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 lawyer for an insolvent corporation tell the corporation's creditors that the owner-manager is breaching his fiduciary duty, when the owner has told the lawyer to stay silent?
Per the Committee, only in narrow circumstances. The lawyer may reveal the advice to creditors only if the breach results in fraud by the corporation, the lawyer has tried and failed to dissuade the…
When an associate leaves a Maine firm, who has to keep the client's file for the 8-year retention period?
Rule 1.15(f) does not assign file-retention responsibility to either the departing attorney or the former firm; it requires that one of them return or safeguard, for at least 8 years, the…
Is there a conflict of interest if a lawyer only suspects, but cannot identify, that some other client might oppose a new client's matter?
The opinion concludes that Rule 1.7(b)(1) requires disclosure and informed consent of all affected clients when, at the start of a specific matter, the lawyer knows an identifiable second client…
Can a North Carolina lawyer join a commercial barter exchange and accept barter dollars for legal work?
Yes, with conditions. The opinion concludes a lawyer may participate in a barter exchange as long as the exchange exercises no influence over the lawyer's professional judgment, the exchange's…
Can a lawyer render a title opinion by tacking to a mortgagee's title policy, and is that an ethics question?
The opinion concludes the standard of care for tacking is outside the Ethics Committee's purview and withdraws the part of RPC 99 that addressed it; whether tacking to an owner's or a mortgagee's…
Can a closing lawyer place a client's title insurance with an agency owned by the lawyer's spouse?
No. The opinion concludes that placing a client's title insurance with an agency in which the lawyer's spouse has an ownership interest is a personal conflict of interest under Rule 1.7(a)(2) that…
What ethical duties does a lawyer take on by receiving or paying a referral fee in Wisconsin?
The opinion concludes that under SCR 20:1.5(e)(3) a referring lawyer who shares a fee assumes the same responsibility for the representation as a partner of the receiving lawyer: the referring…
May a lawyer for an insurance carrier send forms to a represented workers' compensation claimant, or have non-lawyer claims adjusters do it, without the claimant's lawyer's consent?
A carrier's lawyer may not send forms directly to a known-represented claimant without the claimant's counsel's consent, but may direct non-lawyer adjusters to send them after giving reasonable…
Could a Maine probate judge pay for a radio advertisement supporting a courthouse bond referendum?
The committee could not give a definitive answer. A majority viewed the proposed court improvements as a permissible administration-of-justice measure under Canon 5, but members raised concerns…
I represent two clients in separate divorces. One client's spouse alleges the two clients had an affair and wants to depose the other client. Can I keep representing both at that deposition?
Yes, on these facts. The panel held there is no Rule 1.7 conflict in representing both clients at the deposition, because both deny the alleged affair, their interests are not adverse and may be…
I represented two co-insureds in a case and it's over. One wants the file, the other wants me to keep it, and the insurer wants me to keep it too. Who gets the file and who pays for copies or shipping?
Both joint clients are entitled to the file. The panel held the lawyer's obligation under Rule 1.16(d) is satisfied by giving one client the original and the other a copy, that the lawyer may not…
Can a lawyer or investigator send a fake or deceptive 'friend request' to view someone's private social media page for use in litigation?
No. A lawyer may not use deception, directly or through an investigator, to access a private social networking page. Truthful 'friending' using the lawyer's or investigator's real name and profile…
Can a lawyer use the engagement letter to agree up front that client files will be returned or destroyed when the matter ends?
Yes, with the client's informed consent. The engagement letter may authorize the lawyer to return or discard client files at the end of a matter, except documents with intrinsic value (wills, deeds,…
Can a lawyer add a surcharge when billing a client for the work of a contract attorney hired on a case-by-case basis?
It depends on how the work is billed. If the lawyer supervises and adopts the contract attorney's work as the lawyer's own under Rules 1.1 and 5.1, the work may be billed as a legal fee, subject…
Can a lawyer who is also a real estate broker share her brokerage commission with lawyers who refer buyers or sellers to her?
