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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Can a hearings officer, agency adjudicator, or judge apply or negotiate for a government legal job while a matter involving the prospective employer is pending before them?
Under Oregon RPC 1.12(b), an adjudicator who participates personally and substantially in a matter may not negotiate for employment with a party or a party's lawyer in that matter, though merely…
When a California lawyer settles a fee dispute with a client, may the settlement agreement include a general release and a Civil Code section 1542 waiver that also covers legal malpractice, and what does the lawyer have to do first?
Per California Formal Opinion 2009-178, a lawyer must promptly disclose to the client the facts giving rise to any actual or potential malpractice claim before entering into such a settlement. The…
When a settlement check in a California personal injury matter is made jointly payable to the client, the former attorney with a charging lien, and successor counsel, may the former attorney refuse to endorse it without violating former Rule 4-100(B)(4), and what must she do with the undisputed portion the client demands?
Per California Formal Opinion 2009-177, yes, the former attorney may refuse to endorse, because endorsing would extinguish her charging lien under Civil Code section 2913 (per Feldsott). But she…
In a California case under a fee-shifting statute, may plaintiff's counsel block a settlement her client wants to accept because it waives statutory fees, and does defense counsel violate any ethical rule by recommending or conveying a fee-waiver settlement offer, either in a particular case or as a general practice?
Per California Formal Opinion 2009-176, no on all three counts. Plaintiff's counsel must inform the client of a fee-waiver settlement offer and consummate it in accordance with the client's wishes,…
Can jointly represented clients agree in advance to let their lawyer accept an aggregate settlement without each client's approval?
The opinion concluded that the informed-written-consent requirement for aggregate settlements under Rule 1.8(g) cannot be waived; absent court approval, a lawyer may not bind jointly represented…
Can a New York lawyer or firm pay a pro bono organization to receive pro bono case referrals?
Yes. The opinion concludes such payments are permitted if the fees are 'usual and reasonable' and the organization is a 'qualified legal assistance organization' under Rule 7.2(b), and the lawyer…
When a firm hires a law school graduate who worked in a school legal clinic, can the firm take or keep matters against the clinic's former clients?
Generally yes. The firm may accept or continue matters adverse to clinic clients, but where the matter is substantially related or the graduate gained material confidences, the firm should screen…
What can a New York lawyer say to a self-represented person on the other side, and must the lawyer correct that person's confusion about the lawyer's role?
The opinion concludes a lawyer may advise a self-represented adversary to get counsel and may give incontrovertible facts or law, but may not mislead them; the lawyer must clarify her role when she…
Can a New York lawyer email or write directly to a represented person if the lawyer copies that person's counsel at the same time?
No. The opinion concludes the no-contact rule bars a simultaneous direct communication to a represented person and her counsel unless the lawyer first obtains the other lawyer's prior consent or is…
What must an Alabama lawyer do when a client intends to commit perjury, or when the lawyer learns the client has already lied under oath?
The lawyer must first try to dissuade the client; if the client insists on testifying falsely, the lawyer must refuse to offer it and move to withdraw. If the lawyer learns of past perjury and the…
Can a lawyer who regularly represents a lender represent a debtor in a Chapter 13 bankruptcy where that lender is a creditor?
Only with informed consent confirmed in writing from both clients, and only if the lawyer reasonably believes he can competently and diligently represent the debtor while adequately protecting the…
Must a judge recuse when counsel in a new case took part in an earlier disciplinary case against the judge?
The Commission gives no automatic answer. It says the judge must assess the whole history and relationships for a reasonable question about impartiality, while a pending recusal motion remains for…
Is a judge automatically disqualified when counsel appearing before him is his co-defendant in a federal lawsuit?
No. The Commission rejects automatic disqualification but requires the judge to assess all known circumstances and disclose the co-defendant relationship to parties and counsel.
May a circuit judge serve as auctioneer at a fundraising event for a local political-party club?
No. The Commission says serving as auctioneer would actively solicit bids, use the judge’s position in fundraising, and create an appearance of political influence in the judicial process.
Does a South Carolina lawyer have to follow Rule 7.3's targeted-solicitation rules when mailing letters offering legal services to everyone in a retirement community or zip code?
