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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What are a New Hampshire lawyer's ethical obligations when representing a client the lawyer cannot communicate with directly in a shared language?
The lawyer may represent the client, but should use a qualified, impartial interpreter and take steps to protect confidentiality, in order to meet the competence, communication, and confidentiality…
When does an email from a would-be client create duties under New Hampshire's Rule 1.18, and can a firm screen the lawyer to avoid disqualifying the whole firm?
Once a New Hampshire lawyer receives and reviews information sent in good faith by someone seeking representation, Rule 1.18 confidentiality duties attach; if the information could be significantly…
Can an Ohio judge let a sentenced offender make a charitable donation instead of performing a community service sanction?
The opinion concluded that, unless authorized by law, a judge should not grant an offender's request to fulfill a community service sanction by making a financial contribution to a charity. The…
Can a lawyer settling a malpractice claim require the client to withdraw a disciplinary grievance or promise not to file one?
The opinion concluded that it is improper for a lawyer to require a current or former client to withdraw a disciplinary grievance or to refrain from filing one as part of settling a malpractice…
My law partner used to work at the firm defending the other side in a case I've now been asked to try for the plaintiff, and my partner deposed the plaintiff back then (though wasn't lead counsel). Can I take the case?
Yes, under Rule 1.10(c). The panel held the law partner has a disqualifying Rule 1.9(a) conflict from deposing the plaintiff on behalf of the defendant at the former firm, but the inquiring attorney…
May a judge serve on a state anniversary advisory board that expects fundraising contributions?
West Virginia JIC Opinion 2010-08 says the judge may not serve because the proposed role involved fundraising barred by former Canon 4C(3)(b).
May a Missouri lawyer call an advance flat fee nonrefundable and treat it as earned when received?
No. The opinion says fee labels do not override reasonableness and refund duties: unearned advance fees must be refunded, and under the rule then in effect flat fees had to enter trust and be…
I'm a full-time municipal zoning official (not a lawyer role) who also runs a part-time solo land-use practice. Can I put 'J.D.' on town paperwork, keep my private practice in that same town, share office space with a real estate developer who deals with me officially, and represent that developer's real estate matters in other towns?
Yes to all four, according to the panel, subject to observing the ordinary confidentiality, conflicts, and office-sharing disclosure rules, and subject to whatever the municipality's own rules,…
May a judge authorize a bail surety company when the judge’s secretary has family ties to its principals and a related person works with detainees?
West Virginia JIC Opinion 2010-07 advises the judge against granting the surety authority because the secretary’s relationships and detainee contact could create an appearance of impropriety.
May a judge’s secretary continue serving as an election poll worker?
West Virginia JIC Opinion 2010-06 advises against the secretary’s poll work because the public could view the secretary as an extension of the judge’s office.
Can a Texas lawyer be a partner in a firm whose other partners are licensed only in other states or countries and who sometimes do legal work in the Texas office?
Yes. The Committee concludes a lawyer licensed elsewhere is a 'lawyer,' not a 'non-lawyer,' under Rule 5.04, and on these facts the out-of-state and foreign partners' occasional Texas work is not…
Can a lawyer not admitted in Alaska open an Alaska office limited to federal immigration practice?
Yes. The opinion concludes Rule 5.5(d)(2) lets a lawyer admitted elsewhere maintain an Alaska office for federal immigration work, but only if the lawyer makes clear they are not an Alaska lawyer…
Can a lawyer draft pleadings and advise a pro se litigant behind the scenes without disclosing the help to the court?
The opinion concluded that a lawyer may provide unbundled legal services to a pro se litigant, including drafting pleadings and advising on what to do in court, and need not disclose that assistance…
May a court lease its managed retail space to a coffee-shop company partly owned by an attorney who regularly appears there?
The committee said the court could not lease the space to the attorney's company because the continuing financial relationship would create an appearance of impropriety and suggest special standing…
In a North Carolina child support enforcement case, does the CSE program lawyer represent the custodial parent or the government agency?
