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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Can an insurance company's staff defense lawyer share office space with a non-lawyer adjuster from the same company who evaluates coverage on the lawyer's cases?
Per the Committee, yes, if the lawyer protects client confidences. The Rules do not bar a staff insurance lawyer from sharing office space with a non-lawyer adjuster, but the lawyer must take all…
Can a legal aid lawyer represent a client in a custody case against someone the same organization represented before, represents now, or screened but rejected for the same matter?
Per the Committee, it depends on the role. Against a former client in an unrelated matter, representation is allowed if there is no reasonable probability of misusing the former client's…
In a malpractice case, can a lawyer tell the client's treating physician not to talk to opposing counsel after privacy and privilege bars are lifted?
The opinion concludes that under D.C. Rule 3.4(f) a lawyer may not request or instruct a client's non-party treating physician to refrain from giving information to, or speaking with, opposing…
When moving to withdraw, can a lawyer tell the court the client won't cooperate, won't pay, or has stalled discovery?
No, qualified. The opinion concludes those reasons are usually protected client information, so a lawyer cannot volunteer them in a withdrawal motion; a mere dispute or nonpayment is not yet a…
Does a stranger who sends an unsolicited email become a prospective client the lawyer owes confidentiality to?
The opinion concludes that a person who sends a unilateral, unsolicited communication has no reasonable expectation that the lawyer is willing to discuss forming a relationship, so the duties owed…
Can a plaintiff's lawyer agree to indemnify the defendant's insurer against unpaid liens as a condition of settling the case?
No. Agreeing to indemnify the insurer for the client's unpaid liens is improper financial assistance under Rule 1.8(e) and creates a non-waivable conflict under Rule 1.7(a)(2). It is also a Rule…
Can a criminal defense lawyer advise a client to accept a plea deal that waives the right to claim ineffective assistance, and can a prosecutor require it?
No to both. A defense lawyer cannot ethically advise a client to waive future ineffective-assistance claims because of a non-waivable conflict between the lawyer's interest and the client's (Rules…
Can a lawyer take a case on a contingent fee when the client has already retained a non-testifying expert who is paid a percentage of the recovery?
Yes. There is no ethical barrier to a lawyer agreeing to a contingent fee where the client has separately retained a non-testifying expert who is also paid a percentage of the recovery, because the…
Can a lawyer who defends criminal cases in town court also take a part-time job prosecuting traffic offenses in the same county?
No. A lawyer who prosecutes traffic and other offenses for a locality represents the people of the state, which is inherently incompatible with defending criminal cases anywhere in New York. The…
Can a North Carolina lawyer let a non-employee, non-affiliate, or a client send a letter on the firm's letterhead?
No. The opinion concludes a lawyer may not let a person who is not employed by or formally affiliated with the firm, including a client, send a letter on the firm's letterhead, because it creates…
Can a North Carolina law firm use a live chat support service on its website without violating the solicitation rules?
Yes. The opinion concludes website live chat is not prohibited solicitation under Rule 7.3(a), because that rule reaches only lawyer-initiated real-time contact and here the website visitor…
Can a North Carolina lawyer represent the lender in a contested foreclosure when his spouse and paralegal own the corporation appointed as substitute trustee?
No. The opinion concludes that the lawyer's indirect financial interest in the corporate substitute trustee, through a spouse and paralegal who own its stock, makes the corporation appear to be the…
I deposed a former employee of the defendant corporation, and she had her own lawyer at the deposition. Can I meet with her ex parte now, without going through that lawyer?
No. The panel held that because the former employee was represented by counsel at her deposition in the lawsuit, Rule 4.2 requires the inquiring attorney to get that lawyer's consent before…
May a judge appear in an architectural firm’s video promoting courthouse renovations?
Nebraska Judicial Ethics Opinion 11-3 disallowed the judge’s participation because the firm’s video risked advancing its private interests through the prestige of judicial office.
Can a part-time assistant district attorney also defend criminal cases in private practice, and what happens to the lawyer's firm?