Yes, but only if the referring lawyer is not representing the buyer or seller in that transaction, or, if the referring lawyer is, the lawyer remits or credits the referral fee to the client and…
Can a part-time county legislator accept Family Court appointments as attorney for the child when the legislature funds the county attorney and social services offices?
No. The opinion concludes that a county legislator may not accept Family Court appointments as attorney for the child in delinquency, PINS, neglect, or abuse cases, because of the legislator's…
May a Maryland judge ask law firms to fund or provide a lawyer for a domestic-violence legal-aid project?
Yes. The Committee said informing multiple firms of an opportunity to support the project was encouragement of pro bono service rather than coercion or abuse of judicial prestige under the then-cited rule.
Can a lawyer's contingent fee agreement give the lawyer a power of attorney to sign settlements, checks, and documents for the client?
The opinion concluded that a lawyer may not use a contingent fee agreement that grants the lawyer a broad power of attorney to take any action and execute all documents the lawyer deems necessary,…
May an attorney keep appearing before a judge if the judge hires the attorney’s mother as court reporter?
West Virginia JIC Opinion 2010-18 says the son could not appear in that court while his mother served as court reporter; it leaves appearances by other lawyers at his firm unanswered.
May a lawyer appear before a magistrate when their separately owned companies have an ongoing landlord-tenant relationship?
West Virginia JIC Opinion 2010-17 bars the lawyer with the business interest from appearing, while permitting other lawyers in the firm who have no interest in the landlord company.
How long should a judge disclose that an appearing attorney once represented the judge?
West Virginia JIC Opinion 2010-14 recommends disclosure when the attorney appears, without setting an end date for that practice.
May a judge draft court documents for a spouse and close sister-in-law without compensation, and must the judge disclose that assistance?
West Virginia JIC Opinion 2010-13 permits the unpaid family legal advice and document work under former Canon 4G and finds no Canon 4G notice requirement, provided the judge does not advocate or…
May the JIC consider constitutional limits in advice, and does it approve judge-led child-welfare stakeholder meetings?
West Virginia JIC Opinion 2010-12 says constitutional precedent may inform its Code advice and declines to approve the proposed judge-led stakeholder meetings with regular courtroom participants.
Can a prosecutor condition a plea offer on defense counsel keeping a witness's identity secret from the defendant, and can defense counsel withhold that information to get a better plea?
No on both. A prosecutor who has disclosed a witness to defense counsel cannot then require counsel to withhold that relevant information from the client, and defense counsel cannot keep salient…
Can a Texas lawyer turn over unclaimed funds held in trust to the state Comptroller as abandoned property, and report the owner's identifying information, without violating the trust-account and confidentiality rules?
Per the Committee, yes. Nothing in the Rules prohibits delivering presumed-abandoned trust property to the Comptroller; Rule 1.14(b) requires delivery of property a third person is entitled to…
May Colorado judges facing active retention opposition speak about earlier proceedings and allegations against them?
Yes, on the four identified subjects, if statements are truthful, respect Canon 1 and do not affect pending proceedings or investigations. The Board did not assess restrictions in the judges'…
In a debt-collection case, can the plaintiff's lawyer be sworn in and testify, or submit a personal affidavit, to prove the debt and get a judgment for the client?
By submitting an affidavit as the only proof of the debt, the lawyer becomes a necessary witness; where the court does not treat the matter as uncontested simply because the defendant fails to…
Can a Virginia lawyer advise a client to make a lawful undisclosed recording of someone, such as a one-party-consent recording?
The opinion retains Virginia's general restriction on a lawyer's undisclosed recording, while recognizing limited exceptions. On the two facts presented, a lawyer may advise a client to make a…
May a full-time municipal judge continue paid drug, alcohol, and truancy classes for local students?
The committee allowed the teaching subject to limits: class work could not occur during judicial business hours, student appearances before the judge had to remain rare, and the stipend had to…
What must a Florida lawyer do to protect client confidentiality on copiers, printers, scanners, and other devices that store data?
