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 three separate Texas law firms run joint ads under the name of one of them plus the word 'Group'?
No. The Committee concludes that a name like 'Jones Smith Group' is a trade name, and because Rule 7.01(a) bars practicing under a trade name, using it in advertising is prohibited by Rule 7.01(e)…
Under a county public-defense contract, must the contract specify a fair and reasonable amount for investigation costs, including routine ones?
Yes. The committee, declining to assess past conduct or contract funding levels, concluded that RPC 1.8(m)(1)(ii) requires a public-defense contract to specifically designate a fair and reasonable…
Can a lawyer run advertising testimonials that state specific settlement or award dollar amounts, and is a disclaimer required?
Yes, if the former client consents, confidences are kept, and the ad is not misleading; a disclaimer is required only where one is needed to keep the advertisement from being misleading under RPC 7.1.
Can a lawyer tell discharged jurors after a verdict about evidence that was excluded at trial?
The committee concluded post-verdict disclosure of excluded evidence is not a per se violation; it violates RPC 3.5(c) only if the communication involves misrepresentation, coercion, duress, or…
Can a lawyer accept referrals from mortgage brokers and pay the broker for later services, or pay a marketer only for clients who actually retain the lawyer?
A lawyer may accept broker referrals, but the committee concluded the lawyer cannot pay the broker for post-referral services as a quid pro quo for the referral, nor pay any third party only for…
When may a California attorney use email, public wireless internet, a home wireless network, and a firm-monitored laptop to handle a client's matter without violating the duties of confidentiality and competence?
Per California Formal Opinion 2010-179, it depends on the technology and circumstances. Before using a technology with confidential client information, the attorney must evaluate (1) the security of…
When an Alabama lawyer is hired to help administer or probate an estate, who is the lawyer's client, the personal representative or the estate's beneficiaries?
Ordinarily the personal representative is the lawyer's sole client, not the beneficiaries. The lawyer must clarify under Rule 4.3 that he does not represent the beneficiaries, and if the personal…
How long must an Alabama lawyer keep a client's file, who owns it, and can the lawyer store client files in the cloud?
The file belongs to the client and must be kept at least six years after the matter ends (longer or indefinitely for wills, estate, tax, criminal, and business files). The lawyer must return the…
Can an Alabama lawyer offer limited-scope (unbundled) services and ghostwrite pleadings for a pro se litigant without disclosing the help to the court?
Yes. Rule 1.2 permits unbundled legal services, and a lawyer ordinarily need not disclose ghostwriting a pro se litigant's pleading if a valid limited-scope agreement exists, the involvement is not…
May a lawyer keep personal funds in an IOLTA account to maintain the bank’s minimum balance?
No. The opinion permits the lawyer’s own funds in the trust account only to the extent needed to pay bank service charges; it rejects maintaining a separate minimum balance.
May a lawyer who mediated a dissolution prepare modification documents for both parties?
No. After mediation, the lawyer may participate in the proceeding only with all parties’ informed written consent, and even then may represent only one party. The opinion also bars joint…
May a lawyer reveal the contents of a deceased client’s missing will while representing an heir?
The opinion bars disclosure of information other than an actual will that the lawyer considers valid without a court order issued after the Rule 4-1.6 confidentiality issue has been fully presented.
May a lawyer pay a nonlawyer landlord rent calculated as a percentage of the lawyer’s gross receipts?
No. The opinion treats rent based on a percentage of gross receipts as improper fee sharing with a nonlawyer under Rule 4-5.4.
May a lawyer pay a disbarred lawyer from a contingent fee for work done before disbarment?
Yes. The opinion permits payment for work the disbarred lawyer performed while licensed, even when payment occurs after disbarment.
May a Nebraska government lawyer advise an agency on statutes the lawyer previously challenged for private clients?
Yes, with agency consent, if the work is general statutory interpretation rather than the same specific-party matter, former-client information remains protected, and the lawyer is screened from the…
May a lawyer who is a partner in one law firm also become a partner or 'of counsel' at a second firm while keeping the first partnership?
