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 Maine lawyer use off-site vendors for transcription and computer backup if their technicians can access confidential client data?
Yes, with appropriate safeguards. The opinion concludes a lawyer may use remote transcription and server-backup services outside the lawyer's direct supervision if the vendor has an enforceable duty…
May a Louisiana lawyer share office space with a nonlawyer business?
The rules do not categorically prohibit the arrangement, but the opinion identifies confidentiality, independence, fee sharing, unauthorized practice, paid referrals, and client-business-transaction…
When a New York lawyer must report another lawyer's misconduct, who counts as the right authority, and does telling a lawyer assistance program satisfy the duty?
The report must go to a tribunal or a grievance/disciplinary committee with investigative power. The committee concludes that reporting to a lawyer assistance program, while salutary, does not…
May a district judge who hears domestic violence cases join an interagency task force formed to fight domestic violence and sexual assault?
No on the proposed facts. The Commission says membership in the still-undefined task force would adversely reflect on the judge’s impartiality in cases he hears.
Can a Kentucky lawyer join a for-profit group marketing service that sends prospective clients to participating lawyers through an 800 number or website, and how can the lawyer pay for it?
Qualified yes. The opinion concluded a lawyer may participate and pay reasonable advertising costs (including per-'hit' charges) so long as the arrangement is advertising and not a disguised…
May a mental hygiene commissioner remain in a law firm with an associate who becomes a part-time prosecuting attorney?
West Virginia JIC Opinion 2008-10 says the commissioner cannot keep both the judicial appointment and the legal association while the associate serves in the prosecutor’s office.
What disclosure or recusal is required after a judge vacations with a lawyer who appears before the judge?
West Virginia JIC Opinion 2008-09 advises ongoing disclosure of the social relationship; a personal bias or prejudice arising from it requires recusal.
May a judge lecture at a legal ethics seminar co-hosted by a law firm and Bar Counsel and sponsored by an insurer?
Yes, under the described educational format and the opinion’s constraints on impartiality and favoritism. The Committee found that insurer sponsorship alone did not make the lecture improper.
May two judges personally market billing software and consulting services to healthcare providers through their own company?
No. The Commission rejects the proposed marketing agreement and says the judges should not personally market the services or software to any degree.
Can a lawyer who sits on a company's board, but is not its counsel, or anyone in that lawyer's firm, sue the company for a client?
The opinion concluded that a lawyer who sits on a corporation's board but is not its counsel has a Rule 1.7(a)(2) material-limitation conflict barring the lawyer from representing a client suing…
May judicial staff attorneys represent private or pro bono clients outside their court employment?
Nebraska Judicial Ethics Opinion 08-2 found no Code ban on outside representation by supervised staff attorneys, but said the judge must supervise Code compliance and applicable personnel rules…
I'm a sole practitioner and I also volunteer as a court mediator. Can I rename my firm 'Smith Law and Mediation' to promote both services?
No. The panel held that including 'Mediation' in a law firm name is misleading under Rule 7.1 because it implies the lawyer's private mediation practice is regulated by the Rhode Island Supreme…
Could Colorado judges up for retention appear in a voter-information television program in 2008?
No. The Board held that appearing on a television program organized for retention candidates would be campaign activity prohibited by former Canon 7B(2) absent active opposition.
May a judge donate identifiable race-car lessons or band performances for a charity auction where the judge meets the winning bidder?
The committee found the proposed services donation problematic under the fundraising and judicial-prestige rules because bidders could identify the judge and the judge would interact with the…
When a lawyer represents an organization in a dispute, does the lawyer also represent the organization's officers and employees, and what must the lawyer tell them?
No. The opinion concludes that representing an organization does not by itself create an attorney-client relationship with its constituents, and a lawyer may not assert otherwise without a…
What are a Colorado lawyer's duties for metadata, both when sending electronic documents and when receiving them from the other side?
A sending lawyer must use reasonable care, grounded in competence and confidentiality, to avoid transmitting metadata containing confidential information. A receiving lawyer generally may search and…
May a retired judge subject to recall advertise mediation or arbitration services using a judicial title and years of service?
The Committee permits an accurate statement that the person is a retired judge, but says the number of years of judicial service should not be stated and ADR decisions should not be signed as a judge.
May a Maryland judge serve as president of a school parent teacher student association?
Yes, on the stated facts: the association is separate from the school system and unlikely to litigate before the judge, while fundraising and direct financial duties are delegated and the letterhead…
Is a circuit judge disqualified from hearing a case against the state Supreme Court’s administrator because of routine contact with that court?
West Virginia JIC Opinion 2008-06 says most responding Commission members found no Canon 3E disqualification; a minority thought the rule of necessity would permit the judge to hear it even if…
Could a Colorado judge teach evidence law at a conference attended mostly by attorneys on one side of cases?
Yes, under the stated conditions. The Board allowed neutral evidence teaching if the judge was open to teaching opposing advocates and avoided legal advice, bias, and comments on pending cases; it…
When a city attorney represents the city as an organization, does the lawyer owe confidentiality to individual officials like the mayor or council members, and can separate office lawyers be screened from each other?
