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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When a lawyer has represented a partnership and all its partners together and one partner sues another, may the lawyer take a side?
The lawyer has a conflict and ordinarily must withdraw from the failed common representation absent informed consent. Whether the lawyer may then represent the defending partner in the arbitration…
May a Nebraska workers' compensation lawyer withhold client proceeds to repay a lawsuit-funding company?
The Committee does not interpret whether Neb. Rev. Stat. § 48-149 prohibits the withholding. If it does, the lawyer may not honor the funding lien even at the client's request or when the lawyer…
If a lawyer learns that another lawyer altered an email and offered it as evidence, must the lawyer report that to disciplinary authorities?
Yes. On these facts, a lawyer who knows another lawyer altered a document and offered the altered version to a tribunal must report it under Rule 8.3(b), because altering and presenting evidence…
May an Arizona lawyer sell discounted legal-service vouchers through an Internet coupon platform?
The committee did not decide a specific voucher's terms, but concluded that the described group-coupon model would likely violate one or more Arizona ethics rules. It identifies pre-consultation…
May a Vermont plaintiff's lawyer indemnify the defendant's insurer against a health insurer's settlement lien?
The opinion says no: signing the proposed hold-harmless agreement would make the lawyer financially responsible for the client's lien obligation and violate Rule 1.8(e). The opinion distinguishes…
Can an Illinois lawyer for an estate's executor agree that the executor will personally pay fees a probate court disallowed as excessive?
No. Under Rule 1.5(a) a lawyer may not agree to or collect a fee a probate court found unreasonable. If the court disallows part of the estate-attorney's fee as excessive, that portion is…
When are a California lawyer's posts on Facebook, Twitter, or other social media subject to the rules governing attorney advertising?
Per California Formal Opinion 2012-186, a social-media post is subject to former Rule 1-400 if it is a 'communication' concerning the lawyer's availability for professional employment; routine…
In settling a fee or malpractice dispute with a former client, what kinds of representations or agreements about not filing a State Bar complaint can a California lawyer ask for, and what is foreclosed by Business and Professions Code section 6090.5?
Per California Formal Opinion 2012-185, section 6090.5 bars seeking any written or oral client agreement not to file a State Bar complaint, and may also bar settlement recitations of the client's…
May a new judge finish and bill for an unfinished hearing-examiner decision from before taking office?
West Virginia JIC Opinion 2012-24 says a sitting judge may not draft the paid recommended decision because that would be prohibited practice of law under former Canon 4G.
May a Connecticut plaintiffs' lawyer represent opposing insurance counsel personally in a matter unrelated to cases where the lawyers remain adverse?
Possibly. The new matter is not directly adverse, but both lawyers must assess whether their relationship creates a significant risk of materially limiting duties to existing clients; any waivable…
Can a lawyer who regularly represents a lender also represent the buyer at residential closings when the lender pays most of the buyer's legal fee as a promotion?
No. The lawyer's regular lender relationship and the lender's payment of most of the buyer's fee create a Rule 1.7 conflict that is nonconsentable, because the lawyer cannot reasonably believe he…
Can a lawyer sell a flat-fee online letter-writing service, advertising that the letters are written by an attorney, without it being treated as legal services?
Only narrowly. A lawyer may offer such a service only if the letters' subject matter does not implicate legal rights, no legal services are rendered, and the website prominently disclaims any…
Can a law firm scan incoming mail, destroy the paper originals, and keep only electronic copies?
Yes, with safeguards. A firm may destroy paper mail and keep electronic copies if it uses a reliable method to identify and retain the items that must be kept in original form, and protects…
What ethical duties does a lawyer appointed as standby counsel owe to a pro se party, and can the lawyer limit how much the pro se party can demand?
The duties scale with the role. An inactive standby lawyer treats the pro se party like a prospective client under Rule 1.18; if invited to participate, the lawyer may limit the scope under Rule…
May a magistrate hear cases brought by deputies when the magistrate’s father is sheriff?
