Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Can a lawyer take part in a home sale where the price is grossed up to match a seller's concession but the gross-up is not disclosed?
No. If the lender refuses to let the documents disclose that the sale price was increased by the same amount as the seller's concession, the undisclosed gross-up is a misrepresentation under Rule…
Can a plaintiff's lawyer agree, as part of a settlement, to hold the defendant and insurer harmless from the client's liens or government claims, and can defense counsel demand it?
No. The committee concluded a lawyer may not sign a settlement release indemnifying the opposing party against the client's lien or subrogation liability, because it is prohibited financial…
Must a judge recuse from every case involving the lawyer representing the judge’s former spouse in unrelated litigation?
Nebraska Judicial Ethics Opinion 11-4 rejected blanket disqualification on the stated facts, while requiring a case-specific impartiality assessment and recusal if personal bias toward the attorney exists.
Can a lawyer refer a client to a title company the lawyer has a financial interest in, and still represent the client in the same deal?
Yes to the referral, but only if the title company does purely ministerial work. If the company performs non-ministerial tasks (such as title insurance or recommendations), the lawyer's…
When spouses at different firms end up on opposite sides of a case, is the conflict imputed to their colleagues, and can it be waived?
Not automatically. A Rule 1.10(h) spousal conflict is not automatically imputed to colleagues in either firm, but may be imputed on the facts; where imputed, in civil matters the conflict is often…
May Connecticut municipal corporation counsel advise a board after a former personal client becomes one of its members?
Generally yes on the stated unrelated facts, because counsel represents the municipality and board as entities, not the member individually. Counsel still must assess material limitations,…
May a Connecticut lawyer pay an indigent litigation client's water bill as a loan, gift, anonymous payment, or donation routed through a church?
No. Connecticut Rule 1.8(e) has no humanitarian exception for living expenses, and changing the payment into a gift, anonymous payment, or church donation does not change its character.
May Connecticut defense counsel contact putative class members about the litigation before the court certifies the class?
Yes. Putative members are not represented by class counsel before certification, unless individually represented, but counsel may not contact named plaintiffs and must comply with Rule 4.3 and any…
Can a lawyer admitted in New York and based in DC share New York litigation fees with a non-lawyer partner in a DC firm?
Yes, ordinarily. New York Rule 5.4 bars fee-sharing and non-lawyer partnerships, but under the Rule 8.5 choice-of-law analysis, a lawyer who principally practices in a jurisdiction that allows such…
Can a New York lawyer's website include links to banks, real estate companies, or other businesses?
Yes. A lawyer may include informational links to other businesses' websites as long as neither the link nor the linked content creates confusion or misrepresentation; reciprocal links require more…
Can a New York law firm pay a non-lawyer marketer a bonus based on the new business they bring in?
A firm may employ a non-lawyer marketer who does only the advertising and solicitation a lawyer could do, and may pay a profit-sharing bonus tied to overall firm profits or a percentage of base…
Can a lawyer with a passive ownership stake in a real estate brokerage represent a buyer, seller, or lender in a deal where that brokerage is the broker?
No. A lawyer with a substantial passive investment in a closely held real estate brokerage may not represent a buyer, seller, or lender in a transaction in which that brokerage acts as broker; the…
Can a lawyer have a law clerk run legal research on the clerk's student Westlaw or Lexis account for firm work?
No. The opinion concludes that a lawyer who encourages or participates in a law student's breach of the student's Westlaw or Lexis academic-use agreement violates the Rules of Professional Conduct,…
Can a lawyer cut a contingent fee to share it with a non-attorney tax-reduction firm that refers clients, or be retained by that firm to serve its customers?
No. A lawyer may not reduce a contingent fee so the difference flows to a non-attorney tax-reduction firm that refers clients, because that is impermissible fee-splitting (or a cooperative business…
Can a criminal defense lawyer interview a complaining witness who is represented by counsel in a separate, related criminal matter, without that counsel's consent?
Yes. Rule 4.2's no-contact bar protects only a represented party to the matter, and a non-party witness is not a party, so defense counsel may interview the witness without the consent of the lawyer…
How should a newly appointed judge unwind property, fees, and insurance shared with a former law partner, and may the judge serve on a foundation board?
