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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Which pending matters did Alabama Canon 3A(5) require a judge to report after six months under submission?
The Commission said the report covered each case with any matter fully submitted for decision and under advisement for six months or more, including motions and orders at any stage of a case.
Must a judge recuse when counsel comes from a large firm whose nonlitigating partner is the judge’s wife’s nephew?
The relationship alone does not require recusal. The Commission identifies a substantially affected interest, other facts reasonably questioning impartiality, or party bias as possible grounds; only…
In Alabama, can a lawyer represent criminal clients when a partner serves as a part-time municipal court judge or part-time assistant district attorney?
A partner or associate of a regularly serving part-time municipal court judge may not represent clients in that court, because the conflict is imputed under Rule 1.10. A partner of a part-time…
Can a firm pay a for-profit marketing company an annual fee to advertise its services to a company's employees at a reduced rate?
No. The committee concluded the arrangement violates Rule 7.2(d)(2): paying an annual fee to a for-profit 'lawyer referral service' to steer a select group of employees to the firm is giving…
Can a state's attorney's office also run the community service program that monitors the sentences it helped obtain?
No. The committee concluded that taking on the community service coordinator role creates an irreconcilable conflict under Rule 1.7, because the program is funded in part by fees from people…
May a Missouri lawyer indemnify an opposing party for the lawyer's client's third-party debts as a settlement term?
No. A guarantee from the lawyer's own funds was prohibited financial assistance, and opposing counsel could not request a settlement term requiring another lawyer to violate that rule.
Can a law firm cooperate with a client's outside billing auditor and pay the auditor a percentage of the firm's billings directly from the firm's account?
Yes, with the client's informed consent. The committee concludes that cooperating with a client-hired auditor and paying it a percentage of billings from the firm's account is an allocation of costs…
Can a New Jersey lawyer charge a 50 percent contingent fee in a consumer-protection case where the recovery includes statutory attorneys' fees?
The Committee concluded a fixed 50 percent contingency cannot be deemed reasonable per se and cannot be broadly approved where it would exceed the statutory, regulatory, or decisional framework that…
Can a prosecutor condition a plea deal or pretrial intervention on the defendant releasing civil claims and agreeing to hold harmless the police or government?
No. The Committee concludes RPC 3.4(g) prohibits a prosecutor from conditioning a plea or entry into pretrial intervention on the defendant's release of civil liability and a hold-harmless…
Can a law firm's employment agreement require a departing lawyer to pay the firm part of fees earned from clients who follow her?
Yes, but only if the formula is fair. The opinion concludes a firm may include a departure fee-division provision as long as it is reasonably calculated to compensate the firm for resources it…
In North Carolina, which advance legal fees must go into the trust account, and which can a lawyer treat as earned on payment?
The opinion gathers and reconciles the prior fee opinions and sorts advance fees into types: an advance payment (billed against, usually hourly) remains the client's property and must stay in the…
Can a Maine lawyer mine an opposing counsel's electronic document for metadata, and does the sending lawyer have to scrub it first?
No to mining: a lawyer may not seek to uncover metadata containing confidential information the lawyer should know was not meant to be sent. The sending lawyer has a duty to use reasonable care to…
May a magistrate hire a niece as magistrate assistant after selecting her on the merits?
West Virginia JIC Opinion 2008-13 advises against hiring the niece because it could violate former Canon 3C(4)’s nepotism prohibition and at least create an appearance of favoritism.
May a part-time mental hygiene commissioner continue serving until the day before becoming an assistant public defender?
West Virginia JIC Opinion 2008-12 permits service until the public-defender job begins, provided the two positions do not overlap.
If a lawyer consults their firm's in-house ethics counsel about their own conduct, is that confidential and what must be disclosed?
The opinion concludes that ethics consultations within a firm create a separate client-lawyer relationship, that consulting is impliedly authorized and needs no client consent, and that firm ethics…
Can a judge raise private money or donations to fund a drug court or other problem-solving court?