The city attorney's client is the city, not its individual constituents, so information from one official generally need not be kept from another and may have to be shared to keep the city informed.…
May a judge receive remuneration or an honorarium for officiating a wedding outside ordinary work hours?
West Virginia JIC Opinion 2008-05 advises that a judge should not accept compensation for officiating weddings during work hours, on weekends, or after work hours.
What did the Committee advise an administrative judge to do when an organization the judge leads bids on a court contract?
The Committee encourages disclosure and says the judge should recuse from further participation, with another qualified official handling the bid. Its opinion also describes notice to bidders when…
Can one lawyer in a firm present the administration's case to a school board while another lawyer in the same firm advises the board?
Yes, there is no conflict of interest, because both lawyers represent the school board and owe no duty of loyalty to the student or employee appearing before it; but the opinion strongly urges…
If a lawyer learns a client filed court documents under an alias, must the lawyer correct the record despite confidentiality?
It depends on materiality. The opinion concludes a lawyer has a duty under Rule 3.3 to correct previously filed court documents that contain the client's alias only if the client's name is a…
Can a lawyer collect contact forms at a seminar, give gifts for referrals, and hand out business cards for others to distribute?
The opinion concludes a lawyer may conduct and advertise educational seminars and collect attendee feedback forms, but may not follow up by in-person or telephone solicitation and must wait for the…
Where must the 'advertisement for legal services' notice go on a targeted direct-mail letter and envelope, and what else can appear?
The opinion concludes the required advertising notice satisfies the 'beginning of the body of the letter' requirement if it appears anywhere from the top of the page down to immediately below the…
Can a lawyer outsource legal support work to nonlawyers or foreign-licensed lawyers abroad?
Yes. The opinion concludes a lawyer may outsource legal support services to nonlawyers or foreign-licensed lawyers, and the assistant's location is irrelevant, so long as the lawyer satisfies the…
When a lawyer switches firms in Nevada, when is the new firm conflicted out, and can screening cure it?
The Committee concluded that a lawyer who moves firms is personally disqualified under Rule 1.9 from a matter adverse to a former client he represented or about which he gained confidential…
Can a Virginia lawyer who practices only patent law before the USPTO form a partnership or share fees with a non-lawyer registered patent agent?
Yes, in this narrow setting. Although Rule 5.4 bars partnering or sharing fees with a non-lawyer, federal patent regulations preempt that rule for a practice devoted solely to patent law before the…
When an agent under a durable power of attorney hires a lawyer to get a client onto Medicaid, and the agency claims the agent mismanaged the client's money, does that create an unwaivable conflict?
The committee concluded the only client is the Medicaid applicant, not the agent, so the agency's claim that the agent mismanaged funds does not by itself create an unwaivable conflict. It is at…
If a lawyer represents two clients in the same matter, can the lawyer share one client's confidential information with the other?
Not without informed consent. The opinion concludes that Rule 1.6 protects each client's information separately, so a lawyer may not reveal one client's confidential information to a co-client where…
Can a Utah lawyer ghostwrite pleadings or give substantial behind-the-scenes help to a self-represented litigant without telling the court, and what duties still apply?
The opinion concludes that, absent a court rule requiring disclosure, it is not dishonest for a lawyer to give extensive undisclosed limited-scope help to a pro se litigant, including drafting…
May a judge who is a college trustee co-host an alumni outreach breakfast and use the judicial title on its invitation?
Yes, on the stated facts. The event has no fundraising and is not coercive membership solicitation; the invitation may use the judicial title if comparable professional titles appear for the other hosts.
Could a Colorado judge attend a party caucus or vote in a primary election under the 2008 Canons?
The Board barred attendance or participation in a partisan precinct caucus but permitted a secret-ballot primary vote. It declined to decide the First Amendment question.
Can a Texas lawyer have a client agree in advance that the lawyer may charge the client's credit card for invoices unpaid after 30 days?
Yes. The Committee concludes a lawyer may charge a client's credit card for earned fees if the client consents and the client's right to challenge a disputed bill is preserved; but a disputed amount…
Can a Texas lawyer's engagement agreement require the client to pay the lawyer's defense costs if the lawyer gets joined as a defendant in the client's case?
Yes, with conditions. The Committee concludes such a clause is permissible if it does not prospectively limit the lawyer's malpractice liability under Rule 1.08(g) and if the defense-cost obligation…
May one Louisiana lawyer represent both a driver and the driver's injured guest-passenger?
Generally no, because even slight driver fault gives the passenger a potentially adverse claim. The opinion recognizes only rare cases in which the conflict is consentable and both clients give…
May a judicial candidate advertise that people who bring drugs into the county for sale should be dealt with harshly?
West Virginia JIC Opinion 2008-04 advises against the proposed statement, while revising earlier advice to recognize that candidates may announce general views on disputed legal and social issues.
May a judicial candidate retain an interest in a real-estate LLC after winning office?
West Virginia JIC Opinion 2008-03 permits the described LLC interest while the person is a candidate but advises that retaining it after becoming a judge would be improper.
Must a circuit judge resign to run for Arkansas county judge?