West Virginia JIC Opinion 2012-22 requires disclosure in sheriff’s-office cases, disqualification when the father participates, Brown procedures for deputies’ cases without his involvement, and a…
What does an Ohio lawyer have to do when a client takes a non-recourse litigation cash advance from a litigation-finance company?
The opinion concluded that Ohio lawyers may inform clients of non-recourse civil litigation advances offered by alternative litigation finance (ALF) providers and regulated by R.C. 1349.55. If a…
How may a California lawyer publicly respond to a former client's online review accusing the lawyer of incompetence or overcharging, when no confidential information has been disclosed and no litigation is pending?
The lawyer may publicly respond if the rebuttal discloses no confidential information, does not injure the former client in matters relating to the prior representation, and is proportionate and…
What did the Commission direct a judge to do with anonymous cash and a note received at the courthouse?
West Virginia JIC Opinion 2012-23 directs the judge to notify Court Security and the county sheriff and turn over the note and $20 bill as potential evidence.
Can a New York lawyer use a firm name built from her conjoined initials plus a phrase like 'The Business Dispute Clinic'?
No. A firm name made by conjoining the lawyer's initials with an abbreviation of her surname is a prohibited trade name, and 'The Business Dispute Clinic' cannot be part of the firm name, though it…
How may a new district judge wind down a former solo law practice, handle pending fees, and notify former clients and courts?
The committee allowed administrative steps to collect earned fees and close matters, including trust-account processing, while rejecting continued legal practice and attorney-identifying stationery.…
May a judge help prosecutors or police run a mock trial that trains officers to testify in court?
The committee concluded the Code did not permit the proposed training. A judge's participation in prosecution-side witness training could reasonably appear biased and could cause disqualification if…
Does a lawyer have a duty to scrub confidential metadata from electronic documents, and is it unethical to mine metadata from a document received from another lawyer?
The opinion concludes a lawyer has an affirmative duty under MRPC 1.6 to take reasonable precautions so confidential metadata is not inadvertently disclosed, and that actively mining for…
May a Louisiana lawyer accept credit cards for earned fees, advance fees, and costs?
Yes, if the merchant agreement permits compliance with the rules on fees, communication, confidentiality, and safekeeping. Advance funds and chargebacks must be arranged so client funds remain protected.
In Kentucky, can a criminal defense lawyer advise a client to accept a plea deal that waives the right to claim ineffective assistance of counsel, and can a prosecutor offer one?
No to both. The opinion concluded that advising a client on a plea waiver of ineffective-assistance claims creates a non-waivable conflict of interest for defense counsel, and that a prosecutor who…
Can a Kentucky lawyer look at or access the Facebook or other social media account of an opposing party, witness, or juror to gather information for a client's case?
Yes, as long as the conduct does not break the existing rules. The opinion concluded a lawyer may use a third person's social network site to benefit a client, but may not use deception to gain…
What must a Virginia lawyer do with settlement funds when a third party such as a medical provider or insurer claims a lien on them?
The lawyer must safeguard funds a third party is actually entitled to (by statute, lien, court order, or a client-signed assignment) and cannot unilaterally release disputed funds to the client. A…
Can a Virginia prosecutor dismiss criminal charges in exchange for the defendant releasing civil claims arising from the arrest or prosecution?
Yes, there is no per se ban, but only while probable cause supports the charge. A prosecutor may not maintain a charge that lacks probable cause to extract a release, and may not bring or trump up…
May a judge serve on the board of a local nonprofit mental health provider whose staff do not appear before the judge or receive court referrals?
The committee permitted board service on the stated facts, finding no conflict under Rules 21-307(A)(5) or 21-301. It said the judge would need to reassess if the provider or its staff later…
Can a New York law firm buy a mailing list to offer recipients a free educational newsletter and seminars?
Yes. Buying a list to email an opt-in offer for an educational newsletter and seminars is permissible, because educational programs not primarily about the firm are neither advertising nor…
Can two solo New York lawyers, each practicing as a PLLC, form a law firm by creating a joint venture of their PLLCs?
