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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Does a lawyer who used to work at a Legal Aid office have a conflict against a party another Legal Aid lawyer represented while she was there?
Only if she personally acquired confidential information material to the new matter and the matters are substantially related. Without both, there is no conflict under Rule 1.9(b).
May a Texas lawyer offer legal services under a monthly subscription model, and how must the lawyer treat the fee in trust and on cancellation?
Per the Committee, a subscription fee model is permitted if the fee is not unconscionable under Rule 1.04(a); the unearned portion of a prepaid subscription fee must be retained in trust until the…
When an Illinois lawyer moves from partner to a continuing relationship with the firm, may the firm use 'senior counsel,' 'special counsel,' or 'counsel' instead of 'of counsel' to describe the lawyer?
The opinion concludes yes. Illinois Rule 7.5(a) (read with Rule 7.1) permits any of those terms to describe a lawyer who has a close, regular, and continuing relationship with the firm. The opinion…
May a Vermont assistant judge serve as an auxiliary state police officer for boater and snowmobile safety?
No. The Committee concluded that even limited law enforcement service threatens the appearance of judicial impartiality and independence, may cause frequent disqualification, and raises separation…
Must an Alabama judge recuse when officers supervised by the judge's police-lieutenant spouse handled a case?
Alabama JIC Opinion 24-962 disqualifies the judge when the spouse or officers under the spouse's command were involved in the case. Because the ground falls under Canon 3C(1)(d)(ii), the parties may…
What ethical duties must a Missouri law firm address in a policy for using generative AI?
The opinion requires attention to competence, confidentiality and safeguards, court rules, independent judgment, verification of output, supervision, reasonable fees, and candor. Lawyers must…
What must a Missouri lawyer do when opposing counsel files the lawyer's client's personal information without required redactions?
The lawyer must act to protect the client's information, communicate with the client, and follow court procedures for redaction mistakes. Reporting opposing counsel depends on actual knowledge of…
May a Missouri lawyer who does not know how to redact PDFs rely entirely on nonlawyer staff to redact and e-file pleadings?
No. The lawyer remains responsible for filings made at the lawyer's direction, must understand the redaction requirements and relevant technology, train and supervise staff, review documents before…
May a Missouri lawyer redact pleading information when there is a good-faith but uncertain basis for believing redaction law protects it?
Yes. The opinion permits redaction when the lawyer has a nonfrivolous basis in fact or law, including a good-faith argument to change existing law, while also requiring compliance with tribunal…
May a Missouri lawyer redact an entire pleading after the caption instead of determining what the court's redaction rules require?
No. The opinion concludes that blanket redaction without a nonfrivolous basis violates competence, tribunal-rule compliance, and misconduct provisions; the lawyer must understand Case.net and…
Can a lawyer pass the credit card merchant processing fee on to a client who pays legal fees by credit card?
Yes. The opinion concludes a lawyer may pass a merchant processing fee on to a client as an expense if both the legal fee and the processing fee are reasonable and the lawyer explained the charge…
May a judge sanction a lawyer's late order by directing a donation to an organization that appears before the court?
West Virginia JIC Opinion 2024-13 says it is improper for a judge to require a lawyer to donate to an entity appearing before the judge as a sanction for a late order; sanctions require legal authority.
May a judicial candidate feature identified, out-of-uniform law enforcement officers endorsing the candidate in campaign ads?
West Virginia JIC Opinion 2024-12 permits the described campaign photographs and ads with identified, out-of-uniform officers endorsing the circuit-judge candidate.
Can a New York lawyer review or sign a client's litigation funding agreement, and what are the lawyer's duties on fee sharing, conflicts, confidentiality, and control of the case?
Client-directed litigation funding does not violate Rule 5.4 because the funder is repaid from the client's recovery, not the lawyer's fee. A lawyer reviewing such an agreement must watch for…
A former criminal-defense client disputed a court-transcript vendor's credit-card charge, and the vendor wants me to sign an affidavit confirming I received the transcripts and the work was acceptable. Does giving that affidavit breach my duty of confidentiality to a former client?
