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 lawyer who represents an insurer on a subrogation claim also represent the insured on related claims like personal injury?
Usually not. Under Georgia FAO 05-7, a lawyer for an insurer's subrogation claim should not also represent the insured on related claims unless adequate representation of both is reasonably likely…
Could an Illinois judge participate as a judge in a teen court diversion program?
The Committee allowed an advisory or supervisory role but barred the judge from deciding guilt or sanctions; later prosecution of the same youth might require disqualification.
Could an Illinois judge urge city officials to shorten liquor-sale hours in public or private?
The Committee allowed public testimony on the proposal; private discussion or a letter was allowed when grounded in the ordinance’s effect on court resources and administration of justice.
May a part-time municipal judge appear periodically on commercial morning television to explain legal issues?
No. The Commission says the proposed arrangement could use the prestige of judicial office to advance the station’s private interests, even if the segments are educational.
May a judge join the Daughters of the American Revolution under former Canon 2C?
West Virginia JIC Opinion 2007-26 permits membership based on the organization description and criteria reviewed by the Commission.
May a mental hygiene commissioner represent clients in guardianship or conservatorship cases before the circuit judge?
West Virginia JIC Opinion 2007-25 permits that work where only the circuit judge hears those matters, but requires recusal if a person involved in the represented proceeding later comes before the…
Could a Maine justice donate book royalties to a law library that publicizes the donation?
Yes. The committee concluded that donating the royalties and the library’s publicity about the gift did not violate the Code on the described facts.
Could a Maine Superior Court judge accept an unpaid appointment to count town election ballots?
No. The committee treated the sworn ballot-counter position as an office under Maine and concluded that Canon 4(C)(2) barred the judge from accepting it.
Could a Maine bar association hold a testimonial dinner for a judge who might continue as an active retired judge?
Yes. The committee said Canon 4D(5)(a)’s public-testimonial exception allowed the county bar association to honor the judge for his service.
Can a New York lawyer handle a home sale that inflates the price and gives the buyer a matching seller's concession to enlarge the mortgage loan?
Only if it is lawful and disclosed. The committee concludes a lawyer may not participate in a grossed-up sale with a seller's concession unless the transaction is entirely lawful, the gross-up is…
Can a public defender cure a conflict between two clients by handing one off to another lawyer in the same PD office, and may the lawyer keep representing the other client?
No to the handoff, yes to continuing. The Committee concludes a public defender's office is one 'law firm,' so under Rule 1.06(f) the conflict is imputed to every lawyer in it; but the lawyer may…
Can a D.C. lawyer pay to participate in a for-profit Internet-based lawyer referral service, including a fee for each client the service sends?
The opinion concludes that lawyers may participate in both not-for-profit and for-profit Internet-based lawyer referral services that charge a flat fee to participate, a flat fee for transmitting…
May a judicial candidate who filed pre-candidacy papers and has a committee campaign in a non-election year?
West Virginia JIC Opinion 2007-24 finds no Code provision prohibiting the described activity, provided the candidate follows Canon 5 and West Virginia election law.
Must a family court judge recuse from another divorce case because one party’s attorney also represents the judge’s brother?
West Virginia JIC Opinion 2007-23 finds no required recusal on those facts but advises on-record disclosure of the attorney’s representation of the judge’s brother.
May a family court judge accept nomination to the governor-appointed Archives and History Commission?
West Virginia JIC Opinion 2007-22 advises against nomination because service could violate West Virginia Constitution article VIII, section 7’s restriction on other public offices or appointments.
Can a New York lawyer take an advance payment retainer into the firm's own account and keep the interest, and require it to cover final fees?
Yes. The committee concludes a lawyer may accept an advance payment retainer, hold it in the lawyer's own account, and keep the interest, and may require an advance retainer to cover final fees,…
Which ethics rules govern a New York lawyer who works mainly abroad, doing work that is law practice but without being admitted in that foreign country?
The foreign jurisdiction's rules generally govern. The committee concludes a New York lawyer authorized to do law-practice work abroad is 'licensed to practice' there, so if the lawyer principally…
May a judge host an unpaid bilingual music and culture radio program?
The committee permitted the unpaid Saturday program on the described facts, provided it did not interfere with judicial duties, compromise impartiality or the office, or use judicial status to…
Does a court-appointed lawyer owe the usual duties to a competent defendant who refuses to be represented?
No. The opinion concludes the client-lawyer relationship is consensual, so a lawyer appointed over a competent defendant's objection has no client and owes none of the Rules' client-relationship…
Can a criminal defense lawyer take possession of a client's hidden contraband to destroy it or turn it over to authorities?
No. The opinion concludes a lawyer may not take possession of an item that is contraband (because possession is itself a crime) or facilitate its transfer in furtherance of a crime; doing so would…
When a lawyer files a wrongful death action for an estate, are the heirs the lawyer's clients, and what duties are owed to them?
