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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May a Colorado dependency and neglect judge serve on a state child-welfare council?
Yes. The Council relates to law and court administration, but the judge must assess impartiality, duties and disqualification for each activity. Recorded abstention may address a specific conflict…
Can a firm list a departing former name partner as 'Special Counsel' on its letterhead, and what does that title do to conflicts?
Only if the departing lawyer is actually available to the firm for consultation on a regular and continuing basis. If the title fits, the lawyer is 'associated' with the firm and his conflicts are…
Can a district attorney prepare an expungement petition for a person, as a statute requires, without creating a conflict of interest with the State?
Formal Ethics Opinion 2012-F-155 concludes that a district attorney may prepare expungement petitions as the statute requires only by avoiding the formation of an attorney-client relationship with…
Can a Florida lawyer let a paralegal use the lawyer's e-filing portal log-in to file court documents?
Yes. A lawyer may give E-Portal credentials to a trusted, supervised nonlawyer to file documents the lawyer has reviewed and approved; the lawyer stays responsible for the filing, should monitor…
Can a public defender or assistant public defender keep a separate private practice in the same Criminal Court where they appear for the office?
Yes. A public defender or assistant public defender may represent private clients in a separate practice in the same Criminal Court where they appear in their public capacity, provided…
Could an Illinois judge standing for November retention endorse a judicial candidate in the preceding March primary?
No. The Committee treated the primary as a separate election and read former Rule 67B(1)(a)(iv) to permit endorsements by the retention judge only in the general election.
Can a West Virginia lawyer store client files electronically, including with an off-site or cloud provider, and what must the lawyer do to protect them?
Yes. The Board concludes electronic storage of client files is permissible under the Rules of Professional Conduct, provided the lawyer uses due diligence to protect the client's confidentiality,…
I used to supervise other legal-services attorneys, and now that I'm in private practice, am I automatically conflicted out of any case involving a client one of my former subordinates once represented?
Not automatically. The panel held Rule 1.9(b) bars representing a person in the same or a substantially related matter in which a supervised attorney represented a materially adverse client only…
Can a New York law firm pay an of-counsel lawyer's compensation to a Subchapter S corporation that a non-lawyer spouse partly owns?
Not as compensation for legal services, because a professional service corporation organized to practice law cannot have non-lawyer shareholders. The firm may pay that corporation as a third party…
Can a New York lawyer run a law practice and a real estate brokerage from the same office and market them together?
Yes; the lawyer may operate both from one office and send joint mailings as long as the marketing is truthful and not misleading, but may not serve as both lawyer and broker in the same real estate…
Can a New York lawyer put a photo on a business card and list recommended plumbers, realtors, or accountants on it?
Yes; a photo of the lawyer is permitted (an actor portraying a lawyer must be disclosed), and the lawyer may list recommended service providers if a disclaimer makes clear there is no affiliation or…
Can a New York solo practitioner who employs a paralegal name the firm 'Smith and Associates'?
No. Because the solo has no other lawyers, 'and Associates' would falsely suggest the firm includes additional lawyers; the opinion finds it misleading under Rules 7.5(b) and (c) and 8.4(c).
Did Utah's 2012 opinion allow judges to connect with lawyers on social media and use LinkedIn recommendations?
It allowed ordinary online connections without automatic recusal, but made context and contact frequency decisive. It barred recommending a lawyer who regularly appeared before the judge and…
Can a nonprofit legal services organization use 'Project' or 'Law Center' in its name under the New York rules?
Yes; a qualified legal assistance organization may use 'Law Center,' and may use 'Project' if the name otherwise signals the group's law-related work and is not otherwise misleading.
May a Colorado judge buy property previously involved in a foreclosure case in the judge's district?
Yes, at a later resale if the judge gains no advantage from judicial office or nonpublic information and the purchase does not compromise impartiality. The Board excluded property in a foreclosure…
Can a New York lawyer team up with an insurance agency to offer clients a combined legal-and-nonlegal service package?