The revised opinion concludes that a part-time assistant district attorney cannot represent state criminal defendants anywhere in Wisconsin, and that the conflict is imputed to the lawyer's private…
Can a lawyer who is changing firms tell the prospective firm which clients and matters he has worked on so the firm can run a conflicts check, without breaching client confidentiality?
Per the Committee, yes, within limits. Rule 1.05(c)(4) permits the disclosure as necessary to comply with the conflicts rules (1.09 and 1.10) if four conditions are met: disclosure comes only after…
May a circuit judge hear an abuse case involving parents the judge encountered earlier as family court judge?
West Virginia JIC Opinion 2011-12 says the judge may continue where no party objected and the matters differed, but should consider disqualification in light of prior Supreme Court directions.
May a magistrate participate in a homemaker-services business with a spouse and another couple?
West Virginia JIC Opinion 2011-11 allows participation only within former Canon 4D(3)’s closely held business limits and notes possible separate court administration consent for outside work.
Can an attorney serve at the same time as county counsel and as mayor of a strong-mayor municipality in the same county?
No. The Committee found a per se conflict when an attorney serves both as county counsel and as mayor of a constituent Faulkner Act 'strong-mayor' municipality, so the attorney may not hold both roles.
Can a lawyer condition a settlement on the client agreeing not to file, or to withdraw, an ethics grievance against the lawyer?
No. The Committee concluded that demanding, as a condition of settlement, that a client not file or withdraw an ethics grievance is prejudicial to the administration of justice and violates RPC…
What must a Colorado lawyer do in a civil case after learning that the lawyer, the client, or a witness gave the court false evidence?
The opinion concludes that under Colo. RPC 3.3 a lawyer who knows material evidence is false must take reasonable remedial measures: first remonstrate confidentially with the client, then, if…
May a local bar foundation pay juror costs to preserve a circuit court’s jury-trial schedule?
Yes, on the stated facts. The Commission says anonymous foundation support would not create a connection to particular lawyers that reasonably questions judicial impartiality.
Can a lawyer offer a prize as an incentive for people to connect with the lawyer on Facebook, LinkedIn, or other social networking sites?
Yes, assuming the prize offer is not itself illegal. But if the offer's primary purpose is retention of the lawyer, it becomes an advertisement subject to Rule 7.1, and if it is also targeted at…
One of my clients told me not to pay a third party out of his settlement funds, but the third party says she's owed money out of those same funds. What do I do with the money, and can I keep representing both people?
The panel held the attorney must hold the disputed amount in trust (or pay it into the court registry and let a court decide) rather than side with either party, and that continuing to represent…
Could an Illinois judge accept appointment to the University of Illinois Board of Trustees?
No. The Committee concluded that the state university trusteeship was a public office barred by the Illinois Constitution and involved policy matters outside the law-related appointments permitted…
Can a lawyer use a nickname or an English translation of a foreign first name on business cards and a firm website instead of the name on the Roll of Attorneys?
Yes, as far as the Rules of Professional Conduct are concerned, so long as the name used is not misleading as to the lawyer's identity. But the lawyer must separately comply with the statutes, court…
What can a D.C. lawyer do with money sitting in a client trust account when the client cannot be located?
The opinion concludes that after reasonable but unsuccessful efforts to locate a missing client, a lawyer should presume the client's trust account monies abandoned and, where the D.C. Unclaimed…
Can a lawyer who once represented a wife take on the husband in their later divorce, when the prior matter was a different family-court case?
Only with the former client's informed written consent if the two matters are substantially related. They are substantially related when a reasonable lawyer would see a substantial risk that…
Can a lawyer set up a mutual referral arrangement with a debt-reduction company and charge clients a contingent fee based on the debt reduced?
Yes to both, with conditions. A non-exclusive reciprocal referral arrangement with a debt-reduction company is permitted, and the limited relationship here does not make the lawyer 'affiliated' with…
Can a solo lawyer name the practice 'The Smith Tax Law Firm' to show a practice area, and may a solo use the word 'Firm' in the name?