West Virginia JIC Opinion 2011-19 directs sale of the shared office interest and severance of reciprocal insurance by January 2013, allows earned fees to be collected before closing the account, and…
A title insurance company I'm an approved attorney for wants unconditional access to my IOLTA account and client files for its audits. Can I give it that access without asking my clients?
No, not for everything. The panel held that a title insurer's unlimited audit access to a lawyer's client files and IOLTA account records, without the affected clients' express or implied consent,…
My firm has an old real estate escrow account that hasn't been touched since 2008, and we're not sure how much of the $122,000 in it is ours versus clients' or third parties'. Can we just close it out and move the money?
No. The panel held the firm must keep the entire amount in an IOLTA account until it determines which funds belong to the firm and which belong to others, disbursing only the portions whose…
Can a Utah lawyer give a financial or charitable gift to an indigent litigation client?
Rule 1.8(e) bars financial assistance in connection with litigation, including paying a client's living expenses, so regular monthly payments to an inmate's commissary account are prohibited; but…
Is there a conflict of interest when a Maine lawyer represents an opposing lawyer as a client in an unrelated matter?
Not automatically. The lawyer must apply Rule 1.7's significant-risk test to decide whether a personal-interest or material-limitation conflict exists; if it does, the lawyer may proceed only with a…
Can a Texas lawyer pay an annual local bar fee, used to supplement court-appointed counsel pay, in exchange for not being regularly appointed to represent indigent family court litigants?
Per the Committee, yes. Paying into a court-linked bar program that funds appointed counsel is not an improper attempt to avoid appointment without good cause under Rule 6.01; the rule's good-cause…
Can a D.C. lawyer accept and keep a referral fee from a nonlawyer service provider, such as a financial services firm, for sending the client there?
The opinion concludes that a lawyer who refers a client to a nonlawyer service provider may accept and retain compensation from the provider for the referral, provided the criteria of Rule 1.7(c)…
Does an attorney’s county commission membership create a conflict whenever that attorney appears before circuit judges served by the county?
West Virginia JIC Opinion 2011-18 finds no conflict from the county commission’s statutory provision of court space and equipment when the commissioner appears as an attorney before circuit court.
May a magistrate hear cases involving an attorney who employs the magistrate’s granddaughter?
West Virginia JIC Opinion 2011-16 calls for disclosure whenever the attorney appears; without objection the magistrate may continue, and with objection the magistrate may voluntarily recuse and send…
Can a New York attorney advertisement portray a fictitious law firm, such as arguing against a made-up opposing counsel?
Yes. An attorney advertisement may portray a fictitious law firm so long as it is not misleading about the association of lawyers in the advertiser's firm. Rule 7.1(c)(2) bars the device only where…
Can a certified law student appear in court for a client without the supervising lawyer physically present, if the client, the lawyer, and the judge all agree?
The Committee concluded that no. Under SCR 49.5, a supervising lawyer who is not part of the William S. Boyd School of Law clinical program cannot be excused from being physically present while a…
Can a lawyer who is also a licensed clinical social worker practice law through the same LLC she set up for her social work practice?
The Committee concluded that yes, an attorney may practice law and operate as a licensed clinical social worker under the same LLC, provided she does not represent the same clients in both…
Can a criminal plea agreement require the defendant to waive all ineffective-assistance-of-counsel claims except those affecting the plea itself?
The Committee concluded that no, a plea agreement may not waive ineffective-assistance-of-counsel claims beyond the plea itself; any waiver must exclude all such claims. Defense counsel has a…
May a lawyer who serves on a company's board of directors prepare an estate plan for a client who wants to name that same company as a beneficiary?
The Committee concluded that no, a lawyer-director should not prepare an estate plan naming that company as a beneficiary, because the lawyer's fiduciary duties to the company and inside financial…
Is it an ethics violation for a lawyer to fail to pay a process server, filing service, or other vendor for costs incurred on a client's behalf?
The Committee concluded that a lawyer's failure to pay a third-party vendor for client costs is generally a contract matter for the courts, not an ethics violation. It becomes professional…
Can a lawyer own and operate a nonlegal ancillary business, such as a medical-management company, and refer the lawyer's own clients to it?