The panel concluded the attorney may provide the affidavit. It would use information relating to the former representation to the client's disadvantage under Rule 1.9(c)(1), but the specific facts…
Can one law firm represent both the buyer and the seller in the same residential real estate sale if both sides consent, or is that a nonconsentable conflict of interest?
The panel held the described transactions violate the conflict rules. Representing both the buyer and the seller in the same real estate sale is a directly adverse concurrent conflict under Rule…
At real estate closings, the buyer's attorney is adding disbursement, discharge-tracking, wire, and courier fees to the settlement statement that my seller client must pay. Do those fee practices violate the ethics rules?
Yes. The panel held these closing fees violate Rule 1.5: they are unreasonable expense charges (a wire fee, for one, reflects a cost no institution actually charges on IOLTA transfers), and they…
Can an Ohio lawyer use a fee agreement that lets the lawyer choose, at settlement, whichever is larger between the hourly fee and a contingent percentage?
No. The Board concludes such an agreement is improper: it is largely illusory because the lawyer can collect the higher of two fees without bearing any real risk of no recovery, and it threatens the…
May a judge handle a courthouse comfort dog and lend it to other organizations?
West Virginia JIC Opinion 2024-11 allows the judge to handle a personally purchased and maintained comfort dog if the county permits courthouse access, but bars a judge or staff handler when a third…
May a circuit judge keep hosting a nonpartisan educational television program about courts?
West Virginia JIC Opinion 2024-10 permits the judge to host the program under stated limits on topics, neutrality, personal time, court resources and voluntary participation by court personnel.
Can a D.C. lawyer use generative AI like ChatGPT in client matters, and what ethics duties apply?
The opinion concludes that lawyers may use generative AI but must satisfy their existing duties: competence requires a current understanding of the tool and verification of its outputs (especially…
How can an Indiana public defender provide limited representation to multiple defendants at initial hearings?
The defender must clearly explain the limited scope, remain competent, communicate offers and rights, protect confidences, and obtain additional counsel or expand the representation when conflicts…
May a judge-elect speak publicly about a civil trial win while the appeal period remains open?
West Virginia JIC Opinion 2024-09 applies Rule 2.10 to a judge-elect and bars the proposed case presentation while the appeal period runs, absent a written waiver of appeal and payment of the judgment.
Can a Massachusetts lawyer list citations to published cases the lawyer handled on the firm website without client consent?
Not always. A published opinion can still contain confidential information under Rule 1.6, so if the case details are embarrassing or detrimental and not generally known, the lawyer must get the…
Can a Massachusetts lawyer draft a client's estate plan that leaves a gift to a charity where the lawyer is an officer or board member?
Yes, but only with the client's informed consent confirmed in writing. The lawyer's leadership role at the charity is a personal-interest conflict under Rule 1.7(a)(2), and the lawyer should tell…
A lawyer talked to a prospective client but did not take the case; can the lawyer's firm still represent someone adverse to that prospective client without disqualifying the whole firm?
Yes, if the lawyer took reasonable measures to avoid learning more disqualifying information than necessary to decide whether to take the matter, is timely screened, shares no fee, and the firm…
May a Kentucky lawyer disburse client funds when a third party claims a lien or other interest in the money?
Kentucky's current Rule 1.15 does not impose an ethical duty to resolve a third party's claim before paying a client, but it permits the lawyer to hold disputed funds while legal rights are…
What ethical duties apply when a Kentucky lawyer uses artificial intelligence in client work?
A Kentucky lawyer using AI must maintain technological competence, protect client information, charge reasonable fees, verify AI-assisted filings, and supervise the firm's use of AI. Routine AI…
Does RPC 4.2's no-contact rule bar a lawyer who is representing himself (pro se) from communicating directly with a represented opposing party?
The Committee concludes RPC 4.2 does not apply to a lawyer proceeding pro se, because the rule opens with 'in representing a client' and self-representation is not representing a client. Other rules…
May a judge work as a paid auctioneer or call bids at charity auctions?
West Virginia JIC Opinion 2024-08 permits part-time paid auctioneering on the judge's own time with written approval and no interference with judicial duties, but prohibits the judge from…
May a Maryland judge running for election answer a voter guide questionnaire about juvenile justice and court issues?
