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 a paralegal or non-attorney legal assistant sign routine correspondence to clients, adverse attorneys, or courts in New Jersey?
Yes, for routine non-substantive correspondence. Modifying Opinion 611, the Committees concluded a supervised paralegal may sign routine, non-substantive correspondence if the paralegal's…
May judges participate in proposed child-welfare stakeholder meetings with agencies and witnesses who appear in their courts?
West Virginia JIC Opinion 2011-07 refuses to approve the proposed judge-led meetings and says the described participation would violate the Code because agency representatives and witnesses…
May a judge hear cases involving an attorney the judge sued for wrongful discharge 13 years earlier, or that attorney’s spouse and law partner?
West Virginia JIC Opinion 2011-06 permits the judge to hear both categories of cases and finds no duty to raise a conflict on the facts described.
May a judge’s law clerk research or draft matters involving the clerk’s attorney fiancé, and what about the fiancé’s colleague?
West Virginia JIC Opinion 2011-05 requires a complete separation of the law clerk from every case involving her fiancé and leaves the colleague question unanswered for lack of facts.
How should a judge handle an attorney married to a probation officer, a law clerk living with an attorney, and a former paralegal now on court staff?
West Virginia JIC Opinion 2011-04 approves screening the probation officer from the spouse’s cases with disclosure, applies law-clerk spouse procedures to a cohabiting attorney partner, and says no…
What limits apply to a judge’s spouse’s hospice, bank and political roles, and to payments owed by the judge’s former firm?
West Virginia JIC Opinion 2011-03 advises against the spouse’s hospice CEO and political club officer roles, allows her bank board role with judge recusal in bank cases, and permits five-year…
Can in-house general counsel make staff attorneys sign a confidentiality agreement as a condition of employment?
Yes, even one that on its face reaches information beyond what the Rules protect, so long as it includes a savings clause making plain it does not restrict the lawyer's right to practice law after…
Can a lawyer have a paralegal hand-deliver law firm name-change announcements to nearby homes?
Yes, but only without personal contact. The announcement is an advertisement and a solicitation, so a paralegal who leaves it on a door or porch is fine, but a paralegal who comes into personal…
Can a lawyer agree to represent a criminal defendant for arraignment only and then withdraw?
Yes, a lawyer may limit a criminal representation to arraignment if the client gives informed consent, the scope is reasonable, and it is not prejudicial to the administration of justice. But the…
Can a lawyer who sits on a town council represent a client challenging the constitutionality of an ordinance the lawyer voted to adopt?
There is no per se bar. Because the lawyer participated personally and substantially in adopting the ordinance, Rule 1.11(b) requires consent from both the client and the government agency, and the…
I'm calling the testator's treating physician as both a fact witness and an expert on competency in a will contest. Can I pay the physician for the expert testimony?
Yes. The panel held that compensating a treating physician for expert opinion testimony is not a prohibited inducement to a witness under Rule 3.4(b), even where the same physician will also give…
May a Connecticut lawyer consulted for a second opinion contact the client's counsel of record without the client's informed consent?
No. Seeking a second opinion does not impliedly authorize disclosure to counsel of record, particularly when the client may not want existing counsel to know about doubts concerning the representation.
May a Connecticut lawyer hire an investigator to send a social-media friend request to an opposing party to obtain nonpublic litigation evidence?
No. For a represented party the request is prohibited contact, and for any adverse party the undisclosed litigation purpose is deceptive; the investigator's conduct is attributed to the lawyer.
May a Connecticut lawyer back up information relating to client representations online?
Yes, if the backup safeguards client property and protects representation information from unauthorized disclosure. The lawyer needs a basic understanding of digital risks and storage locations.
May a Connecticut lawyer accept a modest, voluntary bonus that a grateful client sends after paying the legal bill in full?
Yes, on the limited assumed facts. The bonus was entirely voluntary, unexpected, and unsolicited, and the Committee found no Rule prohibiting its acceptance.