No. Letters advertising a lawyer's general availability sent to everyone in a geographic area, such as a retirement community or zip code, do not trigger Rule 7.3(d), (g), or (h) on these facts;…
When a landlord and the lawyer's own client both claim money held in the lawyer's trust account, may the lawyer release it, and to whom?
If the third party's (landlord's) claim to the funds is not frivolous, Rule 1.15 requires the lawyer to keep the disputed funds in trust until the dispute is resolved; the lawyer may not release…
Can a lawyer who served as a child's guardian ad litem in an abuse and neglect case later represent the custodial parent in an action to enforce or modify child support?
No. A lawyer who served as guardian ad litem for the children should not later represent the custodial parent in a child support enforcement or modification action; the child is treated as a former…
At a magistrate's docket meeting, may a lawyer ask for a continuance on behalf of another lawyer who is absent, and may a lawyer move to dismiss cases for other lawyers who did not ask the lawyer to act?
A lawyer may appear to request a continuance for an absent lawyer who asked for the favor. A lawyer may not move to dismiss cases on behalf of other lawyers (or their non-client parties) without the…
How should a Nebraska lawyer balance confidentiality and candor when an undocumented workers' compensation client previously used a false Social Security number?
The lawyer must protect the client's status but may not use the false number. The opinion permits writing 'Intentionally left blank' on the court form; if the court then requires disclosure, the…
If a website like Avvo or Martindale builds a profile and rating for a South Carolina lawyer without the lawyer's involvement, may the lawyer claim the listing and invite peers and clients to post ratings and comments?
A lawyer may claim the listing, but by claiming it the lawyer becomes responsible for all of its content, which is then governed by the advertising rules (Rules 7.1 and 7.2). A lawyer may invite…
Must a Nebraska lawyer disclose a client-witness's life-threatening health condition to opposing counsel when the condition is not at issue?
No, absent informed client consent or valid compulsory process after the lawyer pursues available protections. The lawyer must not mislead, and should object or seek a protective order if the…
May a lawyer keep representing a client in a probate appeal while pursuing the lawyer's own personal-injury claim against the client's incarcerated former spouse, and what happens if the client ends the representation?
With the client's informed consent confirmed in writing, the lawyer may continue a limited representation in the probate appeal under Rule 1.2, because the lawyer's and client's interests are…
May a part-time Nebraska city or village attorney, or another lawyer in the firm, accept juvenile guardian ad litem appointments?
Yes, absent a matter-specific conflict. Extra care is required for proceedings originating in the represented municipality, particularly when city officials investigated the case or municipal duties…
Must a lawyer personally pay the fee of a Special Referee the trial judge effectively compelled the parties to use, and must the lawyer try to persuade the insolvent corporate client's principals to pay?
No. No Rule of Professional Conduct requires a lawyer to pay the fee of a Special Referee, especially where the trial judge compelled the referral; the Special Referee is a court of record standing…
Can a Vermont-licensed lawyer accompany nonprofit beneficiaries to court solely as a counselor without disclosing lawyer status?
Opinion 09-08 said the active Vermont lawyer remained subject to professional rules when accompanying beneficiaries in court where their rights could be affected. In the stated circumstances, the…
May a Nebraska county attorney vote to remove a participant from drug court when removal may lead to a probation-revocation prosecution?
Yes. The prosecutor represents the state throughout the collaborative drug-court process, not the participant, and voting on removal is part of that role even if the case returns to the prosecutor's…
In a standard residential real estate closing where the borrower retains the lawyer, does the lawyer also represent the lender, and does following the lender's closing instructions create an attorney-client relationship with the lender?
No. Absent additional facts, a lawyer chosen and retained by the borrower does not represent the lender, and merely following the lender's closing instructions does not create an attorney-client…
Is a Nebraska firm disqualified when a new associate's former firm briefly represented the opposing spouse, but the associate learned nothing about that matter?
No. Rule 1.9(b) disqualifies a lateral lawyer and new firm only when the lawyer actually acquired material protected information and the matters meet the rule's relationship requirements; those…
May a lawyer keep practicing in city court when his firm's senior partner is the mayor who sits on the council that appoints the city court judges?