A judge may help fund a therapeutic or problem-solving court only within the limits of Model Code Rule 3.7(A): the judge may seek grants and recommend funding but may directly solicit contributions…
May a Maryland circuit court judge serve on a county Local Management Board that allocates funds for family services?
No. The Committee concludes that the board’s funding, implementation, and evaluation duties are executive functions, and that its services to litigants could call the judge’s impartiality into question.
Can a Texas lawyer put a binding arbitration clause covering fee disputes and malpractice claims in an engagement agreement?
Yes, if the terms are not unfair to a typical client willing to arbitrate, the client has enough information to make an informed decision, and the clause does not limit the lawyer's malpractice…
Does a lawyer owe a duty of confidentiality, and risk disqualification, when a would-be client sends details through the firm's website or leaves them on voicemail?
It depends on whether the lawyer invited the information. Unsolicited details left on a voicemail or sent to a posted email address create no duty of confidentiality, but a website that invites…
Can a lawyer defend an insured in a case while also representing, in an unrelated matter, the insurer that holds a subrogation right against any recovery?
Usually not. Under Georgia FAO 05-11, if the insurer is the lawyer's client in the unrelated matter, defending the insured is advocacy against a current client and an impermissible Rule 1.7(a)…
May a judge speak at a state board anniversary dinner and accept the complimentary meal?
Nebraska Judicial Ethics Opinion 08-4 permitted speaking at and attending the nonfundraising board dinner; the complimentary meal fit the former Code’s justice-related activity or ordinary…
Can a law firm advertise that it will donate part of a client's legal fees to charity, for example to children's charities for car-wreck cases?
No. The opinion concludes that advertising that a client's legal fees will be shared with a charitable organization is prohibited, because it is a misleading comparison ad under MRPC 7.1 and runs…
Can a law firm sue an insurance carrier on behalf of insureds while also defending that same carrier against other insureds in unrelated coverage cases?
There is no per se bar, but the conflict is consentable only after careful case-by-case analysis. The committee concludes positional conflicts, the possible need to cross-examine the carrier's…
May a judge send appreciation letters to people who reported for jury service?
Yes, if the letters go only to those who reported, simply thank them for civic service, come from judges with official contact, and are mailed routinely and promptly after service.
Does a subrogated insurer become a client of the lawyer who represents the insured plaintiff?
No. The opinion concludes that pursuing an insurer's subrogated claim on the insured's behalf does not, standing alone, make the insurer a client of the insured's lawyer; the insurer's financial…
When did public opposition permit a Colorado judge to campaign for retention under the 2008 Canon?
The Board found active opposition when public newspaper-site comments urged nonretention during the judge's candidacy. Critical coverage of a ruling alone did not satisfy that standard.
Must a lawyer pack and ship a former client's file, and when may the lawyer charge for a copy?
The committee said the lawyer must make the former client's file available but need not pack or ship it; the committee declined to say whether the 700-mile distance changes that result. A requested…
Does a lawyer have to withdraw because opposing counsel calls the lawyer a 'necessary witness,' when others in the firm know the same facts?
No. The committee concluded that a lawyer is a 'necessary witness' under Rule 3.7 only when the lawyer is the sole available source of material testimony on a contested issue, so as long as others…
May a judge speak about matters arising in the judge's courtroom at a seminar limited to criminal defense lawyers?
The committee recommended declining the seminar invitation. Because prosecutors could not attend, the presentation could create a reasonable public perception that exposure only to the defense side…
In a small community with few lawyers, can a Texas lawyer advise the client to hire all of them so the opposing party can't find local counsel?
It depends on purpose. The Committee concludes that counseling a client to retain all local lawyers to deprive the opposing party of representation violates Rule 4.04(a) if the conduct has no…
Can a Texas lawyer keep representing a client when a former client's conduct turns out to be material to the case?
