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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After New York required conflict consents to be 'confirmed in writing' on April 1, 2009, does a lawyer need to re-obtain consents that clients validly gave before that date?
No. The committee concludes that the new requirement that conflict consents be 'confirmed in writing' applies only to consents given on or after April 1, 2009; consents validly given before that…
May an incumbent New Mexico judge serve as an elected delegate to a county political convention?
The committee said no. It treated a convention delegate as an office in a political organization barred by Rule 21-700(A)(3)(a), and said the role would compromise public confidence in judicial…
Can a lawyer use a credit card account that splits client payments into trust and operating accounts at deposit?
The opinion concludes a lawyer may use a credit card account that routes unearned fees to the trust account and earned fees to the operating account at deposit, because the funds are separated…
What must a closing lawyer do when a title company appears to be preparing deeds in the unauthorized practice of law?
The opinion concludes the lawyer must raise the concern with the supervising attorney, and report that attorney to the State Bar only if the lawyer reasonably believes the attorney is knowingly…
Can a lawyer foreclose on a current client's property to collect an unpaid fee while still representing the client?
No. The opinion concludes that enforcing a security interest by foreclosing on a current client's property to collect a legal fee, even in a matter unrelated to the representation, creates a…
Can a Virginia lawyer pass credit-card merchant fees on to the client, and how should those fees and chargebacks be handled with the trust account?
A lawyer may pass merchant fees on to a client who pays by credit card if the fee is disclosed and the client consents; the committee cautions against letting the bank debit the trust account and…
I was a part-time assistant solicitor prosecuting misdemeanors and housing matters for a municipality. Now that I'm in private practice, can I represent people the municipality's police department charges, or people cited in housing court?
Yes, generally. The panel held the attorney may represent clients before the municipal court on housing matters and clients charged by the municipality's police department, provided the specific…
Can a licensed lawyer who works as a clerk of court take pro bono cases through a volunteer lawyer program, especially defending child-support cases in her own district?
No. The committee concluded that the lawyer's position as clerk of court, her statutory duties to the district judges, her access to the state child-support computer system, and her prior work for…
Does tying an insurance staff lawyer's bonus to a minimum number of jury trials create UPL or a conflict of interest, and must the lawyer tell the insured?
The committee concluded that an insurer's plan rewarding staff counsel for a minimum number of jury trials is not the unauthorized practice of law, but a staff lawyer who tries a case solely to…
Could an Illinois judge appear with a spouse in a religious school’s student recruitment video?
Yes, under the stated facts. The Committee allowed a parent interview that did not identify the speaker as a judge and did not solicit donations or trade on judicial office.
Must a judge recuse when an attorney who managed the judge’s campaign and remains a family friend appears?
West Virginia JIC Opinion 2009-11 advises recusal for an extended period based on the lawyer’s campaign-manager role and continuing social friendship, without specifying a fixed end date.
May a judge serve on a county school facilities committee or speak publicly for a fundraising children’s foundation?
West Virginia JIC Opinion 2009-10 rejects the school committee because the board may litigate before the court and rejects the foundation spokesperson and media roles because the public could…
May a magistrate hear cases in which the magistrate assistant’s attorney spouse is counsel?
West Virginia JIC Opinion 2009-09 requires disclosure every time, with recusal decided case by case; it records a minority view that the lawyer should never appear before that magistrate.
Must a circuit judge recuse when the chief justice is a defendant and appointed that judge to a committee?
No on the stated facts. The Commission said the chief justice’s official-capacity role in the suit and committee appointment alone gave no basis for disqualification.
Are a state agency's staff attorneys responsible for a non-lawyer investigator's contact with a represented licensee when the investigators are not supervised by the lawyers?
No, not on these facts. The committee concludes a non-lawyer investigator's conduct is not imputed to agency staff attorneys unless the lawyers have supervisory authority over the investigators;…
May a judge accept a governor’s appointment to a prison-overcrowding commission?