No, not as an exclusive ongoing arrangement. The opinion holds Rule 5.8 bars a systematic cooperative legal/non-legal venture with a provider whose profession is not on the Appellate Divisions'…
Can a patent attorney who became a USPTO patent examiner still call himself 'Patent Attorney' on a business card?
Not without disclosure. Because his USPTO registration is on administrative-leave/inactive status and he can no longer represent others, the opinion finds the bare 'Patent Attorney' designation…
Can a New York lawyer take foreclosure-case referrals from a non-lawyer company that telephoned the clients and collects a fee covering the lawyer's services?
No. The opinion finds the arrangement flawed on several grounds: the company's telephone solicitation is imputed to the lawyer, the client's single payment to the company effectively shares a legal…
May a judicial campaign event suggest contribution amounts while making clear that attendance requires no contribution?
The committee permitted an invitation listing suggested contribution levels if it expressly said a contribution was not required to attend. It reasoned that the candidate could then attend with…
Can a New York lawyer who belongs to a union serve on the union's legal-fee reimbursement panel and represent a fellow union member?
Yes to both, with conditions. The lawyer may join the panel and represent a co-worker in a real estate deal covered by the plan, subject to Rule 1.8(f) third-party-payment requirements and, for…
Is it ethical for a North Dakota lawyer to practice collaborative law, where the lawyer agrees to withdraw if the parties cannot settle and litigation becomes necessary?
Yes. The committee concluded that collaborative law is a permissible limited-scope representation under Rule 1.2(c), so long as the client gives informed consent after being told the process's…
What may a lawyer licensed in another state do in Tennessee while waiting to be admitted to the Tennessee bar?
Formal Ethics Opinion 2012-F-91(c), since vacated by the Board, concluded that a lawyer licensed elsewhere and applying for Tennessee admission by comity or examination generally may not commence…
If a Virginia lawyer is 'of counsel' to a firm, are the firm's clients and conflicts imputed to that lawyer?
Yes. An 'of counsel' lawyer is associated with the firm for conflict purposes, so conflicts are imputed both ways under Rule 1.10(a) and cannot be screened around. A genuinely limited…
May a Connecticut law firm appear before a workers' compensation commissioner who is the parent of one of the firm's associates?
The associate may not appear before the parent commissioner. Other firm lawyers must disclose the relationship and any associate interest before appearing so the commissioner can decide…
Does a Virginia prosecutor's ethical duty to disclose exculpatory evidence go beyond Brady, and must a prosecutor reveal that a key witness has died during plea talks?
Yes to the first: Rule 3.8(d)'s 'timely disclosure' duty is broader than Brady and requires disclosure as soon as practicable, not just in time for trial. On the second, a prosecutor may not make a…
Can a North Carolina lawyer charge interest or finance charges on a client's overdue bill without the client having agreed to it in advance?
Yes. The opinion concludes a lawyer may impose finance charges on a delinquent client account under N.C. Gen. Stat. section 24-11 without an advance agreement, so long as the lawyer first gives…
Can a North Carolina lawyer use client testimonials in advertising, and when does a testimonial need a disclaimer?
The opinion concludes that testimonials describing the lawyer's client service ('soft' endorsements) may be used without a disclaimer; testimonials that refer generally to results may be used only…
My client signed an assignment to a medical provider, and the provider now wants over $9,000 out of the settlement, but the money isn't enough to cover everyone. What am I required to do with the funds?
The panel held Rule 1.15 requires the attorney to notify the provider that he or she holds the client's settlement funds; if the client consents, the attorney may pay the provider an agreed amount,…
Was an Illinois judge disqualified when a purchaser of the judge’s father’s law practice handled a case that could generate a fee for the father?
Yes, when the judge knew the father or his estate might receive a fee from that case. The Committee recommended inquiry of the purchasing lawyer and discussed remittal under former Rule 63D.
May a Colorado judge appear in a fundraising video for a law-related teen diversion program?