Yes. The Rules of Professional Conduct do not prohibit the lawyer from practicing in city court; ordinary advocacy is not barred and the conflict rules (1.7 through 1.11) do not apply on these…
May a Nebraska lawyer use a discount coupon in a mass mailer or market services from a booth at a business exposition?
A mass-mail coupon must carry the required advertising notice and use clear, nonmisleading terms. A business-expo booth is allowed if visitors initiate contact and no coercive or deceptive tactics…
Can a law firm's law clerk who interviewed a prospective opposing witness be called to testify about the substance of that conversation?
Yes. Rule 3.7's advocate-witness prohibition applies to lawyers acting as advocates at trial, not to firm employees like a law clerk, so the clerk is not precluded from testifying about the call,…
Could a Vermont firm keep representing a husband and his companies after drafting documents for his wife and take fee mortgages from the companies?
Opinion 09-05 found no former-client conflict in the firm's unrelated ongoing work on the stated facts. It also found the companies' fee mortgages permissible under Rule 1.8 because the written…
When did Nebraska's 2009 advertising rules require a law-firm newsletter to say 'This is an advertisement,' especially when emailed as an attachment?
No label was required for current clients, former clients, or people who requested the newsletter. When required for an emailed attachment, the notice belonged in the subject line and at the end of…
When a client wants to appeal but does not want the trial lawyer to handle the appeal, must the lawyer file the notice of appeal, and can a scope limitation in the retainer change that?
Under Rule 1.16(d) the lawyer must take reasonably practicable steps to protect the client's interests on termination. In a criminal matter the lawyer may be required to file the notice of appeal…
May an Arizona lawyer give clients online access to encrypted electronic files?
Opinion 09-04 finds the proposed encrypted, password-protected client-file system appears to take reasonable confidentiality precautions under ER 1.6. It calls for competent security assessment and…
May a Nebraska prosecutor contact a crime victim directly for medical releases when the victim has counsel in a related civil case?
Not about overlapping facts, issues, or evidence after the victim's civil lawyer requests that contact go through counsel. The prosecutor may seek the records through counsel, subpoena, or search warrant.
When a real estate lawyer is a title insurance agent for two underwriters whose premiums differ, must the lawyer use the cheaper underwriter or disclose the price difference to the client?
The lawyer is not required to write the policy with the cheaper underwriter, but Rule 1.4 obligates the lawyer to disclose the premium difference and any other relevant differences so the client can…
May an Arizona lawyer hold Arizona client funds in a multistate firm’s out-of-state trust account?
Opinion 09-03 permits an out-of-state trust account with the client’s or third person’s consent. Arizona Rule 43 still applies: the institution must be approved and interest from the Arizona funds…
What must a Nebraska lawyer do with trust-account funds belonging to a client who cannot be located?
The lawyer must make a reasonably diligent search. If the client remains missing, the lawyer should safeguard the funds until the statutory period expires and then transfer them under Nebraska's…
When several public defenders from the same office represent co-defendants with inconsistent defenses, must each get the client's informed consent in writing under Rule 1.7?
No, if the office satisfies the screening and autonomy exceptions in Rule 1.10(e); when those are met the attorneys need not turn to Rule 1.7 or obtain written informed consent, even if a…
What are an Arizona lawyer's duties when withdrawing from a case, can the lawyer bill for withdrawal work, and what is owed to the former client?
The lawyer must keep representing the client competently until withdrawal is granted, disclose client confidences only as narrowly as ER 1.6 allows when explaining the withdrawal, may charge a…
May a Vermont lawyer offer college financial planning alongside a law practice?
The linked opinion permits a separate financial planning business if the lawyer takes reasonable measures to make its nonlegal status and the absence of lawyer-client protections clear. It calls for…
Can a lawyer defend a physician when his firm already represents the co-defendant hospital in other cases, and he represents another physician who will testify against this one?
No. Where the physician's position is directly adverse to the firm's hospital client and to another physician-client who will testify against him, the opinion finds non-consentable conflicts under…
Must a Nebraska lawyer disburse collected judgment funds to the client while the judgment debtor's appeal remains pending without a supersedeas bond?