The opinion concludes the lawyer for the child support enforcement (CSE) program represents the government agency bringing the action, not the custodian of the children, so opposing counsel may…
Can a lawyer serve a North Carolina subpoena on an out-of-state medical provider knowing the subpoena is unenforceable there?
No. The opinion concludes a lawyer may not use the subpoena process to mislead an out-of-state health care provider into believing it must comply with a North Carolina subpoena that is unenforceable…
Can an insurance defense lawyer file pleadings and appear in court for an insured who has vanished and never authorized the representation?
The opinion concludes a lawyer may not appear for an insured who has not authorized the representation and with whom no client-lawyer relationship exists; the carrier's contractual authority to…
May a recused family court judge’s staff provide scheduling and document support to the replacement judge?
West Virginia JIC Opinion 2010-05 permits clerical staff support when the judge is recused unless a staff member’s relative is a litigant; staff should not work on those family-related cases.
May a New Mexico judge serve as an officer of a nonprofit drug court professionals association?
The committee allowed service in principle but conditioned officer service on impartiality and on the organization and its members not regularly appearing before the judge. It recommended against…
Can a lawyer email other lawyers asking them to refer cases, such as injuries from a particular drug, without it being a regulated solicitation?
Yes. Emails seeking referrals from other lawyers are not 'advertisements' or 'solicitations' under Rules 7.1 and 7.3, but they must still comply with Rule 7.4 (specialization claims) and Rule 8.4(c)…
Can a lawyer withhold a client's psychotherapy notes from the client when HIPAA restricts the client's access to them?
In the opinion's limited HIPAA context, yes. It finds no client entitlement to psychotherapy notes under the cited laws and rules; a representation agreement stating the limitation would strengthen,…
When a client asks for the file, does an Ohio lawyer have to hand over the lawyer's own notes from client interviews?
The opinion concluded that whether a lawyer's notes are client papers the client is entitled to upon request under Prof. Cond. R. 1.16(d) depends on whether the notes are items reasonably necessary…
What are an attorney's duties when asked to handle and close the client files of a deceased attorney whose family will not open an estate?
The opinion concludes the assisting attorney has no legal duty to the deceased lawyer's clients, but if the attorney undertakes to close the practice, the attorney must inventory the files, screen…
Can a Texas lawyer take an assignment of a client's insurance policy proceeds to pay legal fees?
Yes, with limits. The Committee concludes an assignment for completed work is governed only by Rule 1.04; for uncompleted work it is allowed if the policy is not the subject of the matter and the…
Can a lawyer pay the litigation expenses of a pro bono client that is not itself indigent, such as a legal-services organization?
Yes. Under Rule 1.8(e)(2), a lawyer representing a client pro bono may pay the client's court costs and litigation expenses whether or not the client is indigent.
What are a Minnesota lawyer's ethical duties regarding metadata in electronic documents?
The opinion holds a lawyer must act competently to avoid improperly disclosing confidential or privileged information in metadata, and a lawyer who receives a document the lawyer knows or reasonably…
Under New Jersey's rules at the time, could a home office or a 'virtual office' qualify as a lawyer's bona fide office, and how could satellite or of-counsel offices be listed on letterhead?
The Committee concluded a home office could qualify as a bona fide office but a 'virtual office' could not; a virtual office could be listed as a satellite only if marked 'by appointment only,' and…
Can a Colorado lawyer pay to participate in an online lawyer-marketing or lead-generation program, or does Rule 7.2 treat it as a prohibited paid referral service?
It depends on whether the program is a directory or a referral service. The opinion concludes that under Colo. RPC 7.2 a lawyer may pay the fixed costs of an online directory listing that identifies…
Can a lawyer join a group radio advertisement that gives no lawyer name or contact information and instead directs listeners to an agent?
No. The opinion concludes that a group radio ad that omits the lawyer's name, principal office address, and telephone number, directing listeners to an agent instead, violates Rule 7.1(h).
When a lawyer learns that the client gave false material evidence to a tribunal, must the lawyer disclose it, even over confidentiality, and must the lawyer withdraw?
