proceedings and take adverse positions in violation hearings.
Can a New York law firm enter an exclusive deal with a marketing company that does forensic mortgage analysis, pay it for referred clients, and tie its fee to the firm's legal fee?
No. The opinion concludes the arrangement is an impermissible cooperative business arrangement under Rule 5.8 because the company is not a listed profession, and the firm may not pay the company for…
Can a furloughed government lawyer keep defending the agency against other employees' furlough appeals while also challenging his own furlough?
No, not on furlough matters if he intends to challenge his own furlough; that personal-interest conflict cannot be waived. He may handle unrelated agency work with the agency's informed consent, and…
Is a county public defender's office a single firm for conflict imputation when its assistant public defenders work independently from separate private offices?
Yes. The opinion concludes a statutory public defender office is one firm under Rule 1.10(a), so one assistant's Rule 1.7, 1.8, or 1.9 conflict is imputed to the others, including part-timers acting…
If a real estate lawyer also acts as a paid title insurance agent in the same deal, is the legal fee automatically excessive where the two roles overlap?
No. The opinion modifies N.Y. State 576 and holds that overlap between the work done for the client and for the title abstract company does not automatically make the legal fee excessive;…
Can a nonlawyer tax representative pay a lawyer a percentage of the nonlawyer's contingent fee to handle a North Carolina property-tax appeal?
No. Because the Property Tax Commission appeal requires a licensed lawyer, the fee may only be earned by a lawyer, and paying the lawyer out of the nonlawyer's contingent share (whether by…
Can a North Carolina prosecutor seek an order for arrest for a defendant's failure to appear when the prosecutor knows the defendant did not appear because he is in ICE custody?
Yes. Rule 3.8 bars prosecuting a charge not supported by probable cause and emphasizes the duty to seek justice, but a failure to appear need not be willful. Where the legal requirements for an…
After serving as the substitute trustee in a foreclosure and receiving confidential information from the unrepresented borrower, may a North Carolina lawyer later represent the lender in related litigation?
Usually a lawyer who served as a foreclosure trustee may resign and represent the lender. But where the lawyer stayed on as trustee after the foreclosure became contested and let an unrepresented,…
In a closing for a bank-owned foreclosed property, may the seller's lawyer also represent the buyer, and if the buyer declines, may the firm represent only the seller and still charge the buyer?
The lawyer may jointly represent buyer and seller only if Rule 1.7 is satisfied, including informed consent confirmed in writing and disclosure of the firm's ongoing relationship with the seller. If…
When a firm lawyer is disbarred (or suspended, disappears, or dies), what duty do the remaining lawyers have to safekeep and return that lawyer's client files?
The remaining lawyers are responsible for safekeeping and properly disposing of both the active and closed client files of the departed lawyer in their custody, and may not turn closed files over to…
Can a North Carolina law firm send a nonlawyer field representative to a prospective client's home to explain the firm and obtain a signed representation contract?
Not unless a firm lawyer has first reviewed the prospective client's relevant facts and circumstances and determined that an offer of legal services is appropriate. Once a lawyer makes that initial…
May a judge appoint a former law partner as counsel or guardian ad litem?
The Commission permits an appointment only when merit, impartiality, and disqualification requirements are met. A judge should not appoint the former partner if financial ties would cause more than…
When must a new judge recuse from cases involving the judge's former representation, law partner, or probate work?
The Commission requires recusal from a matter in which the judge or a former partner served as counsel while they practiced together. An uncontested probate case or party consent does not cure those…
May a judge receive a share of legal fees for work done before taking office when the former firm is paid afterward?
Yes, under a pre-bench fee agreement and only for work the judge performed before taking office. For contingent fees, the share must reasonably reflect that work and exclude later work by successor…
May a new judge advise former clients, direct them to a former partner, or finish a title-insurance policy?
The Commission bars post-bench legal counseling and help finalizing a title-insurance policy. It permits necessary discussion with former clients only if the judge avoids practicing law, and bars…
Can different lawyers in the same circuit public defender office represent co-defendants when one lawyer would have a conflict of interest?
The Court held that a circuit public defender office is a 'firm' under Rule 1.10(a), so one defender's impermissible conflict is imputed to that office. It said multiple representation may remain…
Does a Colorado judge's PERA pension interest require recusal from litigation involving a bank in which PERA invests?
No. The Board found no actual bias, only a de minimis pension interest and no disqualifying economic interest. The prior recusal of another judge did not bind the requester, and the rule of…
Can a lawyer pay client court costs and fines with a rewards credit card and keep the points, and must the lawyer disclose this to the client?
Yes, with conditions. The committee concluded that using a rewards credit card to pay client court costs or fines and keeping the points is ethically allowable if done consistently with Rule 1.7;…
Can a Texas firm keep a lawyer's name in the firm name when that lawyer takes an out-of-state job that bars private practice, and can the lawyer stay a member?
Per the Committee, no, the firm may not keep the name of a lawyer barred from practicing with it, because that would mislead the public; but the lawyer may remain a member and keep a financial…
Can the general counsel of an entity jointly owned by two cities be an employee of one of those cities, which pays and can fire the lawyer?
Per the Committee, yes; being paid and employable-at-will by one city does not by itself create an impermissible conflict, as long as the entity consents, the lawyer's independent judgment and the…
Does a Texas lawyer have to report another lawyer to the bar for using a prohibited city-based trade name like 'CityX Law Group'?
Per the Committee, no; using a prohibited city-based trade name violates Rule 7.01 but, standing alone, is not serious enough to raise a substantial question about the other lawyer's honesty,…
Can a Texas district attorney publish on the office website the names of people charged with DWI over a holiday to deter drunk driving?
Per the Committee, yes; publishing the names of all those charged with DWI during a holiday period does not by itself violate the rules, provided the charges rest on probable cause, the purpose is…
Can a Texas lawyer sign letterhead demand letters for a credit-repair company's customers the lawyer has never represented or even spoken with?
Per the Committee, no; providing signed letterhead letters that state or imply the lawyer represents the company's customers, when the lawyer does not, makes false and misleading statements to the…
May a judge sign a support letter for a legal aid organization's grant application using the judicial title?
On the stated facts, the committee permitted the judge's support letter for legal aid funding. It found that supporting the organization did not itself create a reasonable question about…
May a judge's photo and biography appear on a charity board's website that also accepts donations?
The committee found that the judge's incidental photo and biography on this charity's website did not conflict with the Code, provided the page did not appear to make the judge a personal fundraiser.
Can an appellate lawyer in a legal aid office argue that the defendant got ineffective assistance from a trial lawyer in the same office?
Only with a valid client waiver. Trial counsel's own conflict in attacking his work is essentially nonconsentable, but a colleague's imputed conflict is judged from the colleague's position, so the…
Can a New York lawyer or law firm list practice areas under a 'Specialties' heading on a social media profile like LinkedIn?
Not under that heading. The opinion holds that listing services under a 'Specialties' label claims the lawyer or firm specializes, which Rule 7.4(a) forbids unless the individual lawyer is certified…
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.