Yes. The judge may give an informational interview for the law-related program's video, including its fundraising use, if the judge does not directly solicit funds or make statements appearing to…
Can a criminal defense lawyer keep representing a client when her law partner is in business with a part-time assistant DA in the prosecuting office?
Yes, on these facts. The opinion treats the partner's business relationship as a personal-interest conflict imputed to the firm under Rule 1.10(a), finds no significant risk to the partner's…
Do domestic violence protective orders against a non-incumbent judicial candidate establish an ethics violation, and must a judicial officer report it?
West Virginia JIC Opinion 2012-19 says the conduct may violate the Code but makes no finding without a complaint, investigation, and evidence review; it directs the requesting judicial officer to…
May a Connecticut law firm identify a salaried nonlawyer operations employee as a principal on its letterhead, business cards, and website?
No. The title may falsely imply that the employee owns the firm, holds authority not described in the facts, or practices law; omitting 'Esq.' does not cure those impressions.
Can a Florida criminal defense lawyer advise a client to accept a plea that waives ineffective-assistance-of-counsel and prosecutorial-misconduct claims?
No. The defense lawyer has an unwaivable personal conflict of interest in advising on a plea that requires waiving ineffective-assistance and prosecutorial-misconduct claims, and a prosecutor may…
May a Connecticut plaintiff's lawyer personally indemnify a settling defendant against Medicare or other liens on the client's recovery?
No. The guaranty creates a personal-interest conflict, impairs independent advice, and provides prohibited financial assistance by backing the client's third-party obligations.
May a sitting judge host a home meet-and-greet to seek a party committee's nomination for another judicial seat?
Yes. The committee said the Code permits the candidate to hold the home event, while requiring impartial conduct and disqualification in cases involving attorney members of the central committee…
May a judge recommend a lawyer who appears before the judge for a public defender contract?
Yes. The committee found that the requested reference for a lawyer applying for a public defender contract would not abuse judicial prestige or impair the appearance of impartiality on the stated facts.
May a magistrate work as a paid sports referee when court is closed or while taking vacation during court hours?
The committee permitted evening or weekend refereeing and a small stipend if the Code's outside-activity limits were met and law-enforcement availability remained intact. It advised against…
Does a Maryland judge’s social-media connection with a lawyer automatically create a conflict?
No. The Committee said the mere social connection does not itself create a conflict or require recusal. The relationship and surrounding facts may still call for disclosure or disqualification under…
Can a law firm list nonlawyer employees by name on its letterhead, website, and business cards?
The opinion concluded that a law firm's letterhead and website may list the names of nonlawyer employees if the employees are clearly identified as nonlawyers through job titles or other identifiers…
Can an Ohio lawyer secretly record a conversation without the other person's consent?
The opinion concluded that a lawyer's surreptitious recording of a conversation is not a per se violation of Prof. Cond. R. 8.4(c) (dishonesty, fraud, deceit, or misrepresentation) if the recording…
My client can't afford to pay me, so I want to take a mortgage on the very property he's trying to win through an adverse possession claim as my contingent fee. Is that allowed?
Yes, subject to conditions. The panel held Rule 1.8(i)'s exception for reasonable contingent fees permits the inquiring attorney to take a mortgage on the property that is the subject of the…
When a former client files a habeas petition claiming ineffective assistance, can the defense lawyer give confidential information to the government before any hearing?
Generally no. The self-defense exception in Rule 1.6(b)(2) does not authorize disclosing confidences when the petition is filed, before the court rules on its legal and procedural sufficiency,…
Can a prosecutor require, and defense counsel agree, that documents the prosecutor produces may be shown to the defendant but not copied for the defendant?
Per the Committee, yes. Nothing in the Disciplinary Rules prohibits a prosecutor from conditioning production on, or defense counsel from signing, an agreement that the documents are State property,…
Can Texas lawyers organize a law firm as a limited partnership whose general partner is an ordinary for-profit corporation rather than a professional corporation?