Under Rule 3.3, the lawyer must take reasonable remedial measures even if that means disclosing confidential information, but disclosure to the tribunal is required only if no lesser remedial…
Must a New Mexico retention-election judge form a campaign committee when planning no spending, fundraising, or endorsements?
The committee said no campaign committee was required for the described retention election: the judge planned no spending, fundraising, or endorsements and might only speak to voters when invited.…
May a judge lead regular child-welfare stakeholder meetings with agencies and lawyers who appear in abuse and neglect cases?
West Virginia JIC Opinion 2010-04 says the proposed protocol violates former Canon 4 because regular meetings with courtroom participants could cast reasonable doubt on judicial impartiality.
Is an administrative agency's rule-making or rate-making proceeding a 'tribunal' under the ethics rules, and does Rule 3.5 bar ex parte communications in it?
It is a question of fact: the agency is a 'tribunal' only when a neutral official renders a judgment directly affecting specific parties. Even then, Rule 3.5's ex parte restrictions apply only if…
Must a lawyer who is a notary, or who employs a notary, file the notary journal publicly when doing so would reveal confidential client information?
The notary statute requires filing, but the opinion concludes a lawyer may choose not to comply when filing would reveal client confidences. Rule 1.6 permits disclosure to comply with law without…
May a judge serve on an advisory committee tasked with increasing referrals to a program to which the judge can send juveniles?
West Virginia JIC Opinion 2010-03 advises against the role because the judge can refer children to the program and the committee aims to increase referrals, casting doubt on impartiality.
Must self-funded New Mexico judicial candidates form a campaign committee and identify it on campaign literature?
The committee said the candidates still had to form campaign committees and identify the committee as responsible for paying for literature, even if they used only their own funds. It said the…
Can a New Jersey lawyer charge a contingent fee in a municipal-court motor vehicle or disorderly-persons case, such as refunding the fee if the charge is not reduced?
No. The Committee concluded that RPC 1.5(d)(2)'s ban on contingent fees in criminal cases also applies to quasi-criminal municipal-court matters, so lawyers may not offer to refund fees if a motor…
Can an immigration lawyer sign a client's USCIS Form I-864 Affidavit of Support as a joint sponsor while still representing the client?
The opinion concludes that a lawyer may not execute an Affidavit of Support (USCIS Form I-864) as a joint sponsor on behalf of an immigration client while continuing to represent that client. The…
Can a lawyer who represented an incapacitated client in a guardianship appointment later represent both that client and the guardian in a proceeding to end the guardianship?
Yes, if the conflict is consentable. The dual representation involves differing interests under Rule 1.7(a)(1), but where the parties are aligned and the matter is court-supervised, the lawyer may…
My new client's estranged wife sat in on our five-minute initial meeting where he handed over his file, but I never spoke with her, advised her, or took her on. Does her presence at that meeting create a conflict that blocks me from representing him at his deportation hearing?
No. The panel held that the estranged wife's mere attendance at the initial consultation did not make her a client or a prospective client under Rule 1.18, so it does not create a Rule 1.7(a)…
May a judge accept an expensive gift from a county bar association at a service dinner, and must it be reported?
West Virginia JIC Opinion 2010-01 treats the gift as incident to a public testimonial and permits it, but says its value above $150 requires reporting under former Canon 4’s compensation-reporting terms.
Could a Colorado magistrate stay on a child-welfare funding board when placement decisions affected its funds?
No. Under the pre-July 2010 Code, the Board found that the amended funding agreement created an appearance of partiality; merely abstaining from a vote would not remove the conflict, so the…
May a full-time New Mexico probate judge accept appointment to the U.S.–Mexico Border Health Commission?
The committee said the probate judge could accept the commission appointment because the Code excepted probate judges from the rule that otherwise barred judges from serving on governmental…
Could Colorado judges seek free or discounted CLE from providers, and how should such discounts be reported?
Under the pre-July 2010 Code, judges and a committee acting for them could not solicit free or discounted CLE. The Board said judge-only fee waivers should be reported under its proposed-Code and…
Could a lawyer name a firm with a surname followed by 'Intellectual Property' or the initials 'IP'?
