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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Could a Maine judge in non-active retirement announce a new ADR practice to former judicial colleagues?
The committee concluded that the non-active retired judge was no longer subject to the Maine Judicial Code. It expressly declined to address lawyer-advertising questions under the Rules of…
How many years of conflict-checking data must a law firm migrate when it changes conflicts software?
The opinion concludes a firm must convert at least the last six years of conflict-checking data to its new system as a minimum standard of reasonable care, while the duties of confidentiality and…
Can a lawyer give a corporation or a freelance nonlawyer a blanket letter of supervision to represent parties in North Carolina unemployment hearings?
No to a corporation, and not without real supervision for an individual. The opinion concludes a lawyer may not agree to supervise a business corporation or its employees, because a corporation…
Can a North Carolina lawyer copy another lawyer's brief or form language without attribution?
Yes. The opinion concludes it is not dishonest or unethical for a lawyer to incorporate excerpts from another lawyer's brief, form, or brief-bank document without attribution or consent, so long as…
May a recalled Maryland judge also serve as a paid alternate land commissioner for federal condemnation cases?
Yes. The Committee treated the federal land commission as advisory, but cautioned that pay or the federal relationship could require recusal or an agreed nonrecusal in Maryland cases involving the…
May a New Mexico municipal judge and court staff use conviction-funded judicial education money for out-of-state courses?
The committee permitted the judge and staff to use the judicial education fund for courses, including out-of-state programs. It relied on the mandatory fee, independent fund administration, the…
May a magistrate remain president of a volunteer fire company auxiliary that fundraises?
West Virginia JIC Opinion 2009-17 directs the magistrate to resign as president and leave the auxiliary because its fundraising conflicts with former Canon 4C(3)(b).
Must a Minnesota lawyer tell a current client about the lawyer's own potential malpractice?
Under this now-repealed opinion, a lawyer who knew their conduct could be the basis for a non-frivolous malpractice claim by a current client materially affecting the client's interests had duties…
Must a lawyer turn over a brief and affidavit to a former client when the documents were built on the client's fraudulent misrepresentations?
The opinion concludes that a lawyer who drafted a brief and affidavit in reliance on a former client's fraudulent factual misrepresentations has no duty under Rule 1.16(d) to surrender those…
Did a Supreme Court administrative order temporarily assigning a judge to help appoint private counsel present a judicial ethics issue?
West Virginia JIC Opinion 2009-16 finds no ethical issue in the administrative order as submitted to the Commission.
May a lawyer use firm letterhead to solicit political support or charitable contributions?
Yes, as long as the lawyer does not advertise the lawyer's experience or services. The committee concluded a lawyer may send a letter on firm letterhead soliciting political support or a charitable…
Can a Texas lawyer report an opposing party's or witness's possible crime that the lawyer learned about while representing a client, and must the lawyer do so?
The rules do not require it. The Committee concludes a lawyer may report such activity, assuming it is not contrary to the client's interests and does not misuse client confidences, unless the only…
In a Texas DTPA case, can a lawyer use a normal contingent fee agreement even when the client ends up keeping part of the statutory attorneys' fee award?
Yes. The Committee concludes that because a DTPA attorneys' fee award belongs to the client, not the lawyer, a contingent fee that leaves the client part of that award is not improper fee-sharing…
Does a lawyer's past participation in a joint defense group disqualify the lawyer (or the firm) from later taking a matter adverse to a group member?
The opinion concludes that a joint defense agreement does not make other group members the lawyer's clients, so it creates no former-client conflict under Rule 1.9. But the lawyer may take on…
Could a Colorado judge serve on a city bicycle advisory committee under the 2009 judicial Code?
No. The Board held that then-current Canon 5G barred appointment to a governmental committee with no connection to law, the legal system or court administration, despite the volunteer role.
What campaign conduct did the Arkansas Judicial Ethics Advisory Committee address under the 2009 Code?