Maryland Judicial Ethics Opinion 2024-06 permits the candidate-judge to answer a League of Women Voters questionnaire if the answers avoid commitments on issues likely to reach the court and…
What ethical rules does a Colorado lawyer have to satisfy to practice virtually or work remotely?
The same rules that apply in a brick-and-mortar office. The opinion concludes virtual practice does not change a lawyer's duties of competence, diligence, communication, confidentiality, and…
Can a New Jersey certified attorney pay a referral fee to an out-of-state lawyer who is not licensed in New Jersey?
The opinion concluded no: certified attorneys generally could not pay referral fees to out-of-state lawyers not eligible to practice in New Jersey. The New Jersey Supreme Court vacated Opinion 745…
May a Colorado lawyer copy a client on a group email to opposing counsel, and may opposing counsel use reply all?
The opinion concludes that the sending lawyer must obtain the client's informed consent before including the client and impliedly consents to a receiving lawyer's reply all. That implied consent is…
Can a New York lawyer use 'J.D.' on letterhead and business cards while working in a nonlegal job, such as a university development officer?
Yes. The opinion concludes a lawyer who earned a juris doctor may use the 'J.D.' designation while working in a nonlegal capacity, as long as the lawyer takes care that the relevant audience is not…
What are the ethical duties of an Illinois lawyer who serves as local counsel for an out-of-state lawyer in an Illinois state-court criminal matter, and may local counsel limit attendance at court proceedings?
The opinion concludes local counsel owes the client the same duties as lead counsel under the Illinois Rules. Local counsel and the client may agree in writing to limit scope under Rule 1.2(c), but…
If a lawyer learned confidential government information while in public service, when does Model Rule 1.11(c) bar the lawyer from representing a private client against the person that information concerns?
Rule 1.11(c) applies whether the lawyer has left government or still serves (including part-time private practice), and the disqualification reaches any client the lawyer represents in private…
Will the West Virginia JIC issue an advisory opinion about a judicial candidate's opponent or a third-party campaign statement?
In Opinion 2024-07, the West Virginia JIC unanimously declined to opine on another person's conduct and declined further clarification of its earlier opinions on disavowing third-party statements.
May a judicial candidate continue representing political party organizations in pending lawsuits?
West Virginia JIC Opinion 2024-06 permits the described legal representations during the campaign, with counsel-only messaging and termination before taking the judicial oath if the cases remain open.
May a prosecutor running for judge post criminal case outcomes on a prosecutor website during the campaign?
West Virginia JIC Opinion 2024-05 says the candidate should not post about cases while running for office, but may post the actual sentencing order without further comment.
May a West Virginia judge coach a school team or referee school sports?
West Virginia JIC Opinion 2024-04 bars paid or volunteer school-system coaching because Board of Education cases would require disqualification, but permits refereeing under the applicable referee rules.
Can a part-time town attorney with no prosecutorial duties represent criminal defendants at arraignment in a centralized arraignment part where a justice of his town sometimes presides?
Yes. The opinion concludes that a part-time town attorney who has no prosecutorial responsibilities may, as a part-time public defender, represent criminal defendants at arraignments in a county's…
May a West Virginia judicial candidate answer a political party's multiple-choice legal-issues questionnaire without room to explain?
West Virginia JIC Opinion 2024-03 says candidates should not answer the described legal-issues questionnaire in its fixed-choice format without an opportunity to explain their answers.
Can I help organize and moderate a public civic panel on local housing as a private citizen, when many attendees could be potential clients of my elder-law firm, without violating the solicitation rules?
Yes. The panel concluded the attorney may organize and moderate the panel because two facts remove the concern Rule 7.3(a) targets: the attorney would act as a private citizen with no pecuniary…
Can a Wisconsin lawyer record a conversation without telling the other person, when the recording is legal under one-party-consent law?
It depends on who is recorded. The opinion concludes that recording clients, judges, or court personnel without their knowledge and consent violates the disciplinary rules, but recording opposing…
Can a lawyer serving as both a child's attorney and guardian ad litem contact a represented party without that party's lawyer's consent?