A lawyer who uses devices with hard drives or other storage media must take reasonable steps to protect client confidentiality and to have the device sanitized before disposal, including identifying…
Could a Maine judge attend a trial lawyers association reception and pay a reduced ticket price?
Yes. The committee concluded that the judge could attend the reception and dinner and pay the event-cost-only rate, avoiding the fundraising contribution included in the regular ticket.
Did past fee-sharing referrals require an Illinois judge to recuse from cases involving the referring lawyers?
Yes, for a case involving a lawyer who shared a referral fee with the judge within the previous three years. The Committee rejected office-wide disqualification and the rule of necessity on the…
Could an Illinois judge speak at a college fundraising dinner and be identified in event invitations?
Yes. The Committee read amended Rule 65B(2) to allow the judge to speak or be honored and to permit ordinary promotional material to name the judge, without implying personal solicitation.
Can a lawyer view an opposing party's public Facebook or MySpace pages to gather impeachment material, without 'friending' the party?
Yes. A lawyer may access the public social networking pages of another party for impeachment material, as long as the lawyer does not 'friend' the party or direct anyone else to do so, and uses no…
Can a lawyer store client confidential information with an outside online 'cloud' storage provider, and what precautions are required?
Yes. A lawyer may use online cloud storage for client files if the lawyer takes reasonable care to keep the information secure and confidential under Rule 1.6, and stays abreast of changing…
Can a settlement require the plaintiff's lawyer to guarantee that medical liens are paid, or to indemnify and hold the defendant harmless from those liens?
Formal Ethics Opinion 2010-F-154 concludes that a plaintiff's lawyer is obligated under RPC 1.15(c) to safeguard settlement funds in which a third person has a matured legal or equitable interest (a…
I represent my municipality in labor and personnel matters. Can I take on a case against the municipality's school department for a different client?
No, not without the municipality's consent. The panel held that the school department is part of the same client the attorney already represents, so suing it on behalf of new clients creates a…
May a judge allow regular television broadcasts of drug court proceedings, including a proposed national broadcast?
The Committee concluded that the Code did not permit the judge to participate in or allow a for-profit broadcast of the proceedings and declined to answer her implementation questions.
When may a Wyoming retention-election judge prepare for or campaign against active opposition?
Wyoming JEAC Opinion 2010-01 found no current active opposition from old rumors alone. It permits limited preparation when opposition is reasonably imminent, but says a nonpartisan committee may not…
Are state public defenders in the central appellate office and the trial branch offices one 'firm' for imputing conflicts, and can an appellate defender argue another defender was ineffective at trial?
The opinion concluded that, given the State Public Defender's structure (a central appellate office and separate trial branch offices in different counties, with separate databases), the appellate…
Does a Maine lawyer who works only as a guardian ad litem need an IOLTA account, and can they partner with non-lawyer GALs?
No, on these facts. The opinion concludes that serving as a court-appointed GAL is a law-related service, not the practice of law, so a lawyer who works only as a GAL is exempt from the IOLTA…
What duties does a Maryland judge have when court staff campaign for a candidate outside work?
The Committee said judges must inform staff of the judge’s ethical limits and prevent staff activity from appearing to express the judge’s views or use judicial office, while cited law limited…
Do the ethics rules limit what I can put on my law firm website, and can a website inquiry create duties to a prospective client?
Yes. Website content is a communication about the lawyer's services subject to Rules 7.1, 8.4(c), and 4.1(a), so it must not be false or misleading. A website that invites inquiries can create a…
May a retired judge on senior active status serve as an alternate on a town planning or zoning board?
The Committee permitted the appointment because the Code treated senior active judges as part time, while requiring the judge to avoid matters involving the board.
Can an assistant city attorney refuse to stop representing the city after being discharged, on the ground that civil service rules protect the lawyer's job?