No to the practice area: including an area of law in the firm name (like 'Tax') makes it an impermissible trade name that misleadingly implies an officially recognized category of 'tax law firms.'…
Can one lawyer represent both a corporation and its sole owner when a fraud claim is brought against the owner personally?
Yes, on these facts. Because the president is the corporation's sole shareholder, director, and officer, the two do not have 'differing interests' under Rule 1.7; they are united in prosecuting the…
Can two different lawyers at the same firm represent both the mortgage lender and the seller in the same residential real estate closing?
Only in limited circumstances. The representation always involves differing interests under Rule 1.7(a)(1), so the firm may proceed only if each lawyer reasonably believes they can give competent…
May a judge hear cases involving a lawyer who rents space in a family-owned building in which the judge holds an interest?
No. The Commission says the financial benefit from the lawyer’s rent or upkeep payments requires nonremittable recusal, and a regular-appearance arrangement also bars the judge’s continued property…
May a judge serve ex officio on a nonprofit Safety Council board if the judge is omitted from fundraising materials?
Nebraska Judicial Ethics Opinion 11-2 allowed ex officio Safety Council board service on the stated facts, subject to fundraising limits and regular review of the organization’s activities.
Can a lawyer disclose a client's confidential information to prevent harm or a crime, and is information learned after the representation ended still confidential?
A lawyer is permitted, but not required, to disclose a current or former client's confidential information when the lawyer reasonably believes it necessary to prevent reasonably certain death or…
Can a Kentucky lawyer help a client obtain pre-settlement litigation funding during a case, charge for the help, and must the lawyer honor the client's promise to repay the lender from any recovery?
A lawyer may help a client identify a third-party lender and facilitate funding (the lawyer may not lend the money personally), may charge for services beyond the original engagement, and must hold…
May a magistrate serve as a community member of a county extension service advisory committee?
West Virginia JIC Opinion 2011-10 permits service on the described county extension service committee under former Canon 4’s civic activity limits.
May a judge’s spouse remain president and CEO of a hospice that raises funds?
West Virginia JIC Opinion 2011-09 permits the spouse to remain in the role if the judge stays entirely separate from the hospice fundraising activities.
What must a California firm do before and after hiring a nonlawyer employee (law clerk, secretary, investigator) who may have been exposed to confidential information about an adverse party at a prior employer?
The hiring firm must reasonably investigate prior exposure without probing the substance, instruct the new employee on confidentiality, and timely screen the employee from any matter where the…
After Estate of Schneider v. Finmann, can the lawyer who drafted a decedent's estate plan also represent the executor administering that estate?
Yes, as long as the lawyer does not perceive a colorable legal malpractice claim against himself arising from the estate planning. If such a claim is apparent at the outset or arises during the…
Can a New York lawyer share a personal injury fee with an out-of-state lawyer who is not admitted in New York?
Yes, if the split meets Rule 1.5(g): proportional to each lawyer's work or a written assumption of joint responsibility, the client's written consent after disclosure of the division, and a total…
If a lawyer admitted only in another state practices immigration law from a New York office, what must her letterhead and business cards say?
Assuming she may practice and the New York Rules apply, her letterhead and business cards must state that she is admitted only in her licensing state and that her New York practice is limited to…
Can a part-time assistant public defender take an assigned-counsel case that another lawyer in the same public defender office is conflicted out of?
No, not without a valid waiver. A public defender office is a 'firm,' so one assistant public defender's Rule 1.7 or 1.9 conflict is imputed to every lawyer in the office, including part-timers in a…
What must a lawyer do in a criminal appeal when the client has directed an appeal but cannot be contacted?
The lawyer must make a reasonable inquiry to locate and contact the client and, where the client previously directed an appeal, must file the notice of appeal and points on appeal; the lawyer may…
Is a collaborative law four-way disqualification agreement, which requires lawyers to withdraw if negotiations fail, ethically permissible?
Yes. The opinion concludes the four-way disqualification agreement does not per se violate the Alaska rules, because Rule 1.2(c) permits limiting the scope of representation; the client must give…
Can a Virginia criminal defense lawyer, or an agent, secretly record an interview with an unrepresented third-party witness, and must the lawyer disclose his role?
