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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Can a New York lawyer donate legal services to be auctioned at a charity fundraiser?
Yes. The opinion overrules N.Y. State 524 and permits donating legal services for a charity auction, subject to conditions: the lawyer must be competent for the offered service, disclose limits…
Does a government lawyer have a nonwaivable conflict of interest when advising the agency on a furlough or pay cut that also reduces the lawyer's own pay?
Generally no. The Committee concludes an economic interest shared by a whole class of government lawyers, like a furlough hitting all agency employees, does not disqualify them from advising or…
Must a lawyer give a deceased client's file to the executor of the estate who requests it?
It depends on the executor's legal rights. If the executor is legally entitled to the same access the decedent had, the lawyer should ordinarily provide the whole file. If not, the file's…
How may a New Hampshire lawyer investigate an opposing witness through Facebook or Twitter without violating the ethics rules?
A lawyer may view a witness's public social media, but to reach restricted content the lawyer (or an agent) must truthfully identify the lawyer and the lawyer's role in the matter; a name-only or…
May a Connecticut lawyer use a pay-per-call advertising service that records and stores prospective-client calls?
Only with reasonable confidentiality safeguards. The contract must deny the vendor access, and no third party may review a recording without the client's informed consent.
May a Connecticut lawyer use public cloud services to store, transmit, or process client information?
Yes. The lawyer must investigate the service and make reasonable efforts to preserve confidentiality, access, backup, data ownership, and vendor conduct compatible with professional duties.
When a former client claims ineffective assistance of counsel, may the defense lawyer voluntarily give the prosecutor confidential information before a court orders disclosure?
Formal Ethics Opinion 2013-F-156 concludes that the self-defense exception to confidentiality (RPC 1.6(b)(5)) permits, but does not require, a defense lawyer accused of ineffective assistance to…
Can a lawyer ask the client to indemnify the lawyer against claims by a non-client who receives the lawyer's opinion letter?
Yes. The opinion concludes Rule 1.8(h)'s bar on prospectively limiting malpractice liability protects only the client, so a lawyer may ask the client to indemnify against malpractice or other claims…
Can a government lawyer challenge his own furlough and also defend the agency against other employees' furlough appeals?
The lawyer may file his own furlough appeal if it does not impermissibly affect representing the agency, but if he files it he generally cannot also defend the agency against similar appeals. If he…
What did the Commission say a judge should do when subpoenaed as a character witness by an attorney facing charges before that judge?
West Virginia JIC Opinion 2013-06 directs the judge to move promptly to quash the subpoena and disqualify from the attorney’s state criminal case on the stated facts.
Can a former judge in Ohio keep using the title 'Judge' or 'Honorable' after leaving the bench?
The opinion concluded that former judges generally may not use a judicial title while practicing law, providing law-related or other business services, working in government, or doing charity or…
Is a lawyer's blog that doesn't discuss law an attorney advertisement subject to the advertising retention rules?
No. The opinion concludes a blog whose primary purpose is not the retention of the lawyer, and which does not discuss legal topics or solicit clients, is not an 'advertisement' under Rule 1.0(a), so…
May a Maryland circuit judge vote to appoint an interim State’s Attorney when a family member works in that office?
The Committee said the judge should abstain because the appointee would control a household member’s employment and income. Prior service in the prosecutor’s office alone would not require abstention.
What must a lawyer do after a case ends if they learn that material evidence they or their client offered was false?
The opinion concludes that under New York Rule 3.3(a)(3) the lawyer must take reasonable remedial measures, and unlike the ABA rule the duty survives the end of the proceeding. The lawyer must first…
Which courthouse self-help activities does Virginia Rule 6.5 treat as short-term limited legal services?
It depends on what the volunteer does. Handing out forms, sample pleadings, and general legal information is not 'short-term limited legal services' under Rule 6.5; helping a litigant complete a…
Do the ethics rules make a lawyer a 'gatekeeper' who must report a client suspected of money laundering?