Yes, if the new matter is not adverse to the former client, or if it is adverse but does not question the lawyer's prior work, is not the same or substantially related, and carries no reasonable…
Can a Texas lawyer agree to mediate a divorce between two unrepresented spouses and also draft the divorce decree and documents if they settle?
No. The Committee concludes a lawyer-mediator may not agree up front to both mediate and provide legal services, which violates Rule 1.11(b); and because a divorce is litigation, the lawyer cannot…
Must a judge recuse from every prosecution when his son works as a deputy prosecutor in another division?
The Committee said the son’s employment alone did not require recusal from every case handled by the prosecutor’s office, absent other compelling circumstances, but the judge had to recuse when the…
What did the Committee say about an incumbent judge announcing a future judicial campaign before the election?
The Committee found no express bar in the then-current Code to the proposed card or request for public support, but recommended waiting until 365 days before the election under a proposed new Code.
May Missouri lawyers use collaborative-law agreements requiring new counsel if settlement fails?
Yes, with the client's signed informed consent after a thorough explanation of the process and alternatives. An actual personal-interest conflict could still require withdrawal.
Can a lawyer whose law partner is a city law director represent criminal defendants?
The opinion concluded that a city law director or assistant city director, having prosecutorial duties for the state, could not represent criminal defendants where the state is plaintiff; a firm…
Can lawyers in the same county public defender's office represent co-defendants, even at a preliminary hearing or in unrelated cases?
The opinion concluded that an assistant county public defender should not represent co-defendants at a felony preliminary hearing, or one co-defendant in a felony while representing the other in an…
What does an Ohio lawyer do with money in a client trust account when the client cannot be found or identified?
The opinion concluded that when the identity or whereabouts of the owner of funds in an IOLTA or client trust account is unknown, the lawyer follows Ohio's unclaimed-funds statute (R.C. Chapter 169)…
Can a lawyer outsource legal or nonlegal work, including to overseas providers, and what duties apply?
Yes. The opinion concludes a lawyer may outsource legal or nonlegal support services if the lawyer remains ultimately responsible for competent representation under Rule 1.1 and supervises the…
Could a part-time district judge serve as a city attorney for the city where he judges cases?
The Committee found no categorical ban on the legal-services agreement, but said the judge would have to recuse from every case involving the city and that excessive recusal would make the…
May a circuit court master or staff enter case information into a child support agency’s internal case logs?
No. Because the agency is a party before the master and may use the logs in later hearings, the Committee concludes that the master and staff must not make the requested entries.
Can a lawyer who represents a judge also appear before that judge for other clients in unrelated matters, and what must the lawyer do about disqualification?
Representing the judge is a conflict that the non-judicial client can consent to, but if the judge does not raise disqualification as the Judicial Code requires, the lawyer who continues the matter…
May a juvenile drug court judge join the board of a treatment provider receiving referrals from that court?
No. The provider receives juvenile drug court referrals, which triggers Canon 4C(4)(c)(ii)’s restriction on board service; the opinion also identifies fundraising limits.
Can a lawyer hire a nonlawyer to organize and speak at estate-planning seminars, and what can the nonlawyer say or do?
Yes, a lawyer may hire a nonlawyer to give estate-planning seminars presenting general information, but the nonlawyer may not exercise independent legal judgment, give legal advice, or meet…
Can a lawyer deliver or manage client files through a password-protected website instead of on paper?
Yes. A lawyer may upload closing documents to a secure website and email the client a password to download them, and may use a web-based management system that gives clients online access to their…
Can a lawyer subpoena documents from a non-party without scheduling a hearing, deposition, or trial?
Yes. The opinion concludes a lawyer may issue a subpoena to a third party to produce records without a pending hearing, deposition, or trial, so long as the subpoena complies with the current North…
Can a New York lawyer provide legal services by phone to employees referred by an Employee Assistance Program that pays the lawyer, and later take private work from those employees?