Opinion 2009-04 surveys judicial campaign rules as they stood in 2009, including campaign committees, fundraising, partisan activity, use of the judicial title, campaign speech, and resigning to run…
Could a sitting Maine probate judge serve as an expert witness for a lawyer accused of malpractice?
No. The committee concluded that the probate judge should decline the requested expert-witness role in a will-drafting malpractice matter.
If a client committed fraud on a court before New York's new Rules took effect on April 1, 2009, does the lawyer's duty to disclose follow the old Code or the new Rule 3.3?
The old Code. The committee concludes that when the client's fraud occurred before April 1, 2009, the lawyer's disclosure obligation is governed by former DR 7-102(B)(1), which did not permit…
Did a death threat against a Colorado judge require recusal from other prosecutions by the same district attorney's office?
No automatic recusal was required on the stated facts under the then-current Canons. The Board said the judge should assess any personal bias, while the separate legal question of a motion to…
Could an Ohio judicial candidate say 'Democratic Party Endorsed' or 'Republican Party Endorsed' on campaign billboards and yard signs?
The opinion concluded that throughout a campaign a judicial candidate could truthfully state in person or in advertising that he or she was endorsed by or a nominee of a political party, provided…
Can a newly appointed magistrate keep serving out a term as an elected city council member?
The opinion concluded that it was improper under the Ohio Code of Judicial Conduct for a newly appointed full-time or part-time domestic relations magistrate to continue serving out a term as an…
Can an Ohio lawyer outsource legal or support services to lawyers or nonlawyers, domestically or abroad, and what does the lawyer owe the client?
The opinion concluded that the Ohio Rules of Professional Conduct do not prohibit outsourcing legal or support services, directly or through a service provider, but require the lawyer to disclose…
May a judicial officer become a charter member of a new Kiwanis Club?
West Virginia JIC Opinion 2009-15 permits membership, subject to former Canon 4C(3)’s litigation, fundraising, and investment-advice limits.
Can a Utah lawyer represent a homeowners association against a property manager who refers business to the lawyer?
Representing an association in matters not adverse to the manager raises no conflict and needs no disclosure, but suing or negotiating against the manager creates a personal-interest conflict under…
In a medical malpractice case, can I run a newspaper ad asking the defendant physician's other patients to contact me about whether they filled out a patient-history questionnaire, without complying with the lawyer-advertising rules?
Yes. The panel held that a newspaper advertisement seeking factual information from other patients about the physician's use of patient-history questionnaires is neither a solicitation of…
A group of lawyers and mental health professionals want to form a not-for-profit together offering psychological services, co-parenting mediation, and guardian ad litem representation in family cases. Does Rule 5.4 allow this?
No. The panel held that serving as a guardian ad litem is the practice of law, and a multidisciplinary business combining that practice with mental-health and mediation services provided jointly…
May a Maryland judge serve on the Children’s Justice Act Committee, which addresses child-abuse cases and grants?
Yes, if the judge’s participation is limited mainly to improving the law and administration of justice and excludes executive or legislative functions, including agency protocols, binding grant…
Can a real estate lawyer let a title insurer audit the lawyer's trust account, and can the lawyer use an outside reconciliation service?
Yes, within limits. The opinion concludes a lawyer may voluntarily permit a title insurer to audit a trust account used solely for real estate closings, but only for transactions the insurer…
Could a Colorado judge accept a longtime friend's paid birthday trip without reporting it under the 2009 Canons?
Yes, under the Canons. The Board treated the trip as ordinary social hospitality because of the longstanding friendship and equal treatment of guests; it expressly declined to decide statutory…
May a judge attend or participate in fundraisers for a family foundation and a community theater?
Nebraska Judicial Ethics Opinion 09-1 allowed donating to and attending the foundation fundraiser, but barred personal fundraising participation, fundraising website use of the judge’s identity, and…
Can a lawyer who serves as a bankruptcy trustee contact a debtor who has a lawyer, without going through that lawyer?