The Committee says the Disciplinary Rules do not prescribe firm-organization forms, but they bar sharing fees or partnering with non-lawyers and assisting unauthorized practice; whether this…
Can an e-discovery or document-review vendor that practices law in D.C. be owned in whole or part by passive nonlawyer investors?
The opinion concludes that a discovery service vendor cannot both practice law in the District of Columbia and be owned, in whole or in part, by passive nonlawyer investors, consistent with D.C.…
Can a lawyer let a client or collection agency send debt collection letters on the lawyer's letterhead without the lawyer reviewing each file?
No. The Committees held that a lawyer must independently review each file and exercise professional judgment before a debt collection letter goes out on law firm letterhead; lending letterhead…
Must a Colorado judge recuse when counsel is supervised by the judge's attorney-spouse?
Yes. The Board concluded that the judge must recuse when a lawyer from the regional legal-services office managed by the judge's spouse appears, because the relationship creates an appearance of…
Can a lawyer look at jurors' social media profiles to research them during a trial?
Yes, the opinion concludes, as long as the research causes no communication with the juror. A friend request, or any notification that tells the juror they were viewed, can be a prohibited…
May a clerk magistrate accept donations from a community fundraiser for her medical bills?
Nebraska Judicial Ethics Opinion 12-4 prohibited a fundraiser involving or mentioning the clerk magistrate, while noting that family or others could receive funds by another method subject to gift…
Can a lawyer serve as a referee in a foreclosure case when one of the lawyer's clients holds a judgment on the property?
Yes, with conditions. The opinion permits it if the lawyer makes any needed disclosures, has no circumstances that would let impartiality be reasonably questioned under the judicial-conduct rules,…
What must a Kentucky lawyer do when a client in a civil case disappears and cannot be located, including with the client's funds, the ongoing matter, and any settlement offer?
After a diligent search, the lawyer must turn unclaimed client funds over to the state under the unclaimed-property laws, will usually have to withdraw because the case cannot proceed without the…
Can a New York lawyer give a bank or law enforcement the emails and documents from a 'client' who turned out to be running a counterfeit-check scam?
Yes. If the lawyer reasonably concludes the purported client was trying to defraud the lawyer rather than obtain legal services, that person is neither a client nor a prospective client, so the…
May a judge occasionally use the judge’s spouse as a substitute court reporter?
No. The Commission says the judge might have to review the spouse’s work, creating a disqualifying conflict that party consent cannot waive.
When a health-care provider appoints a lawyer to represent an injured person in a PIP arbitration, must that lawyer notify the client's personal-injury counsel, and what conflicts arise?
The Committee concluded the PIP lawyer has no duty to notify the client's personal-injury lawyer, but must explain to the client how the arbitration could prejudice a later personal-injury suit, may…
May a judge host a judicial candidate’s fundraiser or join a campaign event without fundraising?
The Commission bars listing a judge as fundraiser host on invitations to lawyers or litigants who appear or likely will appear before that judge. It leaves nonfundraising participation to a specific…
Can a Massachusetts lawyer store confidential client files in a cloud service like Google Docs?
Yes, if the lawyer makes reasonable efforts to confirm the provider's terms and privacy practices protect client confidences under Rule 1.6(a). The lawyer must honor a client's instruction not to…
Which state's contingent-fee limits apply when a Massachusetts lawyer sues in a tribal court in another state for a Massachusetts client?
The rules of State X or its tribal court govern the contingent fee, not the Massachusetts rules, under the choice-of-law rule in Rule 8.5(b) for conduct before a tribunal in another jurisdiction.
Must a lawyer report another lawyer's deceptive conduct to bar counsel when the facts came from the client's confidential information?
The deception is the kind of serious dishonesty Rule 8.3(a) requires reporting. But where the lawyer's knowledge is protected by Rule 1.6, Rule 8.3(c) means the lawyer needs the client's consent…
Can a Michigan judge host, and accept payment for hosting, a commercially-sponsored cable television talk program?
No. Hosting a commercially-sponsored program identified with the judge uses the prestige of office to advance business interests and can reflect on the judge's impartiality; a paid host who is an…
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.