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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One of the lawyers who shares my letterhead is a part-time assistant town solicitor who prosecutes for the town. Can I still defend a client charged by that town's police if that lawyer is screened off?
The panel concluded the inquiring attorney is not precluded from representing the client. Because the lawyers shared letterhead, address, and email domain, they were a firm under Rule 1.0(c), so the…
My firm wants to distribute a publication advertising our services that also carries ads for our non-lawyer business partners (financial planners, realtors, in-home care, and the like). Does including those partner ads violate the advertising rules?
No. The panel held that including non-lawyer business-partner advertisements in the firm's publication does not violate Rules 7.1 through 7.5, because the partner ads contained no false or…
May a Maryland judge help a bar section analyze White House executive orders for members advising clients?
Maryland Judicial Ethics Opinion 2025-05 says current and recalled judges serving on the bar association's committees may neither participate in nor attend the described meetings to analyze…
May an Alabama retired-active judge use a former judicial title on a law firm's letterhead?
Alabama JIC Opinion 25-966 says a retired-active judge may not use 'Judge,' even with 'Retired,' in firm letterhead or advertising. The judge may instead state prior judicial service as factual…
Does a judge's small stock interest in a public company require recusal from its case?
Alabama JIC Opinion 25-965 says a de minimis stock holding does not itself require recusal, but recusal is required if the interest could be substantially affected or the circumstances reasonably…
Can a lawyer report a client to the police when the client commits a crime against the lawyer, even though the lawyer owes the client a duty of confidentiality?
Yes. The opinion finds an implicit exception to Rule 1.6 that lets a lawyer who is the victim of a client's crime, or who witnesses a client's crime against the lawyer's staff or family, disclose…
What must a judge disclose in cases involving a school where the judge's spouse teaches?
West Virginia JIC Opinion 2025-04 calls for disclosure of the spouse's teaching relationship in every matter involving the school, even when the spouse has no role. If anyone objects, the judge…
May a full-time Vermont judge serve as an EMT in a municipal fire department?
Vermont Judicial Ethics Opinion 34 concludes that a full-time judge may not serve as an EMT or EMS head of service in a municipal fire and rescue department because that is a governmental position…
What must a judge disclose while recruiting a public defender who appears before the judge as a law clerk?
West Virginia JIC Opinion 2025-06 calls for disclosure during recruitment and after hiring but before the public defender starts. It calls for recusal if someone objects in the lawyer's case and for…
Does a Nevada-licensed attorney who serves as a company's CEO, not its lawyer, violate Rule 4.2 by contacting a represented opposing party?
No, on these facts. The Committee concludes that a Nevada-licensed attorney who serves only as an organization's CEO, and does not represent it or any client in the matter, is not 'representing a…
I've been referred a client to appear before a Supreme Court board, but my law partner is a sitting member of that board. If my partner recuses from the matter, is screened off, and takes no fee, can I still take the representation?
Yes. The panel held that although the partner's board membership creates a nonconsentable Rule 1.7 conflict that would ordinarily be imputed to the inquiring attorney under Rule 1.10(a), the…
Can a lawyer pay people who refer clients a flat fee for 'administrative' work, like filling out and filing forms, on each referred matter?
No. The opinion concludes that promising a nonlawyer referrer paid administrative work for each referred matter is a thing of 'value' given as compensation or a reward for the referral, which…
What must a Colorado criminal defense lawyer do when a client hands over a gun, money, a phone, or other incriminating physical or digital evidence?
The opinion concludes that a lawyer who takes possession of incriminating physical or digital evidence has an affirmative duty under Rule 3.4(a) and Colorado criminal law to surrender it to the…
Must a prosecutor disclose a past romantic relationship with a police witness who may testify in one of her cases?
Yes, when the relationship could be used to impeach the witness. The opinion concludes Rule 3.8(b) requires a prosecutor to timely disclose a past romantic relationship with a law enforcement…
May a Texas lawyer pay a nonlawyer-owned support services vendor based on a percentage of the lawyer's or firm's revenues, and may the lawyer own equity in that vendor?