The opinion concludes a criminal defense lawyer (or an agent) may use lawful undisclosed recording to preserve a witness's statement without violating Rule 8.4(c), reversing the old near-blanket…
If a lawyer suspects the client paid the retainer with fraudulently obtained money, can the lawyer keep the refundable unearned portion in trust instead of returning it, where no one has claimed the funds?
Per the Committee, no. With no claim asserted by anyone, Rule 1.14(b) requires the lawyer to return the refundable unearned fee to the client and account for it; the lawyer's suspicion about the…
Can the New York office of a multistate firm use a trade name, and can a New York PLLC be owned by an out-of-state PLLC?
No to the trade name: a New York office may not practice under an initials-based trade name or a name combining a partner's name with a trade name. Yes to the ownership question, if all owners of…
Must Maryland judges recuse when a lawyer appearing before them is a county commissioner with some court-budget authority?
No, on the stated facts. The Committee found that the commissioner’s shared budget authority did not create a personal financial relationship with the judges, though litigation about the…
Can a law firm pay a nonlawyer business developer a percentage of grants its clients are awarded?
It depends on whether the grant writing is legal services. If it is, Rule 5.4(a) bars paying the nonlawyer a percentage of grants and Rules 7.1, 7.2, and 7.3 limit the marketing. If it is distinct…
May a magistrate make recurring donations to a county Democratic organization’s headquarters?
West Virginia JIC Opinion 2011-08 says former Canon 5C(1)(a)(iii) permits a contribution to the described political organization, subject to the Canon’s “except as prohibited by law” qualification.
Can a Maine lawyer personally sign a hold-harmless or indemnification agreement to settle a client's personal injury claim?
No. The opinion concludes it is improper for an attorney to personally indemnify or hold an adverse party or insurer harmless against liens and subrogation claims as part of settling the client's…
Can a North Carolina criminal-defense lawyer advise an undocumented client to pay bond, seek a continuance, and appeal a DWI when those steps may lead to deportation or dismissal?
No violation. The opinion concludes a lawyer may advise an undocumented criminal defendant of the legal option to pay his bond and face possible deportation, may move to continue the trial, and may…
If a former client waits to object to her old lawyer's adverse representation, must the lawyer withdraw under Rule 1.9?
Not necessarily. The opinion concludes that although mere delay is usually not a waiver of a former client's right to object under Rule 1.9(a), a former client's failure to object in time can amount…
When is a North Carolina lawyer a 'necessary witness' who must withdraw as trial advocate under Rule 3.7, and does the bar reach pretrial work or self-representation?
A lawyer is a 'necessary witness' under Rule 3.7 when the testimony is relevant, material, and unobtainable by other means; the lawyer must keep evaluating this as the case develops and must…
When can a lawyer ethically agree to a flat fixed fee to handle an indeterminate amount of legal work, including insurance defense work?
Flat fixed-fee contracts are allowed if the fee is reasonable and the lawyer still provides competent, diligent representation. Risk rises as the work becomes indeterminate and a third party pays; a…
Does a lawyer presenting a forms seminar create a lawyer-client relationship, and may law students help attendees fill out the forms?
If the lawyer gives only legal information, no lawyer-client relationship forms and students may help complete forms; if legal advice is given, the program must run under SCR Chapter 50 supervision…
May a Maryland Orphans’ Court judge serve on the board of a nonpartisan county business organization?
Yes, for the unpaid advisory role described, without fundraising or lobbying, provided the judge’s service does not interfere with judicial duties or cause frequent disqualification and the…
May a Maryland judge be president of a civic organization whose main public event raises funds?
Not if the president’s visible role in introducing fundraisers and thanking donors amounts to prominent participation in fundraising, even without personally asking for donations.
Can a part-time government social services lawyer defend, in private practice, a client the agency is prosecuting for child neglect?
No. A part-time Social Services lawyer who prosecutes neglect cases cannot also defend that client in an unrelated criminal matter; the role conflict is non-consentable and is imputed to the whole…
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.