Yes, with caveats. A lawyer may practice in or be 'of counsel' to a second firm, but the two firms are treated as a single firm for conflict-of-interest and imputed-disqualification purposes, the…
May Vermont lawyers use cloud services for client files and communications?
Opinion 10-06 allowed cloud storage, processing, email, and calendaring when lawyers took reasonable precautions to keep client information confidential and property secure and accessible. It…
May one Nebraska lawyer represent both the driver and passenger injured in the same automobile accident?
Only if the passenger will not claim against the driver or the driver's insurer, the lawyer makes a searching conflict inquiry, and both clients give informed written consent; a third-party claim…
At a real estate closing, may a lawyer tell the borrower or lender that an appraisal-rights waiver attached to the mortgage is potentially unenforceable because it is not on the signature page?
If the lawyer represents only the borrower, the lawyer may disclose the potentially defective waiver to the borrower; whether the lawyer must disclose is a standard-of-care question outside the…
When may a Nebraska lawyer be called 'of counsel,' and may a retired partner's name remain in a firm name after the lawyer resumes a separate practice?
An 'of counsel' designation requires close, regular, continuing contact for consultation and advice. A retired partner's name may remain while the lawyer is retired, but not after the lawyer resumes…
May a plaintiff's lawyer agree, as a settlement condition, not to use the defendant's name for commercial or publicity purposes in future advertising?
No. A settlement may not be conditioned on the lawyer relinquishing a right inherent in the practice of law. Because lawyer advertising is a protected First Amendment right, a term barring the…
When may an Arizona lawyer divide a fee with a lawyer admitted in another state?
Opinion 10-04 permits the division if both lawyers assume joint responsibility, the client agrees in a signed writing, the total fee is reasonable, and the out-of-state lawyer’s services comply with…
May a Nebraska lawyer advertise on a website designed for people seeking Social Security benefits?
Yes. Internet advertising is permitted if it is not false, misleading, or overreaching, the lawyer pays only permissible advertising charges, and the communication carries the required advertising label.
Is it a conflict under Rule 1.9 for a lawyer or firm that handled a buyer's real estate closing to later represent a homeowners association enforcing covenants against that buyer?
No. Without more, conducting a residential closing is not substantially related to a later HOA action to enforce covenants or restrictions against the buyer, so Rule 1.9 does not bar the…
May an Arizona lawyer charge an earned-on-receipt minimum fee for a set number of hours and then bill hourly?
Opinion 10-03 permits a reasonable minimum fee covering specified hours or completion of the matter, whichever occurs first, followed by hourly charges under reasonably defined changed…
May a Nebraska lawyer accept a juvenile-court appointment when the lawyer's spouse works for DHHS as a child and family services worker?
Usually yes if the spouse has no involvement in the case and the lawyer's judgment is unaffected, with disclosure recommended. The lawyer should decline or withdraw if the spouse may be a material…
When a county uses e-recording and debits a lawyer's account for recording and transfer fees, is that account a trust account, and may a lawyer share control of it with a non-lawyer (the Clerk or Register)?
An account holding client or third-party funds is a trust account governed by Rule 1.15 and ACR 417. A lawyer may share control of an account with a non-lawyer only if it holds neither client funds…
What duties do an Arizona firm and departing lawyer owe clients when the lawyer leaves?
Opinion 10-02 requires timely notice to clients affected by a meaningful departure, continued competent and diligent work, reasonable transition fees, and enough shared information to manage…
May a Vermont firm defend criminal cases involving police witnesses employed by a municipality the firm represents?
The opinion says the firm's municipal representation conflicts with defending an accused when officers of that municipality are adverse witnesses. Rule 1.10 imputes the conflict to lawyers in the…
Can a lawyer agree to use a referral source's affiliated title insurer in exchange for continued client referrals?
No. An exclusive, mandatory referral arrangement that requires the lawyer to steer clients to the referral source's affiliated title company violates the lawyer's duty of independent judgment (Rules…
May a Nebraska lawyer modify an existing contingent-fee agreement to charge a higher fee after circumstances change?