Per the Committee, paying a vendor a percentage of the firm's revenues is impermissible fee sharing under Rule 5.04(a); equity investment in a nonlawyer-owned vendor that does not itself engage in…
What ethical duties under the Texas Disciplinary Rules of Professional Conduct does a lawyer carry when using generative AI in practice?
Per the Committee, a Texas lawyer using generative AI must satisfy technological-competence duties under Rule 1.01, protect confidential client information under Rule 1.05 (which may require client…
May a Texas lawyer practicing in Texas join a D.C. law firm partnership that includes a nonlawyer partner permitted under D.C. Rule 5.4(b)?
The Committee concludes the Texas lawyer may not join such a firm: Texas Rule 5.04(b) and 5.04(d) prohibit a Texas-licensed lawyer practicing in Texas from being part of a firm that includes a…
May an Illinois lawyer affiliate with a for-profit client referral service that charges clients a fixed fee, splits the fee with the lawyer, offers a money-back guarantee, uses non-attorney actors in ads, and requires lawyer-client communications on its monitored online platform?
The opinion concludes no. The money-back guarantee is a prohibited paid recommendation (Rule 7.2(a)) and misleads about the lawyer's services (Rule 7.1); the lawyer-service fee split violates Rule…
Can a lawyer not licensed in Illinois represent an Illinois business on transactional and IP matters, and does associating with an Illinois lawyer cure any UPL concern?
The opinion concludes that a non-Illinois lawyer may advise an Illinois business under Rule 5.5(c) if one of its temporary-practice exceptions applies (notably 5.5(c)(1)'s association with an…
Can a North Carolina estate planning lawyer put a clause in the engagement agreement requiring the client's estate to pay the lawyer's fees for responding to subpoenas, discovery, or testimony about the estate plan?
Not as drafted. A broad clause billing the estate for any future testimony is too vague and clearly excessive, but a narrow, capped, clearly disclosed, and consented version is permitted.
Can a Georgia lawyer supervise a real estate closing by video conference instead of attending in person?
Yes. A lawyer may close a real estate transaction by video conference so long as the lawyer controls the closing process from beginning to end and does not use remote attendance to delegate the…
How do conflict-of-interest and confidentiality rules apply to a Wisconsin guardian ad litem who represents a ward's best interests rather than the ward personally?
The opinion concludes that a guardian ad litem (who must be a lawyer in Wisconsin) has a client for disciplinary purposes, the 'best interests' of the ward, and analyzes conflicts under SCRs 20:1.7,…
Must an appellate judge recuse whenever a former Attorney General division appears in an appeal?
Alabama JIC Opinion 25-964 says prior work in the division alone does not disqualify the judge, if the judge did not participate in the case and impartiality cannot reasonably be questioned because…
Does a Minnesota lawyer need a client's informed consent before posting about the client's matter on a listserv?
Not always. Minnesota Rule 1.6(b)(2) lets a lawyer disclose non-privileged information the client has not asked to keep inviolate and that the lawyer reasonably believes is not embarrassing or…
May a family court use an administrative order to reassign all cases involving a judge's spouse's law partner?
West Virginia JIC Opinion 2025-03 permits the proposed administrative order assigning the spouse's law partner's current and future family cases to other judges. It calls for considering an…
How should a judge handle criminal cases when a new law clerk chaired the grand jury that indicted them?
West Virginia JIC Opinion 2025-02 says to screen the new clerk from every case in which the clerk served as grand jury foreman, disclose the prior role and screening in each case, and follow Trial…
May a judge hear city cases when the judge's child is the mayor?
West Virginia JIC Opinion 2025-01 calls for disqualification when the city is a party or the mayor-child presided over the underlying municipal court case. For crimes primarily investigated by the…
May a Maryland judge speak at a bar association conference that charges admission?
Maryland Judicial Ethics Opinion 2024-43 permits the judge to speak at the described fee-charging bar conference if it is open to attorneys across practice areas and the judge's comments preserve…
I represented a client only in his SSDI claim. I later learned he falsely attested, in a separate workers' comp settlement I had nothing to do with, that he had not applied for SSDI. Must I report that to a tribunal?