The opinion concludes the lawyer for an estate represents the personal representative in his or her official capacity and the estate as an entity, not the heirs; the heirs are interested parties but…
May an Arkansas judge publicly endorse or oppose a candidate for political office?
No. The Committee said Canon 5(A)(1)(b) barred a judge from publicly endorsing or opposing another candidate for public office.
May a Louisiana lawyer give a second opinion to someone already represented in the matter?
Yes, when the represented person initiates contact and the consulted lawyer does not already represent someone in the matter. The opinion also permits communications outside the subject of the…
I run a marketing company on the side that serves doctors, chiropractors, mortgage brokers, and real estate agents. I've referred law clients to some of these same professionals for years. Now that they're becoming marketing-company clients, is it a conflict of interest for me to keep referring my law clients to them?
No, according to this opinion, at least where the lawyer has only an indirect financial interest (as the professionals' marketing services provider) rather than a direct financial interest in their…
May a part-time active-retired judge hear a case involving a firm opposing him in another suit and counsel working with him for a common client?
No. The Commission says the contemporaneous adversarial and co-counsel relationships would reasonably call his impartiality into question under Canon 3C(1).
Could a Maine justice accompany her spouse on a trip he won in a no-purchase sweepstakes?
Yes. On the stated facts, the committee found no Judicial Code violation because the prize went to the spouse and the justice was only an incidental beneficiary.
May a charity use a judge’s quote, name, and title in a donation request, and may the judge donate?
Nebraska Judicial Ethics Opinion 07-3 said the judge should have the quote, name, and title removed from the solicitation, but could privately donate to the nonpolitical charity.
Could a Colorado judge serve on the Child Support Commission that reviews support guidelines?
Yes. The Board found a direct connection between guideline review and the courts' work, and found no stated threat to judicial impartiality or independence.
Could a Colorado judge serve on a county Justice Coordinating Committee?
Yes, under the committee's stated bylaws. The Board found a direct connection to court administration and no apparent compromise of neutrality, but said changed objectives would require a fresh assessment.
Must a Colorado judge recuse from all police cases if the judge's spouse joins the city council?
No automatic disqualification was required on the stated facts. The Board called for case-specific assessment and disclosure of the spouse's council role in police cases.
What must a judge disclose when a lawyer appearing before the judge rents office space from the judge?
The judge must disclose the landlord-tenant relationship to the parties and clients so they can object or waive the objection. Without agreement to waive, the judge should recuse absent compelling…
If a settlement lawyer learns the deed was fraudulently assembled to skip recording and taxes, can the lawyer close the deal, and must the lawyer report the other lawyer?
No to closing. The lawyer cannot knowingly assist a client's fraud under Rule 1.2(c) and must not complete a closing on a deed he knows misrepresents the chain of title; the fraud raises a…
May a circuit judge write an unpaid monthly column for a Christian magazine?
Yes, subject to the Canons the opinion lists. The Commission limits the topics and cautions against legal advice, pending-case comment, use of nonpublic judicial information, and promotion of a…
In Alabama, may a lawyer use private investigators who pose as ordinary customers to investigate suspected intellectual-property infringers before suit is filed?
Yes. Before litigation, a lawyer may use investigators posing as ordinary customers to investigate suspected infringers on the same basis as any member of the public, and limited misrepresentations…
Could an Illinois judge subpoenaed in a malpractice case testify about what happened at an earlier trial?
The Committee allowed testimony about observations when properly subpoenaed, while distinguishing judicial deliberations and opinions about counsel’s performance and recommending consultation with…
Could an Illinois judge hear a case involving the lawyer currently representing the judge’s estranged spouse?
The Committee found the judge disqualified, allowed remittal absent personal bias after disclosure, and permitted ministerial or agreed orders while parties considered waiver.
Could an Illinois judge hear cases involving a former firm that pays the judge an unfunded pension?
The Committee required disqualification while the former firm funded ongoing pension payments, subject to remittal after complete disclosure.
What must a lawyer do when a client provides documents the client wrongfully obtained from the opposing party?
The lawyer must advise the client that the documents cannot be retained, reviewed, or used without telling the opposing party that the lawyer and client have them; if the client refuses to consent…
May a newly appointed judge retain interests in a former law firm’s building partnership and real estate company?
Nebraska Judicial Ethics Opinion 07-2 required divestment of the judge’s firm, building partnership, and property company interests as soon as reasonably possible under the former Code.
Can a lawyer report a non-paying client to a credit bureau or other third party to collect an unpaid fee?
No, not to a credit bureau. Under Georgia FAO 07-1, a lawyer may disclose the fee relationship only through direct collection efforts like suing or using a reputable collection agency; reporting the…
May a D.C. lawyer review the metadata embedded in an electronic document received from opposing counsel?
The opinion concludes that a receiving lawyer is prohibited from reviewing an adversary's metadata only where the lawyer has actual knowledge that the metadata was inadvertently sent. In that…
Must a mental hygiene commissioner resign to run for judicial or prosecutor office, or to accept an assistant prosecutor job?