Yes to both, if the Code is otherwise honored. The committee concludes a lawyer may serve EAP-referred clients by telephone and be paid by the EAP, and may accept ancillary private retention,…
May a magistrate candidate volunteer at a fire department fundraising breakfast and join the local Chamber of Commerce?
West Virginia JIC Opinion 2008-11 permits breakfast volunteering only without direct fundraising, and disallows Chamber of Commerce membership because the organization could serve members’ economic…
Can a Montana lawyer charge a fixed or flat fee, and can such a fee be called 'nonrefundable' or 'earned on receipt'?
Yes to flat fees, with conditions. The opinion concluded Rule 1.5 permits a fixed or flat fee if the agreement meets disclosure, reasonableness, refund, and trust-deposit obligations, and…
I have a medical-payment check for my former client, but she won't endorse it, her new lawyer wants me to forward it, and the chiropractor who has a lien wants me to hold it. What do I do with the check?
Hold it or interplead. The panel held that under Rule 1.15(d) and (e), where a client and a third-party lienholder both claim an interest in the same funds and the client has not consented to…
My client, who was insured through the carrier that retained me, is giving an account of the accident that's flatly contradicted by the police report and eyewitnesses. Do I have to withdraw?
It depends on what the lawyer actually knows. The panel held that Rule 1.16(a) requires mandatory withdrawal only if the lawyer knows the client is lying in furtherance of a fraudulent claim; if the…
Can a New York lawyer monitor a client's investments for potential claims for free, then handle any resulting lawsuit for a fee?
Yes. The committee concludes a lawyer may review a client's portfolio for potential securities-fraud claims without charge, even though the lawyer may later be retained, for a fee, to litigate any…
Must a lawyer keep client emails and electronic documents, and can the lawyer charge the client to retrieve and produce them?
A lawyer must retain emails and electronic documents the client may later need, the same as paper files, and a client has a presumptive right to the lawyer's entire file subject to narrow…
May a judge hire a law clerk who also serves without pay on the county planning commission?
The committee found no Code bar to the hiring on the stated facts. The clerk must be insulated from county-party cases, and the judge must recuse from county-party cases involving matters on which…
Can a D.C. lawyer pass on to the client the interest the firm pays on a line of credit it used to advance the costs of the client's case?
The opinion concludes a lawyer may pass along the interest charges incurred by using the firm's line of credit to advance a client's litigation costs, so long as the client is fully informed in…
How do the D.C. conflict-of-interest rules apply to a lawyer who lobbies, and can a lawyer-lobbyist avoid them by treating lobbying as a law-related service?
The opinion concludes that the D.C. Rules treat lobbying as a 'matter,' so most conflict rules apply. Rule 1.7(a) absolutely bars a lawyer or firm from advancing opposing positions in the same…
If two jointly represented clients want opposite litigation strategies, can the lawyer keep representing one of them?
Not both. The committee concludes a lawyer must withdraw from joint clients whose strategies significantly diverge, and may continue for one only with the other's informed consent and if the lawyer…
Can a New Mexico lawyer pay an expert witness a fee that is contingent on the outcome of the case?
The opinion concluded that paying a fact witness on a contingency basis violated the rules, while whether paying an expert witness contingently violated them turned on undeveloped New Mexico…
Can an Alabama lawyer advertise the ability to communicate in a foreign language when a nonlawyer employee, not the lawyer, will actually do the communicating?
Yes, but the advertisement must make clear that the employee, not the lawyer, will communicate in the foreign language. Any Rule 7.2(e) disclaimer must appear in the advertised language (and in…
Can a Maine lawyer communicate with clients by unencrypted email without violating the duty of confidentiality?
Yes, as a general matter and subject to appropriate safeguards. The opinion concludes lawyers have a reasonable expectation of privacy in unencrypted email, but reasonable judgment may require a…
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.