Can a lawyer refer litigation clients to a litigation financing company owned by the lawyer's spouse?
No, not to provide financial assistance the lawyer is personally barred from giving. Rule 1.8(e) bars a lawyer from advancing or guaranteeing living-expense funds to a litigation client, and that…
Must a lawyer report a former employer-lawyer's misconduct, and can the lawyer tell that lawyer's clients?
A lawyer must report another lawyer's misconduct under Rule 8.3(a) when it raises a substantial question about that lawyer's honesty, trustworthiness, or fitness and reporting reveals no…
Must a judge recuse when a party’s complaint against the judge is under full investigation during the pending case?
Yes on the stated facts. The Commission says the judge’s exposure to investigation materials during the case creates a reasonable question about impartiality; filing a complaint alone does not…
Can a law firm keep a name partner's name in its name after that partner leaves to become a corporation's in-house counsel?
No. A partner who leaves to practice as in-house counsel is not 'retired' under Rule 7.5(b), and the firm cannot keep his name by treating him as on open-ended leave or as of counsel while he…
When a partner leaves a Texas firm to start his own practice, can the remaining lawyers keep his name in the firm name if he consents?
Per the Committee, no. A lawyer who leaves to keep practicing independently is not a retired or deceased member, so Rule 7.01(a)'s exception does not apply; keeping his name violates Rule 7.01(a)…
Can a lawyer discuss a client's matter with a mentor or on a professional listserv outside the firm, and must the consulted lawyer check for conflicts first?
A lawyer may consult an outside lawyer or a listserv but must protect client confidentiality under Oregon RPC 1.6: general or genuinely hypothetical questions are fine, but if the facts could reveal…
Must a judge recuse when a retired former judicial colleague appears as an attorney?
Nebraska Judicial Ethics Opinion 11-1 said former judicial service together does not by itself require recusal; each judge must consider whether a close relationship or bias affects impartiality.
Can a plaintiff's lawyer personally agree, as a settlement condition, to indemnify the defendant against third-party claims to the settlement money, and can a defense lawyer demand it?
The opinion concluded that it is improper for a plaintiff's lawyer to personally agree, as a condition of settlement, to indemnify the opposing party against any and all third-person claims to the…
Can a plaintiff's lawyer agree to personally indemnify the client's Medicare lien or other third-party obligation to settle the case?
No. A lawyer's promise to indemnify a client's obligation to a third party (such as a Medicare lien) as part of a settlement is a barred guarantee of financial assistance under Rule 1.8(e), which…
May a retired magistrate serving part time as a pro tempore judge also serve as an alternate municipal judge?
The committee read Rule 21-500 to allow both part-time judicial roles, provided the alternate municipal judgeship did not conflict with the hours or duties of the pro tempore magistrate service.
May a Utah judge perform a marriage for a lawyer or party with a pending case, or for their relative?
Yes. The Committee said those marriages are generally permitted, while cautioning that a ceremony likely to affect a pending case can raise public-confidence concerns.
Can a Florida lawyer disclose a deceased client's confidential information to the estate's personal representative, beneficiaries, or heirs?
It depends on the circumstances. A lawyer may disclose confidential information to serve the deceased client's interests unless the client previously instructed otherwise, and doubt should be…
Which employees of an opposing organization can a lawyer contact directly under Rule 4.2 during litigation?
Only employees with managerial authority to speak for and legally bind the organization are off-limits under Rule 4.2. The opinion adopts the narrow managing-speaking-agent test, so other employees…
Does a lawyer have to give a former client the original file, or can the lawyer keep the original and give a copy?
The original. The opinion concludes the file belongs to the client, so the lawyer must provide the original file (not a copy) to the client or new counsel on request; the lawyer may keep a copy at…
May a Wyoming judge publicly advocate increasing the maximum sentence for repeat DUI?
The majority in Wyoming JEAC Opinion 2011-01 says the judge should not publicly take a position on the proposed repeat-DUI sentence change, but may provide factual experience with the law. A dissent…
Can a North Carolina lawyer advertise in a practice area where he lacks experience if he plans to associate experienced counsel?