West Virginia JIC Opinion 2007-21 permits continued commissioner service while running for circuit or family judge, but requires resignation to run for prosecutor or accept an assistant prosecutor job.
Must a judge recuse from cases involving the police officer who is married to the judge’s assistant?
West Virginia JIC Opinion 2007-20 advises recusal from cases directly involving the officer and notes concern about the assistant occasionally riding in the police car.
Does a lawyer serving as an administrative law judge violate Rule 5.5 by allowing a non-attorney to represent a corporation at an administrative hearing?
The committee concluded that an administrative law judge violates Rule 5.5(e) by knowingly permitting the unauthorized practice of law in a proceeding over which the judge presides, limited to…
May a judge employ as bailiff a liquor control board member whose decisions are appealed to the judge’s court?
No. The Committee concludes that a judge’s employment of that board member as bailiff creates an appearance of impropriety that recusal cannot overcome.
May a supreme court justice be recognized as a guest of honor at a charity fundraising luncheon?
The Commission strongly discouraged, but did not absolutely prohibit, the proposed honor because the justice’s prominence could be used to solicit donations or make invitees feel obliged to contribute.
May a judge represent the judge's court as a party in mediation over a technology contract?
The committee said the judge could participate as the court's knowledgeable party representative, provided the judge did not perform a lawyer's functions. The court's general counsel would act as…
May a judge remain president or a board member of a nonprofit that operates a county hospital appearing regularly in the judge's court?
The committee concluded that the judge could not remain president or a board member while serving as a judge. Hospital related garnishment proceedings regularly reached the judge's court, and the…
Must a court-appointed lawyer for an indigent criminal defendant give the no-malpractice-insurance notice under Rule 1.4(c)?
The opinion concludes that a lawyer appointed by a court to represent an indigent criminal defendant need not provide the Rule 1.4(c) notice that the lawyer lacks professional liability insurance,…
I'm licensed in both Rhode Island and New York. As a former general counsel to a New York nonprofit, I made representations to a New York regulator that I now believe are no longer true. Which state's ethics rules govern whether I can disclose this to the regulator?
New York's, according to this opinion. Under the choice-of-law provision of Rhode Island Rule 8.5(b), the ethics rules of the jurisdiction where the lawyer's conduct occurs, or where the predominant…
May unaffiliated Louisiana lawyers share office space without being treated as one firm?
Yes, if the lawyers preserve client confidences and do not present themselves as a firm. The opinion explains that contrary appearances or shared access can lead to imputed conflicts or malpractice…
Can a lawyer represent a client in a collaborative law process that requires the lawyer to withdraw if the case goes to litigation?
Yes, with informed consent. The opinion concludes that collaborative law practice is a permissible limited-scope representation under Rule 1.2(c), and that the four-way agreement requiring the…
Could a Maine District Court judge chair a court advisory committee on children and families?
Yes. The committee concluded that the judge could perform the Chief Justice’s assigned administrative duties because the work concerned the law, legal system or administration of justice.
Can a lawyer who represents a closely held corporation at the board's direction also represent individual directors in their unrelated private matters?
Yes. Corporate counsel may represent the corporation at the direction of a majority of the board and also represent individual directors in separate, unrelated private matters, so long as the…
Must judges recuse when a local lawyer is a party, and does that affect other cases where the lawyer only appears as counsel?
West Virginia JIC Opinion 2007-17 leaves those situations to each judge’s case-specific assessment under former Canons 3B(1) and 3E(1), with the Chief Justice ultimately deciding appropriate recusal…
Could a Colorado judge serve on bar task forces about judicial performance and death-penalty legislation?
Yes, for the limited roles described. The Board said the judge should reassess death-penalty task-force service if its work expanded to taking a position on the penalty itself.
What should a family court judge do when a nonprofit uses the judge's name on fundraising letterhead without approval?
The committee advised the judge to request removal of the name from future letterhead. It did not advise a correction letter for solicitations already sent, because that could draw more attention to…
Must a judge recuse from all cases involving the attorneys at a firm where the judge’s fiancée works as a legal assistant?
West Virginia JIC Opinion 2007-16 requires recusal from cases involving the lawyer who employs the fiancée and that lawyer’s associate, even though her planned work was limited to personal injury matters.
Can a New Jersey attorney run a commercial divorce-mediation center under a trade name and have the center collect and keep the mediation fees?
No, not as structured. The Committee concludes that attorneys taking cases from the center practice law as limited-scope third-party neutrals; the mediation charges are legal fees, so the center's…
Can a lawyer bill a client for the time spent preparing and arguing a motion to withdraw from the case?
Generally no. The opinion concludes that obtaining the court's permission to withdraw is the lawyer's own professional obligation under Rule 1.16(c), so the cost may not be shifted to the client,…
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.