No. The panel held that the duty of candor under Rule 3.3 attaches only where the lawyer is representing the client in the proceeding in question, and because the inquiring attorney never…
When a company's lawyer advises the company about a course of action that could expose an officer or employee to personal liability, does the lawyer owe anything to that constituent?
The lawyer represents only the organization, not its constituents. But competence and candid-advice duties can require advising the organization about legal risk to its constituents, and Rules 4.1,…
When must a Maine lawyer report another lawyer's misconduct under Rule 8.3, and does client confidentiality override the duty?
A Maine lawyer must report another lawyer's misconduct when the lawyer has actual knowledge (to a substantial certainty) of a rule violation that raises a substantial question about the other…
Does an Arizona lawyer have to give a client's family and friends updates about the client's case?
No per se duty. The opinion concluded a lawyer is not automatically required to update a client's family or friends; with the client's informed consent the lawyer may do so, the lawyer decides…
Must Connecticut government lawyers report an out-of-state lawyer serving as a regulatory chair for alleged ex parte communications about related proposed legislation?
No on the stated facts. The chair's communications as an adjudicator did not violate Rules 3.5 or 8.4, and in any event did not raise the substantial question required by Rule 8.3(a).
What must a Connecticut lawyer do with settlement funds subject to a letter of protection when the provider's claim or amount is uncertain?
A qualifying letter of protection creates an interest under Rule 1.15, requiring notice, prompt payment of undisputed amounts, and safeguarding of disputed funds. Different procedures apply when the…
May a former Connecticut in-house lawyer represent current or former employees against the former employer in factually distinct employment matters?
Yes on the stated facts. General knowledge of company policies and practices did not make the matters substantially related, but the lawyer may not use or reveal specific former-client information…
Can a South Carolina lawyer serve as local co-counsel with an out-of-state alternative business structure (ABS) that has nonlawyer owners, or own an interest in one?
No to both. A South Carolina lawyer may not serve as local co-counsel with an ABS whose nonlawyer owners would share in the fee, because that violates Rule 5.4's bar on sharing fees with nonlawyers…
May a Connecticut criminal defense lawyer provide fee-based limited-scope advice solely through chat and email without appearing for the client?
The opinion finds no per se violation, but each representation must remain reasonable under the circumstances and the client must give informed consent. It cautions that satisfying the full Rules…
May a Nebraska county attorney advise a county civil officer who is represented on the same matter by additional county counsel without that lawyer's consent?
Yes, on the opinion's facts. Rule 4.2's authorized-by-law exception permits the county attorney to advise the civil officer under Neb. Rev. Stat. § 23-1203, so additional counsel's consent or…
Can a lawyer authorize a government portal like Pay.gov to debit the trust account to pay a client's medical lien by ACH, and how is recordkeeping satisfied?
Yes. Comment 9 to Rule 1.15 is not an exclusive list, so a lawyer may authorize an ACH debit from the trust account to pay a lien or other client obligation; the lawyer must keep full documentation…
Can a criminal defense lawyer file a motion to vacate a drug conviction (after State v. Blake) for a former defendant without a current attorney-client relationship or the person's consent?
No. The committee concluded that a lawyer must have a current attorney-client relationship and the client's informed consent to move to vacate a conviction; a lawyer may not act for someone without…
What ethics duties must a Washington lawyer follow when using AI-enabled tools like ChatGPT in practice?
AI tools are permitted, but the lawyer remains responsible for the work and must satisfy the duties of competence, diligence, confidentiality, communication, candor, supervision, and reasonable…
Can a Washington law firm make a departing lawyer pay a share of fees from client matters they take with them?
There is no definitive Washington answer. RPC 5.6(a) may not bar every such agreement, but the required fee division should bear a reasonable relationship to the firm's investment and remaining…
How must a Washington lawyer handle funds in the trust account that the client and a third party both claim?
The lawyer must promptly pay out the undisputed amounts, keep the disputed portion in trust until the dispute is resolved, investigate each claim preliminarily, and (if more than one claim is…
If a lawyer buys a retiring lawyer's whole practice, can the buyer keep the seller's name in the firm name?
No. Under Washington's Comment [10] to RPC 7.1, it is misleading to use the name of a lawyer who is not associated with the firm or a predecessor of the firm, so a purchaser may not keep the selling…
Can a lawyer for a long-term care facility share a resident's information with a prospective guardian and later represent both the facility and the guardian?