Yes, if the modified fee remains reasonable, the changed basis or rate is communicated, and the fully informed client agrees; on the facts presented, increasing the fee from $1,632.17 to $4,000 was…
May a lawyer limit representation to the collaborative law process, where the lawyer must withdraw if the case fails and litigation begins, and does that withdrawal provision create a non-consentable conflict?
Yes. A lawyer may limit the scope of representation to the collaborative law process with the client's informed written consent. The withdrawal-on-failure provision creates a potential conflict…
May an Arizona lawyer pay a nonprofit referral service a percentage of fees earned on referred cases?
Opinion 10-01 says a lawyer may not join a nonprofit referral service that requires a percentage of every referred case’s earned fees. ER 7.2’s permission for usual service charges does not override…
May a Vermont lawyer take fees from trust funds claimed by a lender?
Opinion 10-01 made ownership decisive: the lawyer could deduct reasonable fees from client-owned funds with client consent, but could not deduct them from lender-owned funds without the lender's consent.
Can a law firm let an outside IT vendor access its network and client files without breaking confidentiality rules?
Yes, on or off site, if the firm makes reasonable efforts to protect client information under Rules 1.6 and 5.3, such as a written confidentiality agreement with the vendor. Whether access is remote…
Is it an ethics violation for a Virginia lawyer to have a sexual relationship with a current client during the representation?
Virginia has no rule that flatly bans it, but the committee concludes a lawyer should refrain, because a sexual relationship begun during the representation risks violating the rules on competence,…
Can a Family Court Commissioner later serve as guardian ad litem in a case the commissioner already acted on?
The opinion concludes that under SCR 20:1.12(a) a lawyer who participated personally and substantially in a matter as a Family Court Commissioner (an adjudicative officer) cannot later act as…
Can a lawyer admitted in another U.S. state, but not in New York, serve as in-house general counsel for a New York corporation and keep an office in New York?
The committee declined to answer. Whether an out-of-state lawyer may serve as New York in-house counsel is a question of law under the Judiciary Law, not the Rules of Professional Conduct, because…
Can a Maryland judge work on a case after recusing, if the issue is uncontested, no other judge is available, or the conflict later ends?
The Committee said a recused judge ordinarily cannot handle even uncontested matters without waiver. Necessity may permit immediate action with disclosure, and later participation after the reason…
Does a New York lawyer's advertisement that includes a client testimonial or endorsement have to carry the 'Prior results do not guarantee a similar outcome' disclaimer?
Yes. Under New York Rule 7.1(e)(3), any advertisement containing a client or former-client testimonial or endorsement must include the disclaimer 'Prior results do not guarantee a similar outcome,'…
Does a New York lawyer have to respond to unsolicited letters from incarcerated people asking the lawyer to take their case?
No. The committee concludes that no Rule of Professional Conduct requires a lawyer to answer unsolicited mail from someone who is neither a client nor an adversary, and a person who sends such a…
May a mental hygiene commissioner simultaneously serve as a part-time assistant prosecutor?
West Virginia JIC Opinion 2009-18 says the roles are incompatible under West Virginia Constitution article VIII, section 7, as the Commission applied it to mental hygiene commissioners.
Is a judge automatically disqualified when a bank is a litigant and the judge has accounts, a loan, and a nephew employed there?
No. The Commission rejects automatic recusal from ordinary bank accounts, loans, and the nephew’s employment; it directs the judge to assess whether an interest could be substantially affected and…
When a Virginia lawyer's license is suspended or revoked, which firms can employ that lawyer, in what roles, and can the lawyer run a non-legal business that serves law firms?
The employment bar in Rule 5.5(a) is triggered by the date of the acts that led to discipline, not the date of conviction or of the bar's action. A firm associated with the lawyer on or after that…
Can an Ohio judge donate to a charity from personal or campaign funds and accept name recognition, in an election or non-election year?
The opinion concluded that a judge may make charitable contributions from personal or judicial campaign funds in an election or non-election year, and may receive name recognition (with or without…
Can an Ohio judge thank jurors for their service by giving them a letter, certificate, or memento such as a bookmark imprinted with the judge's name and picture?