West Virginia JIC Opinion 2009-07 says the appointment would violate the other-government-appointment bar in West Virginia Constitution article VIII, section 7.
Must a family court judge recuse from a custody case after an initial consultation with one party before taking the bench?
West Virginia JIC Opinion 2009-06 requires recusal despite the judge’s lack of memory and the parties’ agreement to proceed, because the prior consultation likely conveyed disputed facts.
May a Maryland District Court Commissioner serve as a volunteer firefighter on personal time?
Yes. The Committee permits the described volunteer work, but the commissioner must act as a private citizen, avoid using the judicial title or position, and observe the Code’s fundraising limits.
Can a D.C. lawyer accept credit cards to pay legal fees, including advance or unearned fees, and what does the trust-account rule require?
The opinion concludes that a lawyer may accept credit cards for payment of legal fees, including unearned (advance) fees, so long as the lawyer complies with the D.C. Rules and does not enter a…
Can a firm that represents a city in civil matters also take a contract to defend indigent defendants the city is prosecuting?
No. The committee concluded that a firm which represents the city (through contracts with the city attorney) cannot also serve as contract indigent-defense counsel against the city's own…
Can a lawyer use client testimonials, dramatizations, or fictional sketches in TV or website advertising in Utah, and when do they cross the line into false or misleading?
The opinion concludes testimonials, dramatizations, and fictional vignettes are permitted so long as they are not false or misleading; they become impermissible where a reasonable person would reach…
Did a judge properly handle a criminal case after a defendant and family campaigned for the judge and the prosecutor?
West Virginia JIC Opinion 2009-05 approves the judge’s disclosure of the defendant family’s campaign support, leaves prosecutor disqualification to lawyer-discipline advice, and says an actual…
Can a juvenile court judge accept travel expenses or a meal paid for by a private placement facility that gets court placements?
The opinion concluded that a juvenile court judge or court staff may not accept travel expenses (travel, meals, lodging) or a gratuitous non-conference meal from a private placement facility that…
Can a full-time magistrate or judge moonlight as an independent contractor doing legal research for a legal publisher?
The opinion concluded that Jud. Cond. R. 3.11(B) bars a full-time magistrate (and judge) from serving as an independent contractor for any business entity unless an exception applies, and that none…
May a juvenile referee serve on the board of a nonprofit drug testing laboratory serving West Virginia treatment courts?
West Virginia JIC Opinion 2009-04 advises that the referee should not join the board; it also advises against court-administrator board service because of an appearance of impropriety.
Must a Maine judge recuse when a future son-in-law’s law firm appears before the judge?
The firm’s appearance alone did not require recusal. If the son-in-law personally worked on the matter and a party moved for recusal, the committee said the judge must disqualify; without a motion,…
May a judge own existing rental property and potentially acquire more?
West Virginia JIC Opinion 2009-03 permits rental-property ownership if it complies with former Canon 4D and Matter of Means, particularly the bar on ongoing business relationships with people likely…
Must a magistrate recuse when a police officer who is the magistrate’s third cousin seeks warrants or appears in cases?
West Virginia JIC Opinion 2009-02 finds no Canon 3E conflict on the described third-cousin relationship because it falls outside the provision’s third degree of relationship.
Must a judge recuse from a pending abuse and neglect matter after representing the same father in an earlier case involving a different child?
West Virginia JIC Opinion 2009-01 finds no recusal requirement on the described facts because the current matter involved a new issue and parties not involved in the judge’s earlier representation.
Does a D.C. lawyer owe a duty of confidentiality to a prospective client whose information reached the lawyer only through another lawyer acting on that person's behalf?
The opinion concludes yes. When a prospective client consents to having one lawyer call a second lawyer about taking the case, the second lawyer must treat the information conveyed as confidential…
May a Maryland judge ask a represented defendant to disclose immigration status at sentencing or a bail hearing?
No. The Committee concludes that the described inquiry could create an appearance of impropriety at sentencing or bail. It expressly reserves whether the inquiry violates substantive law.