Yes, on the facts given. Two PLLCs may create a joint venture that functions as a law firm, using a name that discloses the joint-venture relationship; the venture is a 'firm,' which matters for…
Can a New York lawyer pay settlement proceeds to a third party at the client's request instead of to the client directly?
Yes. Rule 1.15(c)(4) does not prevent a lawyer from distributing settlement funds to a third person when the client clearly directs it; the lawyer should tell the client the third party will then…
Must a New York lawyer disclose that the client has been secretly reading the opposing party's privileged emails?
Generally no. The lawyer's knowledge is confidential under Rule 1.6, and absent an exception (the client is committing a crime or fraud that only disclosure can prevent, or other law requires it)…
Must a Michigan judge recuse when one of the lawyers in a case is running for the judge's own seat in the upcoming election?
No, the judge is not per se disqualified, but should disclose that the advocate is a candidate for the judge's seat and may proceed unless a timely disqualification motion is granted; no disclosure…
May a district judge publish an autobiographical book about work as a lawyer, midwife, and judge?
The committee did not give blanket approval without reviewing the manuscript. It directed the judge to examine whether the book could cause disqualification or undermine impartiality, while finding…
Can a law firm's non-attorney employee put a J.D. degree or the title 'Legal Project Manager' on a firm business card?
Only if the card makes clear the employee is not admitted to practice law. Listing a J.D. or a title like 'Legal Project Manager' may imply the person is a lawyer, so the card must expressly…
Can a New York lawyer take client referrals from a non-lawyer firm and be paid an undisclosed cut of the flat fee the client pays that firm?
No. A lawyer may not accept referrals where the legal fee, in an amount never disclosed to the client, is taken from the fee the client pays a non-lawyer firm; that violates the duty to communicate…
Must a Colorado judge recuse from every prosecution by the office employing the judge's future son-in-law?
No. The judge must recuse from matters involving the deputy district attorney personally, during engagement and after marriage, but may hear other office cases and serve as duty judge when that…
Can a lawyer refer clients to a third-party lender that auto-debits the client's account to pay the lawyer's fees and waives the client's defenses?
The opinion concluded that a lawyer may not participate in such a lending scheme: it is the provision of financial assistance to a client barred by MRPC 1.8(e), it is a business transaction giving…
Can a lawyer for a closely held company also represent the majority owners against a minority owner?
It depends on the facts. The opinion concludes representing the organization does not by itself mean representing its owners, but a conflict arises if the lawyer's prior dealings made an owner…
Can a North Carolina lawyer accept or request a client recommendation on a professional networking site like LinkedIn?
Yes, with limits. The opinion concludes a lawyer who controls his profile may accept a client recommendation only if it complies with the advertising rules and 2012 FEO 1: it must avoid creating…
Can a North Carolina lawyer use a leased shared-office address or a P.O. box as the office address on letterhead and advertising?
Yes, within limits. The opinion concludes a lawyer may put a leased time-shared office address on letterhead and ads so long as the communication is not misleading about the firm's actual presence…
Must a North Carolina lawyer avoid emailing a client through the client's employer's system, and may the employer's lawyer read employee-counsel emails the employer recovered?
A lawyer must avoid communicating with a client over the client's employer's email system if the employer might find and read the messages, because confidentiality is broader than privilege. The…
Must a judge recuse from every juvenile case involving a unit supervised by the judge’s companion?
West Virginia JIC Opinion 2012-21 rejects automatic disqualification for mere supervision but requires disclosure in each juvenile case involving the companion’s unit and Rule 17.01 steps if someone…
May a magistrate candidate participate in a local school debate?
West Virginia JIC Opinion 2012-20 says participation is not itself a Canon 5 violation, while the candidate’s statements remain subject to the former Canon’s limits on endorsements, pledges,…
May a part-time probate judge work for New Mexico or volunteer with the county sheriff's reserve program?
The committee said a continuing part-time probate judge was exempt from Rule 21-304's government-position restriction and could generally do either, but Rule 21-301 still barred activities that…
In Colorado, can a lawyer act as trial advocate when the lawyer or a lawyer in the same firm is likely to be a witness, and can a party subpoena opposing counsel as a witness?