Yes. The Committee treated county judge as a nonjudicial office for the then-current Code, so a circuit judge entering that race had to resign under Canon 5(A)(2).
Can a Utah lawyer who represented a party in a guardianship case go on to represent the guardian the court appoints?
Only after analyzing it as a current-or-former-client conflict under Rules 1.7 and 1.9; if the facts show direct or material adversity, or the guardian's fiduciary and statutory duties would…
What fundraising and organizational roles may a magistrate or judicial candidate undertake?
West Virginia JIC Opinion 2008-02 requires a campaign fundraising committee, bars the judge’s direct nonprofit fundraising roles and event tasks, and rejects board service for an entity likely to…
Can a lawyer licensed in another state represent Social Security claimants in Nevada without being admitted there?
The Committee concluded that an attorney admitted in another state but not in Nevada does not commit the unauthorized practice of law by representing Social Security claimants in proceedings before…
Can a lawyer join a for-profit business networking group that requires members to exchange client referrals?
No. The opinion concludes that a lawyer's commitment to give business referrals in exchange for client referrals is 'giving something of value' to solicit employment, barred by Rule 7.3(f). A…
Can the New York office of a multi-state law firm be run by a non-partner New York lawyer supervised by an out-of-state partner who is not admitted in New York?
Yes, under the Code. The committee re-examines and overrules N.Y. State 175 and concludes the Code does not require a multi-state firm to have a partner admitted in New York; the New York office may…
If a Texas lawyer agreed to binding arbitration of a fee dispute and loses, is refusing to comply with the award a disciplinary violation?
It can be. The Committee concludes that refusing to obey the award violates Rule 1.14 or 1.15(d) if the lawyer keeps client funds contrary to the award, and violates Rule 8.04(a)(3) if the lawyer…
Must a judge recuse when a litigant adds the judge as a defendant in an apparent sham claim about a case-management order?
The committee said the amendment did not automatically disqualify the judge on the described facts and allowed a hearing to assess it. If the claim was not sham or frivolous, or if the judge had…
Must judges recuse from an attorney's other cases after one judge charged the attorney with contempt and another handled that proceeding?
The committee said neither judge had to recuse from the attorney's other cases merely because of the contempt proceeding. Its conclusion depended on the absence of personal bias or extrajudicial…
Could an elected city attorney also serve as a district judge in a different city?
The Committee found no direct Code prohibition on holding both offices, but said the then-current Code would require resignation from the judgeship to run again for the city attorney office.
May a New Mexico municipal judge publicly oppose a ballot amendment requiring municipal judges to be lawyers?
The committee permitted the judge's proposed public opposition to Amendment 7 and activity in a non-attorney judges' association, subject to the Code's integrity, impartiality, work-time, and…
Must a judge disclose that a frequent courtroom lawyer is the judge’s campaign manager, and what happens if a party objects?
West Virginia JIC Opinion 2008-01 says the judge’s disclosure is required and an objection should follow the ordinary Family Court recusal procedure.
If a Colorado lawyer already took earned fees out of the trust account and the client then disputes the bill, must the lawyer put the disputed money back into trust?
No. The opinion concludes that once fees are properly withdrawn from trust under Rule 1.5(f) and the fee agreement, a later client dispute does not turn the money back into client property, and…
Can a prosecutor tell someone that criminal charges will be deferred if they settle a civil claim, like repaying alleged welfare overpayments?
Only with probable cause. The committee concludes a prosecutor may propose a civil resolution as an alternative to prosecution only if, after due investigation, the prosecutor has formed an opinion…
Can a nonprofit trade association run an attorney-staffed legal hotline that disclaims any attorney-client relationship and waives conflicts for its members?
No, it cannot disclaim the relationship. The Committee concludes an attorney-client relationship ordinarily arises in one-on-one hotline advice, so the association cannot disclaim it; RPC 6.5…
Can a lawyer use a free email service, like Gmail, that scans message content to display targeted ads, given client confidentiality duties?
Yes. The committee concludes a lawyer may use an email provider whose computers scan messages to generate targeted advertising, so long as no humans other than sender and recipient read the messages…
What makes an 'of counsel' designation proper, and how does it affect firm names, fee division, and conflicts of interest?
The opinion concluded that a lawyer may be 'of counsel' to a firm only where there is a continuing, close, regular, and personal relationship that is more than a partner/associate role, a mere…
May a sitting judge attend or participate in a party caucus selecting presidential convention delegates?
Nebraska Judicial Ethics Opinion 08-1 concluded that even attending the public party caucus was prohibited political gathering activity, and participation was a prohibited public endorsement; one…
May a retired Maryland judge approved for recall serve as personal representative of a friend’s estate?
Yes. The Committee says the fiduciary-service restriction does not apply to retired judges approved for recall under Canon 6C, and it identified no other disqualifying issue on the stated facts.
Can a D.C. lawyer take on a matter adverse to a former client by limiting the scope of the new representation so that it is not substantially related to the prior matter?
The opinion concludes that, under certain conditions, a lawyer may limit the scope of a new representation, to a discrete legal issue or a discrete stage of litigation, so that the new matter is not…
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.