Can a lawyer draft pleadings and advise a pro se litigant without telling the court about the help?
Yes. The opinion concludes a lawyer may give a pro se litigant behind-the-scenes assistance, including drafting pleadings and advising on courtroom strategy, without disclosing that help or ensuring…
Can an appointed trial lawyer sign a notice of appeal for an indigent parent in a juvenile case even if the lawyer doubts the appeal has merit?
Yes. The opinion concludes it is not unethical under Rule 3.1 for an appointed trial lawyer to sign a notice of appeal to preserve an indigent parent's right to appeal in an abuse, neglect,…
Can a lawyer negotiate a civil settlement that includes the plaintiff's promise not to report the defendant's conduct to law enforcement?
Yes, within limits. The opinion concludes a lawyer may participate in a civil settlement that includes a non-reporting condition, provided the condition does not amount to the crime of compounding…
Can a lawyer report an opposing party's immigration status to ICE to gain an advantage in a civil case?
No, unless the law requires it. The opinion concludes a lawyer may seek discovery of a party's citizenship status for a proper, relevant purpose, but may not report that party to ICE to gain an…
May a New Mexico judge publish a magazine essay about her same-sex relationship and public policy?
The committee said the Constitution and then-current Code protected publication of the essay, but a case directly raising its subject might require recusal. It suggested a personal-views disclaimer…
Can a New Mexico law firm organize as a limited liability company under the Rules of Professional Conduct?
The committee concluded it may be ethically possible for a New Mexico law firm to organize as an LLC, but only if doing so is otherwise lawful, and it could not resolve whether the law permits it…
Does a Florida lawyer owe confidentiality to someone who sends unsolicited information through the lawyer's website or by email?
No, where the information is sent unilaterally with no reasonable expectation of confidentiality; that person is not a prospective client, so the lawyer has no conflict and may use or disclose the…
Can a lawyer give social gifts to, or buy meals for, judges and court staff?
The opinion declines to give definitive advice. Because Rule 8.4(f) bars a lawyer from offering a judge anything the judge is forbidden to accept, the analysis runs through the Code of Judicial…
When a lawyer jointly represents an employer and a foreign worker, must the lawyer tell the employer the worker's work authorization was revoked even though the worker objects?
Yes. The opinion concludes that under the joint-client rules (Rule 1.7) and the duty to keep a client informed (Rule 1.4), the lawyer must tell the employer the work authorization was revoked, even…
Can a lawyer charge a contingent fee to collect past-due child support after the divorce is already final?
Yes. The opinion concludes Rule 1.5(d)(1)'s ban on contingent fees in domestic-relations matters does not reach collecting post-judgment support arrears once the divorce is final and the support…
Can a lawyer take a second guardian ad litem appointment when the new role would require approving the lawyer's own prior GAL bills?
Not without a fix. The opinion concludes that reviewing one's own prior invoices is a non-waivable conflict under Rule 1.7(b) because the incompetent ward cannot consent, so the lawyer must decline…
Could a judge participate in a family nonprofit selling his gospel music recordings for charity?
The Committee found no Code prohibition on the activities described, provided the judge complied with the Code’s other limits, including those on using judicial prestige and interference with…
When must a Maine judge recuse if the Attorney General is the judge’s sister-in-law?
The committee said recusal was required on a party’s request when the Attorney General personally directed or approved decisions in the case. After disclosure, no objection meant no Code violation;…
What must a Wisconsin lawyer tell a client about fees and expenses, and when does that have to be in writing?
The opinion concludes that a lawyer must communicate the scope of the representation, the basis or rate of the fee, and the expenses the client will bear, in enough detail for the client to…
What are a prosecutor's ethical duties when dealing with an unrepresented person in Wisconsin?
The opinion concludes that under the amended SCR 20:3.8 a prosecutor must identify their role and interest to an unrepresented person, must tell a person with a right to counsel how to obtain one…
If a client signed a doctor's lien on settlement proceeds but the lawyer never agreed to honor it, can the lawyer disburse the funds to the client?