A facility's lawyer may share resident information with a prospective guardian only if substantive law permits it and the lawyer's competence duty to the facility (including protecting the…
Can an Oregon lawyer use AI and generative AI tools in their legal practice?
Yes, with conditions. The opinion concludes Oregon lawyers may use AI and generative AI if they gain competence in the tool, protect client confidentiality, bill honestly, and supervise its use; an…
Does a Pennsylvania lawyer have to put the fee in writing for every client?
Almost always. The opinion concludes that under Rule 1.5(b) the basis or rate of the fee must be communicated in writing, before or within a reasonable time after starting work, unless the lawyer…
Can a Colorado lawyer be paid through a crowdfunding campaign, and what are the ethical limits when the lawyer runs the campaign instead of the client?
Yes. The opinion concludes crowdfunding to pay legal fees is not presumptively unethical, but the lawyer must keep the third-party payor from interfering with professional judgment, avoid…
May a Vermont assistant judge work for and direct an EMT rescue squad?
Vermont Judicial Ethics Opinion 33 permits the described assistant judge to continue working as an EMT and serving on the rescue squad board. The judge must give judicial duties precedence and act…
May a Vermont probate judge also be a deputy state's attorney in another county?
Vermont Judicial Ethics Opinion 32 permits a probate judge to serve as a deputy state's attorney in a different county. The judge must give judicial duties precedence, keep the roles separate, and…
May judges share neutral case synopses internally or cite a new opinion in an order before mandate?
West Virginia JIC Opinion 2024-26 permits genuinely neutral educational case synopses for judicial colleagues and discussion of a new opinion in hearings or orders as official duties. Other…
My former client is appealing his criminal convictions by claiming I represented him ineffectively, and I expect to be subpoenaed. May I testify using confidential information from the representation to defend myself?
The panel concluded the attorney may testify using information relating to the former representation. Although Rules 1.6 and 1.9(c) ordinarily bar revealing such information even after the…
Must an Ohio judge recuse when a lawyer appearing before them is the judge's campaign opponent?
No, not automatically. A judge need not recuse merely because a lawyer before the judge is the judge's current or former campaign opponent; recusal is required only if, on the facts, the judge's…
Must an Ohio judge recuse when a party's lawyer is also representing the judge in another matter?
Yes, absent a waiver. A judge must recuse from a case where a party is represented by a lawyer who is concurrently representing the judge in another matter, whether personal or official; the duty…
May a judge publicly distribute commentary on an appellate decision before the mandate and appeal period end?
West Virginia JIC Opinion 2024-25 says a judge may not publicly comment on a pending or impending case until it is decided, the mandate issues and the potential appeal period expires.
Do conflicts of interest from a New York law firm's hire of an unadmitted summer law clerk, intern, or law-school graduate get imputed to the firm under Rule 1.10? What confidentiality steps does the firm have to take?
Per the opinion, unadmitted summer law clerks, interns, and law school graduates are not 'lawyers' under Rule 1.10, so their prior work does not create imputed conflicts when they are hired. Firms…
What should a judge disclose when a former law clerk joins a firm with cases the clerk worked on in chambers?
West Virginia JIC Opinion 2024-24 calls for disclosure in each firm case that the departing clerk may have worked on for the judge, including the clerk's work and discussions described in the…
Must a newly elected judge recuse from every juvenile case pending while the judge was county prosecutor?
West Virginia JIC Opinion 2024-23 applies prior guidance to abuse and neglect, juvenile delinquency and status cases: the former prosecutor need not recuse from every pending case, but should recuse…
Can a nonprofit criminal defense organization set up and run GoFundMe pages to help its indigent clients cover living expenses after release?
Yes, with conditions. The opinion concludes a nonprofit defense organization may administer GoFundMe pages for indigent current clients under Rule 1.8(e)(4)'s humanitarian exception if the…
How do new family court judges handle cases from their former firm and outside board service?
West Virginia JIC Opinion 2024-22 bars the new judges from former-firm cases, sets disclosure periods for new cases involving former partners, allows one judge's charitable board service without…
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.