Per the Committee, no. Rule 1.15(a)(3) requires a lawyer to withdraw when discharged, with or without good cause, unless a tribunal orders otherwise. The lawyer's civil-service employment…
Does a government agency's lawyer have to make sure the agency's non-lawyer enforcement officers don't contact a represented regulated person directly?
Per the Committee, only over officers the lawyer directly supervises. Rule 4.02(a) bars the agency lawyer from contacting a represented person or causing or encouraging others to, but where the…
Does a North Carolina lawyer have to add a dramatization disclaimer when using stock photographs in legal advertising?
No. The opinion concludes that because stock photographs are static and do not have the same tendency to mislead as video dramatizations of fictional cases, a lawyer may use them in a print or video…
If a lawyer meets with both spouses as a prospective divorce mediator, can he later represent one spouse in the case?
No, not without the other spouse's consent. The opinion concludes that a lawyer who held himself out as a neutral and had substantive discussions with the wife about the mediation process…
Can a law firm post past verdicts, settlements, and selective case lists on its website, and how must self-laudatory memberships be presented?
The opinion concludes a firm may showcase accurate verdicts, settlements, and favorable case lists on its website if a tailored, prominently placed disclaimer accompanies them, and any reference to…
Could a sitting Vermont probate judge run for and hold judgeships in additional probate districts?
At issuance, Vermont Judicial Ethics Opinion 2728-14 said the Judicial Conduct Board’s appealed reading of former Canon 5A(3) likely barred the proposed candidacy. Apart from that question, the Code…
May a part-time judicial commissioner join the board of a county-owned nonprofit hospital?
West Virginia JIC Opinion 2010-11 permits the unpaid board service on exceptional facts: few local attorneys, a required attorney board seat, rare hospital litigation, and a necessity rationale for…
May a magistrate hear cases brought by a police department led by the magistrate’s son?
West Virginia JIC Opinion 2010-10 requires disclosure in every case involving the son’s department, disqualification if the son had any involvement, and the Brown procedure for other department cases.
May a circuit judge hear family court matters that the judge previously handled as family court judge?
West Virginia JIC Opinion 2010-09 permits matters in which the judge made no decisions but excludes cases in which the judge previously made findings, legal conclusions, or a ruling.
Must a judge recuse from sheriff's department cases when the judge's son-in-law is a sergeant supervising four deputies?
The committee required recusal when the son-in-law or any deputy under his supervision participated in a case. It did not require recusal from all other sheriff's department cases, though a…
May a New Mexico county pay a district judge pro tempore appointed to hear probation-violation cases?
The committee found no Code of Judicial Conduct bar to county payment, directly or through the Administrative Office of the Courts, for a judge appointed by the Chief Justice. It did not decide…
May a Maryland interim substitute court auditor also sit on the Maryland Transportation Authority board?
No. The Committee concluded that the auditor’s judicial appointment could not be combined with a transportation board seat exercising executive power under the then-cited appointee code and…
How far can a Maine lawyer go in advising or assisting a client with a medical-marijuana business?
Only so far. Because dispensary conduct violates federal criminal law, Rule 1.2 lets a lawyer explain the law and help a client make a good-faith effort to determine its validity, scope, or meaning,…
Can a lawyer who is also his client's bail bondsman add language to the bond letting the lawyer enter a no-contest plea if the client misses a court appearance?
Per the Committee, no, for three reasons. The added bond term is an unfair business transaction with the client under Rule 1.08(a)(1), it creates a non-waivable conflict between the lawyer's…
Can a Texas firm keep representing a client against an opposing party after hiring an associate who used to represent that opposing party, if the firm screens the new associate?
Not without the adverse party's consent if there is a reasonable probability the associate's prior representation implicates Rule 1.05 confidences or the matters are substantially related. The…
Can a small-town prosecutor married to a police officer prosecute that officer's cases?
A government client may consent to the prosecutor's spousal conflict only if the lawyer reasonably believes competent, diligent representation remains possible. If the spouse must be cross-examined,…
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.