No, not while the claim is disputed. The opinion concludes that once a lawyer has notice that a third party asserts an interest in specific trust funds identified by lien, court order, judgment, or…
Can a lawyer share fees with, and pay for translation and paralegal work by, a foreign law consultant who refers non-English-speaking clients, and pay a referral fee?
The lawyer may accept FLC referrals and may pay the FLC for translation and paralegal work as a client-borne cost, and may share legal fees with the FLC for foreign-law work under RPC 1.5(e) and APR…
Can a lawyer represent one wholly owned subsidiary while being adverse to another subsidiary of the same parent company?
The committee concluded the answer is fact-dependent under RPC 1.7, 1.13, and ABA Formal Opinion 95-390, and that the inquiry did not present enough facts to decide, noting RPC 1.7(a)(2) may also apply.
Can a lawyer keep a 'non-refundable availability retainer' as the lawyer's own property if it credits the client future hours, and can hourly-rate work be called pro bono?
No. The committee concluded that a fee crediting future legal services is not a true retainer under RPC 1.5(f)(1), so it must go into trust under RPC 1.15A(c)(2); and labeling full-rate hourly work…
Can a lawyer hold client trust funds in a CDARS certificate-of-deposit account that carries a withdrawal delay or early-withdrawal penalties?
No. The committee concluded that client trust funds must be capable of withdrawal without delay unless law or regulation requires it, and a client cannot consent to such a delay, so a CDARS account…
Do the lawyer conflict-of-interest rules apply to a lawyer acting as a hearing examiner rather than representing a client?
No. The committee concluded that a lawyer serving as a hearing officer is not representing a client, so the conflict-of-interest rules are not implicated, while expressing no opinion on other laws…
Can defense counsel ethically let a client take an early plea offer that bars reviewing redacted discovery, and must counsel still investigate or share discovery?
The committee concluded counsel must competently explain the offer's scope and restrictions, including any limits on available information and the risk that seeking more discovery may withdraw the…
When defense counsel must raise a criminal defendant's competency with the court, how much client information can the lawyer disclose under RPC 1.14 and 1.6?
The committee concluded that if counsel is legally obligated to raise competency, the lawyer must do so but should disclose only what is necessary, often just that a competency issue exists,…
Can a lawyer put a clause in the fee agreement saying that if a client never cashes a refund check from the trust account, the leftover funds become the lawyer's?
No. The committee concluded such a clause violates RPC 1.15A, 1.5, and 1.8; uncashed client funds must be treated as unclaimed property under RCW 63.29, and the rule is the same regardless of the…
May a lawyer charge an additional fee for substantial work resolving health-insurer subrogation claims in a contingent-fee tort case?
The opinion permits an additional fee reasonably related to substantial subrogation work if it is clearly communicated to the client and the actual fee is reasonable.
Could a lawyer contact prospective clients on Twitter or respond to a request there for a lawyer recommendation?
The opinion treats that direct contact as prohibited solicitation under Rule 4-7.3(b). It says the rule then permitted written solicitations only by regular mail and required a paragraph longer than…
May defense counsel send a social-network friend request to a represented plaintiff to view the plaintiff’s posts?
No. The opinion treats a Facebook or MySpace friend request as a communication under Rule 4-4.2 and bars sending it directly to the represented plaintiff.
Can a New York lawyer ask an unrepresented, non-subpoenaed witness to refrain from voluntarily giving information to the opposing party?
Yes. The opinion concludes a lawyer in civil litigation may ask an unrepresented witness to refrain from voluntarily providing information to other parties, but may not advise the witness to evade a…
If a current client files a bar complaint against the lawyer but does not fire the lawyer, must the lawyer withdraw from the case?
No, qualified. The opinion concludes a client's bar complaint does not require withdrawal and is not a per se conflict; the lawyer must withdraw only if the complaint creates a significant risk that…
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.