The Committee concluded that a lawyer may own and operate a nonlegal ancillary business so long as the lawyer's conduct conforms to the ethics rules and the business is not a vehicle for improper…
Can a lawyer disburse settlement proceeds from the trust account before the settlement check clears, if the lawyer is willing to cover a bounced check?
The Committee concluded that no, a lawyer may not disburse settlement proceeds (to anyone, including the client) until the check or draft has cleared the banking process and been physically…
Can a lawyer licensed in another state associate with a Nevada law firm to handle transactional matters for Nevada clients?
The Committee concluded that an out-of-state lawyer admitted and in good standing elsewhere may associate with a Nevada lawyer to provide transactional services to Nevada clients, so long as the…
Can a North Carolina lawyer contact a government records custodian to request public records when the government is an adverse party represented by counsel?
Yes. The opinion concludes the no-contact rule (Rule 4.2) does not bar a lawyer from communicating directly with a public-records custodian to request, identify, and inspect records under the North…
Can a North Carolina lawyer keep disputed legal fees in the trust account when the client demands return of entrusted estate funds?
No. The opinion concludes that funds entrusted to a lawyer to be safeguarded or managed, and not designated as payment of a fee, may not be held in trust as 'disputed' funds under Rule 1.15-2(g);…
Must a North Carolina lawyer tell the court when a clerk's error wrongly dismissed the client's charges?
Yes. The opinion concludes that when a lawyer knows a clerk's error dismissed all of his client's charges contrary to the negotiated plea, the lawyer must inform the court or clerk of the apparent…
Can a North Carolina lawyer offer a discounted legal service on a Groupon-style daily-deal website that keeps a percentage of each sale?
Yes. The opinion concludes a lawyer may advertise a discounted service on a 'deal of the day' or group-coupon website, and the percentage the website keeps is the cost of advertising rather than…
Can a lawyer take part in a home sale where the price is grossed up to match a seller's concession, if every document discloses both the concession and the gross-up?
Yes, but only with full disclosure. A lawyer may participate in a residential sale that grosses up the price to offset a seller's concession only if every document stating the price discloses that…
Can an out-of-state lawyer provide debt settlement services to Ohio clients found through the internet under the temporary-practice rule?
The opinion concluded that an out-of-state lawyer is not authorized to provide debt settlement legal services (investigation, negotiation, and other nonlitigation activities) on a temporary basis in…
Can a solo practitioner use her spouse's law firm address and phone number as her own contact information, and does occasionally using the firm's office make her part of the firm for conflicts?
A solo practitioner may not list her spouse's firm address and phone number as her own where the phone is answered in the firm's name, unless she takes steps to dispel the impression that she is…
Can a lawyer offer to refund all legal fees if a traffic or other Vehicle and Traffic Law charge is not dismissed or reduced?
The ban on contingent fees in criminal matters does not reach simple traffic infractions, which the Vehicle and Traffic Law deems noncriminal, but it does reach VTL violations that are misdemeanors…
Is a lawyer who is representing himself, or who is a represented party, bound by the no-contact rule when communicating with an opposing party who has counsel?
Yes. A lawyer who is a party to a matter, whether appearing pro se or represented by his own counsel, is subject to Rule 4.2's no-contact rule. He may not communicate directly with a counterparty he…
Does a Colorado judge's report of attorney misconduct automatically require recusal from that lawyer's cases?
No. The judge must assess actual bias and whether an informed observer would reasonably question impartiality. If recusal is warranted, a case bearing the reported lawyer's name on a pleading is…
May a Connecticut medical-malpractice settlement restrict contact with regulators and public discussion of the provider's services?
Rule 3.4(6) requires any clause to preserve voluntary sharing of relevant facts with other parties in the case. The Committee found no practice restriction but declined to decide the…
May a Connecticut lawyer allow a title insurer to audit the firm's real-estate IOLTA account, bank statements, and files for transactions insured by that company?
Yes. Disclosure for the insured transactions is impliedly authorized, but information involving other title insurers must be redacted, and client identities may be masked with initials or numbers.
