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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My law partner sits on the city council, and I sit on one of the city's advisory commissions. Am I barred from representing clients before the city's boards, commissions, law department, probate court, or the city council itself?
No, not automatically. The panel held the inquiring attorney is not per se prohibited from representing clients before the municipality's boards, commissions, law department, probate court, or the…
May a Connecticut lawyer accept a client and prepare work based on a proposed federal regulation that may never take effect?
Yes. The client must understand the current law, possible benefit, costs and burdens of early work, risk that the proposal will not take effect, and available alternatives, then give informed consent.
May a part-time mental hygiene commissioner also serve as an appointed part-time municipal judge?
West Virginia JIC Opinion 2012-18 permits the concurrent service subject to case conflicts and overrules inconsistent Opinion 07/03/2007; it declines the separate truancy representation question.
Can a lawyer licensed in both Texas and another state use a trade name allowed in that state but barred by Texas Rule 7.01, when practicing only in the other state?
Per the Committee, yes. Applying Texas's 'most significant relationship' conflict-of-laws test, Rule 7.01's trade-name ban does not reach a Texas-licensed lawyer's use of a trade name wholly in…
Can a Utah lawyer charge a flat fee, call it nonrefundable, and move it out of the trust account before the work is done?
Flat fees are permitted under Rule 1.5, but the opinion concludes no fee is truly nonrefundable; unearned flat fees must stay in the client trust account, may be moved to the lawyer only as earned…
Does a lawyer have to deposit a flat or fixed fee in the client trust account until it is earned?
Generally yes. The opinion concludes flat or fixed fees must go into the client trust account until earned, unless the lawyer and client agree in writing, after consultation, that the funds become…
May a municipal judge require a traffic offender to donate to Crime Stoppers as a deferred-sentence condition?
The committee said no unless the municipality had granted the court authority to require such a donation. It left undecided whether a broad ordinance authorizing probation conditions would suffice…
Can a North Carolina lawyer agree to buy title insurance exclusively from one agency in exchange for a referring party's continued real estate referrals?
No. The opinion concludes a lawyer may not enter an exclusive reciprocal referral agreement with a service provider: it impairs the lawyer's independent professional judgment (Rules 2.1 and 5.4(c)),…
Does a North Carolina lawyer have to get a client's consent before outsourcing clerical work, like transcription, to a company in another country?
Yes. The opinion concludes that outsourcing any task, including purely clerical or administrative work like transcription, to a vendor in a foreign jurisdiction when it involves disclosing…
Can a North Carolina lawyer buy a competing lawyer's name as a search-engine keyword so the lawyer's own ad shows up when people search for that competitor?
No. The opinion concludes that selecting a competitor's name as a keyword in a search engine's paid-advertising program, so a user searching that name sees a link to the lawyer's own site, is…
Can a lawyer take a case that might require impleading people the lawyer used to represent?
Yes, if the new matter is not substantially related to the prior representations, even though impleading former clients is materially adverse to them; but the lawyer still may not use or disclose…
Can a New York lawyer advertise that they will 'stop your foreclosure'?
No. An unqualified claim that a lawyer can 'stop' a foreclosure is false, deceptive, and misleading under Rule 7.1. Even a reworded, accurate version would need the required 'prior results do not…
Can a New York solo practitioner name the firm using only their initials, like 'JDR Law'?
No. A firm name made up only of the lawyer's initials is a trade name barred by Rule 7.5(b), because the initials are not the lawyer's legal name. The same words may be usable as a motto alongside…
May a Connecticut lawyer ask clients to submit Martindale.com reviews and allow those ratings to appear on the lawyer's profile?
Yes, with limits. The lawyer may not shape false or misleading content, pay for a recommendation, or reveal a client's identity without permission; content the lawyer writes or edits must comply…
Can a Colorado lawyer use marijuana legally under state law without violating the ethics rules, given that it remains a federal crime?