The opinion concludes that a lawyer who is likely to be a necessary witness generally may not also act as advocate at trial unless a Rule 3.7(a) exception applies (uncontested issue, value of legal…
May a retiring Connecticut lawyer offer clients their files in PDF format when closing the practice?
Yes, if clients may still receive paper copies and original documents are returned on request. The electronic method must transfer and preserve information accurately.
What must a Connecticut lawyer send after a client discharges the lawyer and says not to contact the client again?
The lawyer still must briefly confirm termination in writing, state that no further work will be done, explain how to obtain the file, and provide information needed to prevent adverse consequences.
Can a lawyer serve as attorney for a child when the lawyer's spouse, a public defender, represents another party in the case?
Yes, unless the circumstances create a Rule 1.7(a)(2) personal-interest or Rule 1.10(h) spousal conflict and the child has no representative who can consent to it. A child cannot consent to the…
Can a New York lawyer store client data on off-site backup tapes, and can electronic copies satisfy the record-retention rules?
Yes to off-site backup tapes if the lawyer takes reasonable care to protect confidentiality. Whether electronic copies suffice depends on the record: some items (such as bank statements and canceled…
Can solo lawyers who share office space also share one computer for confidential client information if they have separate passwords?
Yes, if they take reasonable care. Office-sharing solo lawyers may use a shared computer for client confidences only if the actual security measures, including password systems and their use,…
How long must a Colorado judge disclose a report against an attorney after deciding recusal is unnecessary?
The judge must disclose the report while the attorney-discipline proceeding remains open. Once it closes, disclosure ends; absent another recusal ground, the judge must hear assigned cases involving…
My client is indigent, has moved out of state, and can't afford to travel back for court dates in her D.C.Y.F. and divorce cases. Can I pay for her transportation without violating the rules on giving clients money?
Yes, if the client is indigent. The panel held that Rule 1.8(e) permits the inquiring attorney to pay an indigent out-of-state client's transportation costs to attend court hearings in her D.C.Y.F.…
May a Wyoming judge serve on environmental and women's nonprofit boards?
Wyoming JEAC Opinion 2012-02 finds no general bar to serving on either described board, subject to Rules 3.1 and 3.7 and the judge's actual duties. It says the women's organization is not shown to…
Can lawyers who own a separate nonlegal business buy marketing leads for that business, even though their law firm could not buy leads for itself?
Yes, if the nonlegal entity has no lawyers, operates wholly separately from the firm, and discloses in writing that it provides no legal services. The firm is then not subject to the rules for that…
Can a law firm put logo-branded promotional gifts in a hospital's welcome package for all patients?
Yes. A firm may include logo-branded items like pens or calendars in a hospital welcome package for all patients; gifts marked only with the firm's name and contact information are not advertising,…
May a judge join a limited liability company formed only to let members share a recreational hot-air balloon?
The committee treated the proposed cost-sharing balloon LLC as a recreational club rather than a business and permitted participation on the stated facts. It cautioned that Rule 21-311(C) would bar…
Can a Texas lawyer help a client pay the client's former lawyer to testify as a fact or expert witness in a civil case?
Per the Committee, yes. Rule 3.04(b)(2) lets the lawyer cooperate in paying the former lawyer reasonable compensation for loss of time as a fact witness, and Rule 3.04(b)(3) allows a reasonable fee…
Can an in-house lawyer use the company's confidential information to support her own discrimination or retaliatory-discharge claim against the employer?
The opinion concludes that an in-house lawyer may not disclose or use the employer/client's confidences or secrets offensively to support her own claim for employment discrimination or retaliatory…
Can a plaintiff's lawyer contact the insurance adjuster directly when the defendant is represented by a lawyer the insurer hired?
Yes, unless the plaintiff's lawyer knows that the defense lawyer also represents the insurer. Rule 4.2 bars contact only with a represented person, and the insurer is not presumed to be a client of…
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.