It depends on the lawyer's role. The committee concluded that Rule 4.2 applies only when a lawyer is representing a client, so a lawyer acting solely as a bankruptcy trustee (not as legal counsel…
Must a lawyer share information about a criminal client's case with the client's court-appointed guardian when the client objects?
The committee concluded that, because a court had given the guardian full authority over the client's legal matters, the lawyer does have an obligation to communicate with the guardian even over the…
Can a New Jersey lawyer partner with, share fees with, or take referrals from a for-profit loan or mortgage modification company?
No to partnering or fee-sharing. The Committee concludes a New Jersey lawyer may not pay referral fees to, share fees with, work as in-house counsel for, or partner with a for-profit loan…
Can a Florida lawyer who is a retired or former judge use the title 'Judge' on letterhead, business cards, or in advertising?
No. A retired judge who is actively practicing law may not use 'Judge' as a title, even when paired with 'former' or 'retired,' because it is misleading and may imply improper influence; the lawyer…
Can a lawyer collect a client's auto med-pay insurance proceeds, hold them in trust, and negotiate down the medical provider's bill before paying it?
The Committee concluded that yes, the Nevada rules do not prohibit a lawyer from obtaining a client's medical-payment coverage monies under an auto policy, holding them in trust until the end of the…
What kinds of client information does Rule 1.6 stop a lawyer from disclosing?
The Committee concluded that Rule 1.6(a) protects ALL information relating to the representation of a client, not just secrets, confidences, or privileged communications. The duty applies whatever…
Can a lawyer draft pleadings or otherwise substantially help a litigant who appears 'pro se' without telling the court the lawyer is involved?
The Committee concluded that 'ghost-lawyering', giving substantial legal assistance to a party who appears pro se while knowing the help will not be disclosed, is unethical unless the ghost-lawyer's…
Could a judicial candidate or sitting judge attend political organization events and accept tickets?
The Committee distinguished purchased tickets from gifted tickets and political organization events from candidate fundraisers, applying different rules to judicial candidates and noncandidate…
May a judge donate her artwork to a State Bar section’s silent auction for a law school scholarship?
Yes, on the stated facts, if the donation satisfies the other canons, the judge’s title is not used to promote the item or auction, and her artwork is not singled out in the promotion.
Can a bar's ethics counsel direct an investigator to pose as a client in a sting to catch someone engaged in the unauthorized practice of law?
The committee concludes that bar staff counsel may direct an investigator or volunteer to use covert, deceptive tactics to investigate the unauthorized practice of law where no other reasonable…
May a Colorado lawyer outsource legal work to temporary lawyers licensed elsewhere or in a foreign country?
Yes, if the Colorado lawyer verifies status and competence, supervises the work, protects confidentiality, avoids unauthorized practice and conflicts, and charges reasonable fees. Client disclosure…
May a California lawyer and client agree to a contingency fee calculated as a percentage of the combined damages plus court-awarded statutory attorney's fees in a fee-shifting case?
Yes. A retainer that defines gross recovery to include statutory fees and then takes a percentage of the whole is not fee splitting with a non-lawyer under former Rule 1-320(A), because the…
What are a California lawyer's ethical duties when serving as outside counsel for a corporate debt-collection business whose nonlawyer staff drafts the pleadings and processes the collection cases?
The lawyer must actively supervise rather than rubber-stamp; failure to do so aids unauthorized practice of law under former Rule 1-300, and seeking attorney's fees for nonlawyer work without…
May a judge be a “celebrity server” at a CASA fundraising event?
West Virginia JIC Opinion 2009-14 advises against serving because the event would use the judge’s participation to raise funds, contrary to former Canon 4C(3)(b).
Can a lawyer be listed as 'General Counsel' on a client company's letterhead and sign letters that way?
The opinion concluded that a lawyer or law firm may be listed as 'General Counsel' on a client organization's letterhead, and may sign correspondence that way, if the lawyer represents the…
After mediating a divorce, can the lawyer-mediator draft the petitions and decree for the parties to file?