Must a Connecticut lawyer report known opposing-lawyer trust-account misconduct when the information relates to the reporting lawyer's client representation?
The conduct otherwise meets Rule 8.3(a)'s reporting threshold, but Rule 8.3(c) makes confidentiality controlling. The lawyer may not report without the client's informed consent and must explain the…
When a lawyer serves as a volunteer mediator, must the lawyer disclose to the parties that he or she is a lawyer?
Sometimes. Rule 2.4(b) requires a lawyer serving as a third-party neutral to tell unrepresented parties that the lawyer is not representing them and, where a party does not understand the role, to…
Does a state attorney representing the Department of Revenue in Title IV-D child support cases owe duties of loyalty or confidentiality to the parents involved?
No. By statute the lawyer represents only the Department, not the parents, so no duties of loyalty or confidentiality run to the parents, and there is no conflict in later proceeding against a…
May a judge and spouse buy foreclosed property at a judicial sale arising from a case handled by the judge's court?
The committee permitted the proposed purchase on the stated facts: the judge had no role in the case, obtained information through public channels, would not bid personally, and did not know the…
May a magistrate volunteer for an informal city water-system advisory committee?
West Virginia JIC Opinion 2011-15 advises against service because the city is likely to be involved in proceedings before the magistrate or other courts, despite the committee’s lack of formal…
What can a lawyer licensed in another state or country do in a Virginia law firm without being admitted in Virginia?
A non-Virginia lawyer may work in a Virginia firm or keep a continuous Virginia office if limited to federal practice that does not require Virginia admission or to the law of a jurisdiction where…
What may a lawyer post on the firm website: former partnership positions in other firms, and favorable quotes from a lawyer-rating publication?
A lawyer may accurately list former partnership positions in other firms in a website biography, and may quote bona fide professional ratings or favorable comments from a ratings publication,…
Can lawyers who belong to two or more law firms avoid imputing each firm's conflicts to the others by screening and limiting one firm's practice?
No. When a lawyer is associated as a partner, associate, or of counsel with more than one firm, all of those firms are treated as one for conflicts, so every firm's conflicts are imputed to all of…
Can a Texas lawyer label a fee a non-refundable retainer when it actually pays for legal services up to trial, and deposit it in the operating account?
Per the Committee, no. A true non-refundable retainer pays only to secure the lawyer's availability and preclusion of other work, and only that may go in the operating account. A payment for future…
Must a judge recuse from State Police cases after the judge's spouse becomes a major overseeing the zone that includes the judge's court?
The committee said yes for cases involving State Police officers within the spouse's zone, despite finding no actual conflict on the described duties. It found a reasonable appearance of bias and…
Can a plaintiff's lawyer personally agree to indemnify and hold the opposing party harmless against unpaid medical liens as a condition of a personal injury settlement, and can opposing counsel demand it?
No. The opinion concludes that a plaintiff's lawyer personally agreeing to indemnify the opposing party against any and all third-party lien claims violates Rules 1.7(a) and 1.8(e), and that asking…
May a Maryland judge’s name appear on an invitation to join a nonprofit legal-services alumni committee?
Yes. The Committee permitted the judge’s name among other members on the letterhead of a membership invitation, where the judge did not sign it or directly solicit contributions and the organization…
Must a judge report suspected serious lawyer misconduct to the bar, and does filing a complaint require recusal?
The Commission says Canon 3B(3) requires appropriate action but does not expressly mandate a bar report. Filing a complaint does not automatically disqualify the judge; the circumstances must…
Must a lawyer who receives a party's private emails with their own counsel notify opposing counsel?
Not under the Model Rules. The opinion concludes that emails an employer retrieved from an employee's workplace computer were not 'inadvertently sent,' so Rule 4.4(b) does not apply and no Model…
Can a Texas lawyer take a contractual security interest in the client's cause of action to make sure the lawyer's contingent fee gets paid?
Per the Committee, no. Rule 1.08(h) bars a lawyer from acquiring a proprietary interest in the subject matter of litigation except a contingent fee under Rule 1.04 or a lien granted by law. A…
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.