No. The opinion concludes the Model Rules neither require nor permit a lawyer to act as a mandatory-reporting gatekeeper, but it is prudent for lawyers to perform risk-based client due diligence to…
Can a lawyer who works as a town court clerk represent a private client who has a matter pending in the clerk's own court?
Yes, subject to limits. No ethics rule categorically bars it. If the clerk has no role or only ministerial duties in the client's matter before the clerk's court, the clerk may represent the client…
How long does a Kentucky lawyer have to keep a closed client file, and when can it be destroyed?
The rules set no fixed period, but the opinion advises keeping a closed paper or electronic file at least five years, longer where the matter involves a minor, taxes, or other special circumstances,…
Can parties waive a judge’s disqualification from an appeal in a matter the judge previously heard as a family judge?
West Virginia JIC Opinion 2013-05 concludes that party waiver cannot overcome disqualification from an appeal involving a matter over which the judge previously presided as a family court judge.
May a furloughed federal government lawyer advise the agency about employee furloughs after the agency gives advance consent?
Yes if Rule 1.7(b)'s conditions are met. The lawyer must reasonably believe competent and diligent representation remains possible, and a personal challenge requires renewed disclosure and written consent.
Must a Connecticut lawyer report a suspected conflict or possible future court misrepresentation by another lawyer?
No on the stated facts. Rule 8.3(a) requires actual knowledge that a violation has occurred and that it raises a substantial question about the lawyer's honesty, trustworthiness, or fitness.
May a Connecticut lawyer take a referral fee after declining to represent a caller whose claim is against the lawyer's former client?
No. Because the lawyer declined the caller's representation, no lawyer-client relationship arose, and Rule 1.5(e) did not permit the lawyer to receive part of the caller's fee.
Must a judge recuse from sheriff’s narcotics cases when the judge’s court attendant is married to an investigator?
The Commission rejects blanket recusal from every sheriff’s narcotics case, but requires it whenever the attendant’s spouse participated in the investigation or litigation. Lead-investigator or…
Can a Michigan lawyer who is a former judge advertise that prior judicial service in print and video ads for the law firm?
The opinion concluded a lawyer who is a former judge may make a truthful statement referring to a past judicial position, including the years it was held, in communications subject to MRPC 7.1;…
Can a lawyer who is running against a sitting judge keep representing clients in cases before that same judge?
The opinion concludes there is no per se bar. The lawyer-candidate may continue the representation but must disclose the candidacy to the client at the earliest opportunity under MRPC 1.4(b) and…
May a judge participate in a commercial reality television series filmed in the judge’s courtroom?
The Committee concluded that the proposed profit-driven television series was inconsistent with the administration of justice and the Arkansas Code of Judicial Conduct.
Can two Texas lawyers agree to send each other all of their cases in the other's practice area, even if no fees are split?
Per the Committee, no; a mutual promise to refer all cases in the other lawyer's field is each lawyer giving something of value to the other to solicit employment, which violates Rule 7.03(c) even…
Can a Texas lawyer appear as a 'friend of the court' for a minor in immigration court without becoming the minor's lawyer?
Per the Committee, a lawyer may appear as a 'reputable individual' friend of the court only if the regulatory conditions are truly met, or candor and dishonesty rules are violated; and if the lawyer…
Can a plaintiff's lawyer in West Virginia personally agree, as a condition of settlement, to indemnify and hold the defendant harmless from third-party claims or liens on the settlement funds, and can defense counsel demand it?
No. The Board concludes a lawyer's personal agreement to indemnify and hold the opposing party harmless from third-party claims or liens violates Rules 1.8(e) and 1.7(b), and defense counsel who…
When a North Carolina lawyer collects money from a client to pay a third-party expense like a court reporter, must the money go into the trust account?
Yes. Money a client gives a lawyer to pay a third party in connection with legal services is entrusted property and must be deposited in the trust account, regardless of who is contractually…
May a Connecticut lawyer seek Better Business Bureau accreditation that includes voluntary nonbinding mediation of complaints?