The opinion concluded that it was improper to name a law firm a lawyer's surname followed by 'Intellectual Property' or 'IP', because including an area of practice or specialization in a firm name…
May a Maryland judge teach a law course to State Police recruits for pay?
Yes. The Committee permitted the teaching if it did not impair judicial duties or impartiality and the pay was reasonable, no more than a nonjudge would ordinarily receive for the same work.
Can a Texas lawyer use public-record information learned while representing a former client against that client, for example to collect unpaid fees?
Generally no, unless the information is generally known or an exception applies. The Committee concludes such public-record information is confidential under Rule 1.05, but Rule 1.05(c)(5) lets the…
Can a Texas lawyer bill a client more for a third-party expense (such as medical bills negotiated down) than the lawyer actually paid?
No, absent disclosure and agreement. The Committee concludes that recouping more than the amount actually paid, including not passing on a discount, violates Rules 1.04(c), 1.03(b), and 8.04(a)(3)…
After committing malpractice, can a Texas lawyer settle the client's malpractice claim with the client when the client has no independent counsel?
Yes, but only after the lawyer ends the representation in the affected matter, discloses the malpractice, advises the now-former client in writing that independent representation is appropriate, and…
Can a lawyer for an incapacitated client ask the court for a new surrogate decision-maker when the current one is making decisions against the lawyer's advice?
The opinion concludes that a lawyer for an incapacitated client with a surrogate decision-maker should ordinarily defer to the client's chosen surrogate and give the surrogate's choices the same…
When does a temporary contract lawyer's conflict get imputed to the firm that hires the lawyer for a project?
The opinion concludes that whether a temporary contract lawyer's individual conflicts are imputed to a hiring firm under Rule 1.10 depends on the nature and extent of the lawyer's relationship with…
Can a Minnesota lawyer use unencrypted email or a cell phone to send confidential client information?
Yes. The opinion allows a lawyer to use unencrypted email and digital cordless or cellular phones, within a digital service area, to communicate confidential client information without violating…
Can a Minnesota lawyer charge a former client for copying their file or hold the file for unpaid fees?
The opinion defines what counts as client files, papers, and property, allows a copying charge only if the client agreed in writing before termination, bars conditioning return of client files on…
When must a Kentucky lawyer report another lawyer's or a judge's misconduct, what does it mean to 'know' of a violation, and when does confidentiality or KYLAP excuse reporting?
A lawyer must report only when the lawyer actually knows of a violation that raises a substantial question about another lawyer's honesty, trustworthiness, or fitness (or a judge's fitness), and…
Can a paralegal who changes firms write to the old firm's clients to announce the move and solicit their business?
The opinion concludes a lawyer has a professional obligation not to encourage or allow a nonlawyer employee to disclose a former employer's client confidences, including client identities, for…
Must a prosecutor dismiss a DWI charge once a suppression order has eliminated all the evidence of guilt?
The opinion concludes a prosecutor who knows she has no admissible evidence to present must dismiss the charge before calling the case for trial, rather than calling it, offering no evidence, and…
Can a lawyer draft documents like a confession of judgment for an unrepresented opposing party to sign?
The opinion concludes a lawyer may prepare and present a settlement document such as a confession of judgment for an unrepresented adverse party to sign, after disclosing the lawyer represents the…
Must a North Carolina lawyer scrub metadata before sending electronic documents, and may a lawyer mine an opponent's metadata?
The opinion concludes a lawyer who sends an electronic communication must take reasonable precautions under Rule 1.6 to prevent confidential information in metadata from reaching unintended…
Can a lawyer serve as a foreclosure trustee while the lawyer's firm keeps representing the lender on unrelated matters?
Yes, within limits. The opinion concludes a lawyer may serve as substitute trustee in a foreclosure and continue representing the beneficiary bank on unrelated matters, because the trustee role is…
Can a Texas lawyer share legal fees with, or honor a referral agreement signed by, a lawyer who was suspended from practice?
No. The Committee concludes a suspended lawyer is a non-lawyer for purposes of Rule 5.04(a), so sharing or promising to share fees with one is prohibited, and a referral agreement with a suspended…
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.