No, not about the subject of the representation. The dual-role lawyer is bound by the no-contact rule, except to communicate as authorized by law or court order, or solely to arrange contact with…
Can a corporation's in-house lawyer privately represent the company's customers in legal matters related to the company's services?
In most circumstances the lawyer should avoid it. The dual representation creates a material-limitation conflict and risks fee-sharing with a nonlawyer and assisting the corporation in the…
When a client follows a departing Texas lawyer to a new practice, must the lawyer enter a new fee agreement, and what must the lawyer disclose about possible continuing obligations to the prior firm?
Per the Committee, the departing lawyer must enter into a new legal services agreement with the followed client; the lawyer cannot rely on the prior firm's contract as the basis for the new…
What employment-agreement restrictions on a Texas lawyer's departure from a law firm are impermissible under Rule 5.06(a), and what notice and file-copying obligations apply?
Per the Committee, Rule 5.06(a) bars employment-agreement provisions that impose an unreasonable minimum departure notice period (two to four weeks is ordinarily defensible), blanket prohibitions on…
Can a Maine lawyer accept client payments through apps like Venmo, PayPal, Zelle, or LawPay, and what trust-accounting rules apply?
Yes. Maine lawyers may accept payments through online payment apps as long as the app does not commingle client funds with the lawyer's own funds and unearned fees reach a client trust account…
May an elected West Virginia magistrate remain a realty-company employee and operate a small rental LLC?
West Virginia JIC Opinion 2024-02 rejects continued employment by the realty company but permits the described rental LLC activity, subject to approval by the Supreme Court's Administrative Director.
May an Alabama probate judge be honored at a cancer charity's fundraising event?
Alabama JIC Opinion 24-961 permits the probate judge to be an honoree at the described fundraiser, provided the recognition does not impair impartiality or interfere with judicial duties. Probate…
After declining representation, must a Missouri lawyer give a prospective client the lawyer's consultation notes and preliminary research?
No. The opinion requires return of papers and property the prospective client supplied but does not extend client-file rights to the lawyer's notes or preliminary research when no client-lawyer…
May an out-of-state lawyer review Missouri business-purchase documents from the state where the lawyer and client are located?
Yes, when the work is reasonably related to the lawyer's authorized home-state practice. The opinion also requires disclosure that the lawyer is not Missouri-licensed, identifies Missouri counsel as…
What must an out-of-state lawyer do to represent a corporate client's employee at a deposition in a Missouri lawsuit?
The opinion permits the representation under Rule 4-5.5(c)(1) and (2) only if the lawyer obtains visiting-attorney admission under Missouri Rule 9.03 and gains pro hac vice status in the matter.
Must a State A lawyer living in Missouri obtain a Missouri license to work remotely from home for a State A law firm?
Yes. The opinion treats the Missouri home office as a systematic and continuous presence for practicing law under Rule 4-5.5(b)(1), even though the work concerns State A, and finds no paragraph (c)…
Must a State A lawyer working remotely from State A as in-house counsel for a Missouri corporation obtain a Missouri license?
Yes. The opinion says systematic and continuous Missouri practice can exist without physical presence and directs the lawyer to a limited license under Rule 8.105 or a general Missouri license.
May a Missouri law firm keep a retired, unaffiliated lawyer's name in the firm name?
Generally no. Rule 4-7.5 permits continued use only if the retired lawyer's name has become so well known that it is considered a trade name, and Rule 4-7.1 still prohibits a false or misleading firm name.
Can a Florida lawyer use generative AI like ChatGPT in their practice, and what ethics rules apply?
Yes. Florida lawyers may use generative AI, but must protect client confidentiality, verify the AI's work, bill honestly, and label any client-facing AI chatbot as an AI rather than a lawyer.
Can a lawyer buy a competing law firm's trade name as a search-engine keyword to trigger its own ads?
It depends on the trade name. The opinion concludes a lawyer may not buy a competitor's unique trade name as an advertising keyword (that is dishonest under Rule 8.4(c)), but may buy a generic,…
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.