Yes. Agreeing to participate personally in voluntary nonbinding mediation does not bind the client or require acceptance of a result, and Rule 1.6(d) permits necessary self-defense disclosure in a…
Did a former law firm associate’s work as a part-time Assistant State’s Attorney disqualify an Illinois judge from all criminal cases?
No. The Committee required disqualification only when the former associate appeared or otherwise professionally participated in the case; the parties could remit that disqualification under former…
May a drug court cooperate with a newspaper series profiling two participating clients?
The Committee concluded that the proposed newspaper series did not violate the Arkansas Code of Judicial Conduct under the stated safeguards, including voluntary client participation and no…
Can a town attorney who advised the building inspector then represent the zoning board of appeals in a related Article 78 case?
Yes, ordinarily. The opinion holds the town attorney represents the Town as an entity, so advising the building inspector and later appearing for the zoning board are both service to one client, not…
May a judge hear a child-support contempt petition after representing DHR in related litigation as an assistant district attorney?
No. The Commission says the judge is disqualified from petitions arising from child-support litigation in which the judge represented DHR, including a matter where the judge merely signed a prior…
Can a Utah lawyer pay a non-lawyer for client referrals, run joint advertising with a chiropractor or insurer, or own a business expecting it to send clients to the lawyer?
The opinion concludes a lawyer may not give anything of value, directly or indirectly, for a referral (and reciprocal-referral agreements are barred in Utah); joint advertising with a non-lawyer is…
Can a government entity's lawyers send a litigation-hold e-mail asking employees to preserve documents to an employee who is the represented plaintiff in the suit against the entity?
The opinion concludes it violates Rule 4.2 for a government entity's attorney's office to send the litigation-hold e-mail to an adverse represented employee, because the e-mail concerns the subject…
Can an Ohio lawyer send text messages to solicit prospective clients?
The opinion concluded that Ohio lawyers may use text messages to solicit prospective clients, because a text is a written or electronic communication under Prof. Cond. R. 7.2(a). The message must…
Can a lawyer running a virtual practice list a commercial mailbox (mail drop) as the only address in advertising, or on business cards and letterhead, instead of a physical office address?
Not in advertising. Rule 7.1(h) requires every advertisement to show the street address of the lawyer's principal office, so a mail drop alone is not enough. Business cards and letterhead may use a…
Can an Ohio lawyer practice in more than one law firm at the same time?
The opinion concluded that a lawyer may practice in more than one firm at the same time if the practice otherwise complies with the Rules of Professional Conduct. A lawyer in simultaneous…
After a lawyer leaves a firm, what must the firm do with the closed files of that lawyer's former clients, and when can it destroy them?
Per the Committee, the Texas rules set no detailed file-retention schedule, but their underlying principles control: protect client confidences, return files to a client on request, and do not…
Can a Texas lawyer make a significant investment in a business that will compete with a former client whose confidential proprietary information the lawyer still holds?
Per the Committee, no, while the information remains relevant. Making a significant investment in a competitor uses the former client's confidential proprietary information to its disadvantage (Rule…
If a government lawyer is pursuing her own furlough complaint, can she also defend the agency against other employees' furlough complaints?
The opinion concludes that a government lawyer who is pursuing her own furlough complaint has an individual-interest conflict under Rule 1.7(b)(4) when asked to defend the agency against…
Is a judge automatically disqualified when a party is represented by the judge’s first or third cousin?
No. The Committee said first and third cousins fall outside the Code’s defined third degree of relationship, while other circumstances could still call the judge’s impartiality into question.
Can a Virginia lawyer run a virtual law office or use a rented executive office suite as a firm location?
Yes. A lawyer may use a virtual office or shared executive suite, but must protect confidentiality when using cloud and third-party vendors, supervise remote lawyers and staff, and not list a shared…
May Denver juvenile judges select and review lawyers eligible for appointment to indigent parents?
Yes. The Board held that selection and oversight are judicial administrative duties when carried out impartially, on merit and without favoritism under Rule 2.13.