Yes, assuming the client is legally entitled to the funds. Rule 1.15(d) requires prompt notice and disbursement as the client directs, while the lawyer should explain the possibility and…
In a residential real estate closing, may a closing-only lawyer rely on a non-lawyer coordinator's word that recordation and disbursement were properly handled, and can the lawyer limit the scope to avoid responsibility for the other steps?
A lawyer may not rely solely on a non-lawyer's representations that the practice-of-law steps of a closing were performed correctly, and may not accept blanket assurances. A lawyer may rely to some…
May an Arizona firm charge a departing associate $3,500 for each former firm client the associate represents?
Opinion 09-01 rejects the proposed per-client charge as an unethical financial restriction on the departing associate’s practice and the client’s choice of counsel. The committee also identifies…
Could Vermont counsel search an opponent's electronic file for metadata, and what followed an inadvertent privileged disclosure?
Opinion 2009-1 found no Vermont ethics rule barring a recipient from searching ordinary electronic files for metadata. It required notice to the sender upon known or apparent inadvertent disclosure…
When an organization is represented by counsel, which of its current and former employees may opposing counsel contact without permission?
Opposing counsel may contact a current constituent unless that person directs the matter, can bind the organization, or whose conduct may be imputed to it; former constituents may be contacted…
May a Maryland judge serve on the board of a nonprofit residential treatment center for adolescent girls?
Yes, on the stated facts. The center receives agency rather than direct court referrals and is not expected to litigate regularly; fundraising restrictions still apply, and the opinion calls for…
May a Colorado judge approve a deferred sentence requiring a charitable donation?
Yes, under this 2008 opinion, if neither the judge nor the court chose or suggested the recipient charity. The Board did not extend its conclusion to probation conditions.
Could Colorado judges pay association dues used for lobbying and ask peer judges to pay dues?
Yes. The Board allowed dues supporting a nonpartisan judges' association's lobbyist on judicial interests, and solicitation of dues from judges outside the solicitor's supervisory or appellate authority.
Could a part-time active-retired judge appear as of counsel in a law firm advertisement using her former judicial title?
Opinion 08-896 allowed the judge’s name and of-counsel role but barred her former title, positions, and “Honorable” in the advertisement. Opinion 25-966 later overruled its ban on factual…
Can a guardian ad litem for a child disclose what the child told them, against the child's wishes, to investigate and report suspected abuse?
Yes. A guardian ad litem is bound by Rule 1.6 confidentiality except where the GAL's special duties conflict; the committee concludes the GAL must independently investigate abuse allegations and may…
Could a part-time district judge also serve as a public defender in the same county?
No. The Committee concluded that the then-applicable Code prohibited a part-time judge from representing criminal defendants or serving as a deputy prosecutor in the same county.
In Alabama, can a lawyer treat a flat fee as earned on receipt, or must the unearned flat fee go into the IOLTA trust account?
A flat fee received before the work is done is unearned and must be held in the lawyer's IOLTA account until earned, because all fees paid in advance are refundable to the extent unearned. The only…
Can a law firm employ a disbarred or suspended lawyer, and what work can that person do?
The opinion concluded that a lawyer or firm may employ a disbarred, resigned-with-discipline-pending, or suspended attorney only under the conditions of Gov. Bar R. V(8)(G) and (H): the firm must…
Can a city law director who has no duty to prosecute state-law crimes still defend criminal cases?
The opinion modified Opinion 2008-5 to hold that a city law director, assistant, or village solicitor who has no legal duty to represent the state may represent criminal defendants if no city police…
Could an Illinois judge teach a legal education program available only to prosecutors?
Yes, if the judge remained neutral, avoided pending matters and was willing to provide similar instruction to criminal defense lawyers.
May an incoming circuit judge remain in a federal appeal after taking office to transfer it, and prepare affidavits later for work done as a lawyer?
West Virginia JIC Opinion 2008-15 requires the incoming judge to leave the appeal entirely before taking office but permits later fee petitions and affidavits supporting legal work completed beforehand.
May a judge serve on a church trustee committee that oversees facilities?
West Virginia JIC Opinion 2008-14 permits the described church trustee service while reminding the judge of former Canon 4C’s fundraising restrictions.
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.