The opinion concluded that a judge may thank jurors by a verbal expression, a letter or certificate of appreciation, or a small but dignified memento such as a bookmark, which may carry the judge's…
If a personal injury lawyer hires an outside firm to resolve a client's health care liens, can the cost be billed as a litigation expense or only as part of the contingent fee?
The opinion concluded that the lawyer may use professional judgment to bill outsourced health care lien resolution either as part of the contingent fee or as a litigation expense; either way the…
Can a Maine lawyer pay a client's former non-lawyer Social Security advocate out of the lawyer's fee?
Not as a fee split. Rule 5.4 bars sharing fees with a non-lawyer, so the proper route is for the advocate to file a fee petition with the SSA; if that is not possible, the lawyer may refund part of…
When a New York lawyer sells a nonlegal product like shelf corporations to non-clients, do the lawyer advertising and solicitation rules apply to that business?
It depends on whether legal advice is involved and whether the lawyer's status is visible. If the lawyer gives no legal advice and is not held out as a lawyer, the Rules generally do not apply; but…
Can a Texas law firm make a member agree that, if he leaves, he won't solicit the firm's clients and will pay the firm a percentage of fees he later earns from them?
No. The Committee concludes the agreement violates Rule 5.06(a) because it restricts a lawyer's right to practice after leaving, and the fee-payback term separately violates Rule 1.04(f) because it…
Could a Maine judge work as a cashier at a nonprofit fundraiser after the 2005 Code amendment?
The committee said the 2005 amendment permitted the described fundraiser work if the judge’s participation could not reasonably be seen as directly soliciting funds; it declared Opinion 97-3 no…
May a Maryland District Court commissioner take seasonal data-entry work with an executive agency?
Yes. The Committee permitted the described information-intake work with appointing-authority approval because it did not exercise executive power; the commissioner still had to avoid misuse of…
Did North Dakota's bar ethics committee uphold or withdraw its opinion limiting 'Super Lawyers' advertising?
The committee withdrew Ethics Opinion 08-02 and declined to issue a new opinion on advertising the 'Super Lawyers' designation. It explained that the New Jersey Supreme Court had vacated the opinion…
May a Maryland judge keep a vendor-provided prize won in a random drawing at a court conference?
Yes. The Committee permitted the prize because every attendee was entered and neither sponsor nor vendor selected the judge; it also advised the judge to report the prize as a gift on the annual…
May a retired Maryland judge submit an expert affidavit on Maryland law for one party in a foreign-court appeal?
No. The Committee concluded that the party-sponsored legal opinion would lend judicial prestige to one litigant and appear inconsistent with impartiality, even though the affidavit addressed…
Does a firm's past collection work for a company bar it from defending a lawyer in a disciplinary case arising from that company's later sale?
No, on the facts. The committee concluded the firm's former collection work for the company was not the same as or substantially related to the lawyer's disciplinary proceeding (which arose from a…
Where can a North Dakota lawyer deposit credit card payments for earned fees versus advance retainers, and must a subordinate lawyer report a supervisor's credit card trust-account practice?
Credit card payments for already-earned fees and costs go in the firm's general operating account. For refundable advance retainers, the committee called it the most practical approach to route the…
Must a New Mexico judge recuse from State Police cases when the judge's spouse commands the district, and can parties waive it?
The committee required recusal from cases involving officers under the spouse's district command. Given the docket's unrepresented defendants and the spouse's supervisory and liaison roles, it…
May a New Mexico judge publish and promote a poetry book while mentioning judicial office in a biography?
The committee permitted publication of the nonlegal poetry book subject to the Code's content and work-hour limits. A factual, incidental mention of judicial office in a biography was acceptable,…
Does Rule 5.4(a)'s ban on sharing legal fees with nonlawyers stop a lawyer from paying part of a settlement or fee award to her own client?
The opinion concludes that, in the two situations presented, a lawyer's payment to her own client does not violate Rule 5.4(a)'s prohibition on sharing legal fees with nonlawyers, because that rule…
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.