Yes, with limits. The opinion concludes that a lawyer's use of marijuana in compliance with Colorado law does not by itself violate Colo. RPC 8.4(b), because that rule requires a nexus between the…
What must a lawyer do after receiving a document sent by mistake, like a misdirected email?
The opinion concludes that under Rule 4.4(b) a lawyer who knows or reasonably should know a document was sent inadvertently must promptly notify the sender, and has no other ethical duty under the…
May a judicial candidate’s committee hold a golf fundraiser and may the candidate attend?
West Virginia JIC Opinion 2012-17 permits the committee fundraiser and candidate attendance when contributors remain unknown, but bars attendance at an outing with individual hole sponsors likely to…
May a Maryland judge testify about facts learned before taking the bench in a case the judge does not preside over?
Yes. The Committee permitted the requested material fact testimony about the judge’s former legal work, distinguishing fact testimony from expert and character testimony and noting that a presiding…
Can a New York lawyer who also works as a real estate broker represent a party in the same deal, or in a deal handled by a broker at the lawyer's brokerage office?
A lawyer may never serve as both attorney and broker in the same transaction; that conflict is non-consentable. A lawyer employed at a brokerage may represent a party in a deal another office broker…
Can a New York lawyer post an educational legal video online and hand out flyers inviting the public to watch it?
Yes. Producing a bona fide educational legal video and distributing flyers inviting people to view it is generally not advertising or solicitation. But if the video or the flyers urge viewers to…
What limits apply when a New Hampshire client wants to give the drafting lawyer, or the lawyer's family, a present or testamentary gift?
Rule 1.8(c) bars a lawyer from soliciting a substantial client gift or drafting an instrument giving the lawyer or the lawyer's relatives a substantial gift, unless the recipient is related to the…
Must a Wyoming judge report travel and meals paid directly by an extrajudicial event sponsor?
Wyoming JEAC Opinion 2012-01 treats a sponsor's direct payment for a judge's travel, meals, and lodging as reportable under Rule 3.15(A)(3) when the threshold is met. If the judge does not know the…
Can a Texas law firm contract with a for-profit prepaid legal service company to serve its members at discounted rates, and can it take referral fees on matters it refers out?
Per the Committee, a firm may contract with a licensed for-profit legal service contract company to provide discounted services; the company's retained margin is treated as insurance premium, not…
Can a Texas district attorney investigate or prosecute a local official the DA's office previously represented on matters tied to the official's public duties?
Per the Committee, only if the former-client protections of Rule 1.09 and the current-client conflict rule (Rule 1.06) are both satisfied: no reasonable probability of misusing the official's…
Can a Texas lawyer make settling a civil case contingent on the other side signing an affidavit whose content the lawyer's client must approve?
Per the Committee, no. Conditioning a settlement on an affidavit whose content must be acceptable to the client is paying compensation (a more favorable settlement) for particular testimony, which…
Can a New York law firm pay a non-lawyer marketing employee a bonus based on how many clients they bring in?
Yes, a firm may pay a non-lawyer marketing employee a bonus tied to the number of clients obtained through advertising, as long as the bonus is not calculated from the fees those clients pay. The…
Can a New York lawyer acting as the broker in a real estate deal throw in free legal services if the client is told they may hire separate counsel?
No. A lawyer acting and being paid as the broker may not offer free legal services to a party in the same transaction, even with disclosure that the party may retain separate counsel; the broker's…
Can a New York law firm's website link to the website of a nonlegal consulting business the firm formed, and vice versa?
Yes. A law firm's website and the website of a nonlegal entity the firm formed may link to each other. If a link's primary purpose is to facilitate retention of the firm, it is an advertisement…
May a judge recommend an applicant for appointment to a judicial vacancy?
West Virginia JIC Opinion 2012-16 permits a letter only if it is not a public endorsement, is used solely by the appointing authority, and can remain confidential; the opinion also quotes a statute…
May a part-time city attorney also serve as a part-time mental hygiene commissioner?
West Virginia JIC Opinion 2012-15 permits the concurrent roles, subject to case conflicts and former Canon 6C’s limits on related legal representation.