The opinion concluded that after a domestic relations mediation, a lawyer-mediator may not, under Prof. Cond. R. 1.7(c)(2), prepare the legal documents for both parties, but may prepare them for one…
Can a county prosecutor represent two county officials or entities at once when they disagree, or when one sues the other?
The opinion concluded that a county prosecuting attorney may represent multiple statutory clients in negotiating a contract or memorandum of understanding unless a Rule 1.7(a) conflict exists that…
Can a New York lawyer contact lay organizations to offer to speak to them about legal topics, and do the advertising and solicitation rules apply?
Yes, a lawyer may contact lay organizations to offer to speak on legal topics. But if the communication is made expressly to encourage the audience to retain the lawyer or firm, it becomes an…
I represent clients in a real estate lawsuit against a couple. Separately, I'm being asked to represent other individuals who may end up bringing a class action over legislation, and that couple would be unnamed members of that class. Is that a conflict?
No. The panel held it is not a Rule 1.7 conflict of interest to represent individuals who may become plaintiffs in an eventual class action where two unnamed members of that class are adverse…
Can a West Virginia law firm organize another law firm as its wholly-owned subsidiary, and how must the two firms hold themselves out and check conflicts?
Yes. The opinion concludes the Rules of Professional Conduct accommodate a wholly-owned subsidiary law firm, provided the firm complies with Rule 5.7 and West Virginia statutes; both firms must…
What must a Florida criminal defense lawyer do when a client is proceeding under a false name?
If the lawyer learns before agreeing to represent the defendant that the client is using a false name and cannot persuade the client to correct it, the lawyer must decline. If the lawyer learns it…
If a Maine lawyer sits on the board of a nonprofit that helps domestic violence victims, can the lawyer represent a client whose adversary is getting services from that nonprofit?
Yes, in the situations described. The opinion concludes the lawyer is not disqualified merely because the adverse party receives services from the nonprofit, but the lawyer must disclose the board…
May a Missouri law firm destroy a paper client file after creating a complete electronic copy without client consent?
Yes, after addressing long-term integrity and access, but not for intrinsically valuable items or originals with legal significance. The client must receive an accessible copy on request.
May Missouri defense counsel advise a client to waive ineffective-assistance claims, or may a prosecutor demand that waiver?
No. Defense counsel's personal interest created a nonwaivable conflict, and a prosecutor could not seek waiver of claims based on ineffective assistance or prosecutorial misconduct.
What are a New Hampshire lawyer's duties regarding metadata in electronic documents sent to or received from opposing counsel?
Sending lawyers must take reasonable care to avoid disclosing confidential information hidden in metadata, and receiving lawyers may not search for, review, or use metadata from opposing counsel,…
Can a New Hampshire lawyer drafting a client's will or estate plan name themselves as executor, trustee, or other fiduciary?
Yes, at the client's request and after the disclosures Rule 1.4 requires, so long as the lawyer can still give independent advice on the choice of fiduciary. Naming oneself by default or requiring…
Does a daughter’s summer clerkship at a law firm automatically require a judge to recuse from every case involving that firm?
West Virginia JIC Opinion 2009-12 rejects automatic firm-wide disqualification but requires disclosure and inquiry into the daughter’s tenure, role, and case work before a case-specific recusal decision.
Can a lawyer advertise a Super Lawyers or Best Lawyers ranking?
Yes, with context. The opinion concludes a lawyer may reference a commercial ranking like Super Lawyers or Best Lawyers in advertising if it states the publication name, the date, and the practice…
Can a lawyer call a fee or retainer "nonrefundable"?
No. The opinion concludes it is misleading to describe any fee or retainer as nonrefundable, because every fee must be reasonable under Rule 1.5 and any unearned advance must be refunded under Rule…
Before filing a matter with a state agency that will decide it, can a Texas lawyer contact the agency to influence the outcome?
Only in limited ways. The Committee concludes Rule 3.05 bars ex parte communications with the agency's decision maker meant to influence a matter, even before filing, once an agency decision is…
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.