May a Colorado judge serve on the board of a crime-victim assistance organization?
Yes, assuming COVA and its representatives do not appear in matters before the judge and appearances by its advisees would not require disqualification. The Board left specific board activities for…
Must a legal services lawyer who reviewed a prospective client's file, but never appeared in the matter, report to the tribunal or to police that the person gave a false name and address and may have failed to register as a sex offender?
No. Because the lawyer never represented the person before the tribunal and never offered the false information as evidence, Rule 3.3 imposes no mandatory disclosure, and Rule 1.6(b)(2) is…
Can a lawyer arrange for a client to pay a fact witness's travel expenses, and the witness's own legal fees, to secure the witness's testimony?
Yes. Under Rule 3.4(b) a lawyer may arrange a client's payment of a witness's reasonable travel expenses and reasonable legal fees, as long as the payment is not prohibited by law and is not…
When a retiring lawyer sells a law practice, can the purchase price be structured as a percentage of fees the buyer earns after the sale?
Yes, within limits. Rule 1.17 lets a retiring lawyer take a share of post-sale fees as payment for goodwill if the amount and term fairly reflect the goodwill's value, but the lawyer may not be paid…
I'm suing a club on behalf of a member, and I found a list of other members in the same situation through discovery. Can I write to them for information about the club's practices without triggering the lawyer-advertising solicitation rules?
It depends on what the letter says. The panel held the inquiring attorney may send a letter to Golf Club members seeking information about the client's case without complying with Rule 7.3, but the…
When a third party pays the lawyer's fees for the client and unused funds remain in the trust account at the end of the case, who gets the refund?
Per California Formal Opinion 2013-187, absent a fee agreement specifying otherwise, the lawyer must return the surplus to the third-party payor, not the client, because the concept of 'refund'…
When must a Maryland judge connected to a hospice step aside from cases involving it or its affiliated hospital?
The Committee required recusal from hospice cases while the judge volunteered there or the spouse sat on its board. For hospital-only cases, the need for recusal depended on circumstances and public…
Is a new judge automatically disqualified from zoning cases involving a city that once employed the judge, retained the judge, and opposed the judge’s clients?
No. The Commission says those past relationships alone do not require recusal, but the judge must assess prior work on the same matter, personal knowledge or bias, and whether the circumstances…
Must a judge recuse when a bank represented in real-estate closings appears in an unrelated case within two years?
The Commission applies a general two-year measure, but recognizes unusual circumstances in which no reasonable impartiality question remains before that period ends.
After a homeowner consulted a lawyer about claims against the home's seller but never retained the lawyer, may the lawyer represent the contractor suing that homeowner for unpaid repair fees?
Possibly. Under Rule 1.18, the lawyer may take the contractor's case unless the lawyer received confidential information from the homeowner that would be significantly harmful in the fee dispute; if…
If the opposing party's lawyer has withdrawn or been disbarred, may the other lawyer contact the opposing party directly to find out whether they have new counsel?
Yes. When a lawyer knows the adverse party's counsel has withdrawn from the matter or resigned from the bar, the no-contact rule (4.2) no longer applies and Rule 4.3 permits contacting the party to…
Can a judge use Facebook and other social media, and can a judge be friends online with lawyers who appear before the judge?
A judge may use electronic social media but must comply with the Code of Judicial Conduct: avoid ex parte communications, avoid endorsing candidates, and evaluate any online connection with a lawyer…
May a New Hampshire lawyer store client data in the cloud, and what steps does that require?
Yes. The opinion adopts the multistate consensus that a lawyer may use cloud computing if the lawyer takes reasonable steps to keep sensitive client information confidential and secure, staying…
Can I pay my paralegal a bonus based partly on how many cases they help settle and how much in fees those cases generate?
No. The panel held that basing a nonlawyer claims adjuster/paralegal's quarterly bonus on the number of cases the employee assists in settling and on the attorney's fees generated by those cases is…
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.