If one lawyer on a Legal Aid conflicts panel has a conflict, are all the other panel members disqualified too?
No. As long as conflicts-panel lawyers are independently engaged by, and independently serve, their indigent clients, the panel is not a 'law firm' under Rule 1.0(h), so one member's conflict is not…
Can a New York lawyer accept stock or an equity interest in a client as payment for legal services?
Yes. A lawyer may take an equity interest in a client or the client's company as a fee if the deal satisfies Rule 1.8(a)'s business-transaction safeguards, is not excessive under Rule 1.5(a), and…
May a judge’s spouse include their jointly owned gardens in a theater fundraiser?
Nebraska Judicial Ethics Opinion 12-2 allowed the spouse’s garden walk under the stated safeguards: the judge would prepare the gardens but would not attend or be named in event materials.
Can a New York lawyer run or post on a blog that criticizes another lawyer's professional conduct?
Yes. The Rules do not prohibit a lawyer from hosting or participating in a blog that publishes factually accurate criticism of another lawyer's professional conduct, provided the criticism is…
Can a New York lawyer work from a New York office as an employee of a foreign firm that has non-lawyer owners or managers?
No. A New York lawyer may not practice law principally in New York as an employee of an out-of-state (or foreign) entity that has non-lawyer owners or managers, because Rule 5.4 bars sharing fees…
Can a New York matrimonial lawyer triple the hourly rate to cover the risk of nonpayment, take a confession of judgment or security interest, and amend the retainer?
The risk of nonpayment alone does not justify charging a multiple of the normal hourly rate. A lawyer may take a confession of judgment for fees already earned and a security interest in client…
Can a law firm sell its delinquent accounts receivable to a third party or hire a collection agency to collect unpaid fees from former clients?
Yes, subject to conditions. The Committee concludes a firm may sell delinquent receivables or use a collection agency to collect fees from former clients, because RPC 1.6(d)(2) lets a lawyer reveal…
May a circuit judge’s full-time law clerk also serve as a paid mental hygiene commissioner?
West Virginia JIC Opinion 2012-14 bars the concurrent service, reasoning that the clerk’s close work with the judge raises an appearance concern and that the judge could not hold both positions.
May a judge’s law clerk contribute to a former Kentucky Supreme Court employer’s reelection campaign?
West Virginia JIC Opinion 2012-13 permits the clerk’s contribution, subject to the separation and noninvolvement restrictions it takes from an earlier opinion on judicial relatives.
May a seriously ill per diem judge accept donations from lawyers who may appear before him?
The Committee allowed donations from lawyers and others who might appear before the judge if the donors remained anonymous, regardless of the fund’s organizational form.
When a lawyer serves on a town board that controls the town court's budget, can other lawyers in the firm still appear in that court?
Generally yes. A board member's bar on appearing in the town Justice Court is not automatically imputed to the rest of the firm, except where the facts make public suspicion of undue influence…
Can a New York lawyer be listed in a bar association's online member directory and appear as a 'featured attorney' on its website?
Yes. A member may be listed in the association's online directory if the listing complies with Rule 7.1, and may appear as a randomly selected 'featured attorney' only if the page carries a…
If a Maryland judge recuses because the judge’s spouse is counsel, must the judge’s colleagues also recuse?
No. The Committee said the spousal-recusal rule does not impute that judge’s conflict to other judges of the court, including when the spouse or another lawyer from the spouse’s firm appears. Other…
How may a magistrate candidate support and attend a civic charity fundraiser?
West Virginia JIC Opinion 2012-12 allows committee donations and a campaign basket door prize, or personal donations without candidate branding; it bars raffle fundraising work but allows attendance…
May a judicial candidate’s treasurer collect contributions through a PayPal button on the campaign website?
West Virginia JIC Opinion 2012-11 permits a campaign committee PayPal button, while requiring reasonable contributions and compliance with applicable legal limits.
May a family court judge transmit a guardian’s report of alleged misuse of children’s funds to circuit court?