Yes, with limits. The opinion concludes a lawyer may advertise for work in an area he lacks experience in only if he intends to promptly become competent by study and investigation, or to associate…
Can a North Carolina lawyer represent a criminal defendant when the lawyer must cross-examine a current (or former) client who is a prosecuting witness?
Generally no. The opinion concludes that if a lawyer must cross-examine a current client who is a prosecuting witness, the lawyer has a concurrent conflict under Rule 1.7 that is usually…
Can a North Carolina lawyer sell financial products and services to his own legal clients through an ancillary business and earn fees or commissions?
Yes, with safeguards. The opinion concludes a lawyer may provide financial services to his legal clients through a separate ancillary business and receive fees or commissions, because the 2003…
When a lawyer or law clerk moves firms, can they share which clients and matters they worked on so the new firm can check conflicts?
Yes. The opinion concludes a hiring firm may ask an incoming lawyer or former law clerk to identify prior client matters to detect conflicts, with disclosure limited to what is reasonably necessary;…
Can a lawyer list membership in a self-laudatory organization like the Million Dollar Advocates Forum on firm letterhead, and is a disclaimer required?
The opinion concludes letterhead is a communication about the lawyer's services subject to Rule 7.1, so a lawyer may list a self-laudatory membership on letterhead only if the organization meets the…
Can a personal injury firm charge for home or hospital visits on top of a contingency fee if it advertises free consultations?
The opinion concludes a firm may charge the actual travel expense of an out-of-office consultation in addition to a contingent fee, but may not charge a flat amount untethered to actual cost, and…
Can a lawyer who represented a party in a partition case then serve as the court-appointed commissioner who sells or divides the property?
The opinion concludes a lawyer may serve as commissioner for a partition sale only after terminating the representation, with the client's written informed consent and a finding the lawyer can act…
Can a lawyer contact a former client directly to collect fees or get the file when the client now has new counsel?
Not without successor counsel's consent, the opinion concludes. Rule 4.2 bars a lawyer, even one acting pro se on her own behalf, from contacting a former client she knows is represented by new…
When can a lawyer disclose a decedent's estate information to the named beneficiaries without the current client's consent?
Information that is 'generally known' (the death, the lack of a probate filing) may be disclosed, but details learned only through the representation stay confidential. As the decedent's former…
Can a lawyer advise a client to ask a represented adverse party to do something, and can the lawyer hand that party a document to sign?
A lawyer may advise her client to urge a represented adverse party to take action (here, release an attachment) without violating Rule 4.2 or Rule 8.4(a), because parties may communicate directly.…
What must an appointed criminal defense lawyer do after learning the client lied about being indigent to get a court-appointed lawyer?
The lawyer must urge the client to correct the false affidavit. If the client refuses, the lawyer may serve without compensation; if unwilling to do that, the lawyer must seek to withdraw and…
Can a lawyer withdraw and dispose of escrowed settlement property when the client stops responding and the settlement cannot be completed?
The client's silence is good cause to withdraw under Rule 1.16, but the lawyer also holds escrowed property as a fiduciary to both sides. The opinion has the lawyer notify both parties and, failing…
Can a law firm's advertisement include a photo of the whole firm, including paralegals and other nonlawyer staff?
Yes, if the ad as a whole is not misleading. A firm photo that includes nonlawyer employees is permitted under Rule 7.1 so long as it does not create a false impression about the firm's size, its…
Can a firm keep a former partner's name in the firm name after he leaves to become a company's general counsel?
No. A former partner who continues to practice law elsewhere, such as a corporation's general counsel, has not 'retired' under Rule 7.5(b), so keeping his name in the firm name is misleading and…
Can a lawyer who represents a bank in a vendor financing program also represent the equipment vendor in that program?