West Virginia JIC Opinion 2012-10 finds good cause to disclose the alleged misuse and says the judge should order the investigating guardian ad litem to give the information to circuit court.
May a judge recommend a departing law clerk on official letterhead without marking the letter “personal and unofficial”?
West Virginia JIC Opinion 2012-09 allows a recommendation based on the judge’s personal knowledge of the clerk and says official letterhead no longer needs the “personal and unofficial” notation.
Which political and civic posts must a magistrate candidate leave?
West Virginia JIC Opinion 2012-07 requires immediate departure from a Democratic women’s political group and CASA, resignation as sportsmen’s-club membership chair, and permits two other civic or…
Must a mental hygiene commissioner resign on becoming a House of Delegates candidate, and can the commissioner continue as substitute drug court judge?
West Virginia JIC Opinion 2012-06 requires resignation on announcing the nonjudicial candidacy and rejects appointment solely to continue substitute drug court judging during the election.
What campaign role may a magistrate candidate’s probation-officer spouse take, and may he stay employed if she wins?
West Virginia JIC Opinion 2012-08 applies the candidate conduct standards to the spouse and additional judicial-employee limits; it leaves any post-election reassignment to the circuit’s chief judge.
Can a lawyer serving as a Chapter 7 bankruptcy trustee communicate directly with a represented debtor without the debtor's lawyer's consent?
No. A lawyer who serves as a Chapter 7 trustee may not communicate with a represented debtor unless the debtor's lawyer consents or the communication is authorized by law, such as statutory notices…
May a judicial candidate learn which attorneys endorsed the campaign committee?
The committee read Comment 17 to Rule 21-402 as calling for the campaign committee not to tell the candidate which attorneys it obtained endorsements from. It treated the comment as aspirational…
A predecessor in-house lawyer represented both our company and a manager who was accused of harassment. That manager is now a former employee, and my notes from a meeting with him contain his account of events. Can I hand those notes to the outside lawyer defending the company in the related lawsuit?
No, not without the former client's consent. The panel held that because the manager was the inquiring attorney's former client (a predecessor in-house lawyer had entered an appearance for both the…
I want to talk to a former employee of the corporation I'm suing, who has personal knowledge about the facts and might become my expert witness. Do I need the defendant's lawyer to sign off first?
No. The panel held Rule 4.2 permits a lawyer to communicate ex parte with a former employee of an adverse corporate party, without the consent of opposing counsel, because Rule 4.2's bar on…
May judges preside over and evaluate mock trials at a law firm’s private training weekend?
No. The Commission says the firm-only training would benefit a particular firm, lend judicial prestige to its private interests, and create doubt about impartiality.
May a judge perform or serve as a talent judge at a State Bar Foundation fundraiser for legal services?
Yes, under the 2012 Code and subject to its limits on direct solicitation and outside activity. The committee said its contrary 2008 advice in AO 08-04 should be disregarded in favor of this opinion.
Can a New York lawyer keep a client's identity secret and use the escrow account to make an anonymous charitable donation for the client?
Yes. A lawyer must keep a client's identity confidential when the client asks, and may run an anonymous donation through the escrow account, provided the lawyer makes no false statement, segregates…
Must a D.C. judge recuse from a bank case because of an account or ordinary loan?
D.C. Judicial Conduct Opinion No. 12 says an ordinary deposit account or loan with a litigant bank does not usually require recusal. Disqualification may be required if the case could substantially…
Can a New York lawyer share legal fees with a non-profit organization that is not a law firm?
No. New York rejected the ABA Model Rule 5.4(a)(4) exception for sharing court-awarded fees with public-interest groups, so under Rule 5.4 a lawyer may not share legal fees with a non-profit…
When a firm hires a new lawyer who learned an adversary's confidences while working as a paralegal, is the firm disqualified, or can screening cure it?
Rules 1.9 and 1.10 do not apply to confidences acquired solely as a paralegal, so the conflict is not imputed to the hiring firm; the firm must instead supervise, instruct, run a conflicts check,…
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.