Yes, with informed written consent. The bank and the vendor have differing interests on the lease terms (the vendor wants to close the deal, the bank wants its credit standards met), so Rule 1.7 (or…
Must a Connecticut lawyer convey a settlement offer containing confidentiality terms, and may the offer bar discussion of the claim's facts?
Terms-only confidentiality is permissible and the offer must be conveyed. In litigation, opposing counsel may not condition settlement on the plaintiff withholding relevant facts from other parties;…
Does a judicial candidate need a campaign committee when paying all campaign costs personally?
West Virginia JIC Opinion 2012-01 says no committee is required when the candidate uses only personal money or assets; accepting money from any other source, including family or friends, requires a…
Can a Maine lawyer put a jury-trial waiver for future lawyer-client disputes in the engagement letter?
Yes, but only with safeguards. The Rules do not prohibit a jury-waiver clause for future lawyer-client disputes, but the client's informed consent must be confirmed in writing and the client must be…
May a recalled Maryland judge serve on a county task force reviewing government oversight mechanisms?
Yes. The Committee permitted service on the purely advisory task force and related public-hearing appearances, subject to limits on judicial duties, executive or legislative power, and possible…
May a Maryland judge hire a law clerk who holds an unpaid elected party central-committee seat?
Yes, on the stated facts, if the clerk’s political work does not conflict with court duties and the judge advises the clerk to make clear that the political activity does not reflect the judge’s…
Must a judge recuse from a new case involving the son and former codefendant of a person the judge represented before taking the bench?
West Virginia JIC Opinion 2011-02 directs the judge to assess recusal under former Canon 3E on the available facts and to follow the motion procedure if a party seeks disqualification; it does not…
May a temporary family court judge mediate a custody case in a county where the judge also sits?
West Virginia JIC Opinion 2011-01 advises against mediation in the same county because mediator actions or statements could appear to signal later judicial action.
Can a Texas lawyer privately lobby members of a state agency's board about a proposed rule, and about a permit the lawyer's client plans to seek under that rule?
Per the Committee, ex parte contact about a proposed regulation is allowed because the board is acting legislatively, but once the client decides to seek a permit the matter is pending and Rule 3.05…
May a lawyer for a congressional committee subpoena a witness who has said in advance that he will invoke the Fifth Amendment to every question?
The opinion declines a request to vacate Opinion 31 (1977) and concludes that, under the D.C. Rules as under the former Code, a lawyer for a congressional committee violates the Rules by compelling…
When an insurer asserts a PIP subrogation claim to settlement funds but the client tells the lawyer to pay only the client, what must the lawyer do with the money?
The committee concluded the lawyer must hold the disputed funds in trust or interplead them until the client-insurer dispute is resolved, because the insurer's specific, non-frivolous contractual…
Must a criminal defense lawyer give a former client a copy of redacted discovery from the file after sentencing, on request?
The lawyer must surrender the file a former client is entitled to under RPC 1.16(d), but for discovery materials that obligation is conditioned on first complying with the criminal-rule restrictions…
May a Vermont defense lawyer contact non-board condominium members when the association has counsel in the litigation?
Opinion 2011-5 permits direct contact with non-board members who do not direct, bind, or speak for the represented association in the suit, while requiring attention to Rule 4.3 when dealing with…
Can a lawyer represent a client who uses third-party (non-recourse) litigation funding?
The opinion concludes it is not unethical per se, but the lawyer must be alert to several issues: candid advice on costs and alternatives under Rule 2.1, possible waiver of privilege from sharing…
Can a law firm store client files with a third-party online vendor, such as in the cloud, and access them remotely?
Yes, qualified. The opinion concludes a lawyer may store client materials on a third-party server if the lawyer meets the duties of competence and confidentiality by taking reasonable steps to…
Must a lawyer scrub metadata before sending a document, and can the receiving lawyer mine it or use special software to uncover it?
The sending lawyer must use reasonable care to avoid disclosing confidential metadata under the competence and confidentiality rules; the receiving lawyer may use metadata that is readily accessible…
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.