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 keep jointly representing a husband and wife in a Chapter 13 bankruptcy after they divorce?
Yes. The opinion concludes a lawyer may continue the joint Chapter 13 representation of a now-divorced couple if the conditions of Rule 1.7(b) are met: the lawyer reasonably believes he can provide…
If one client revokes a conflict waiver after a falling out, must the lawyer drop the other client too?
Not necessarily. The opinion concludes that under comment [21] to Rule 1.7 a client may revoke consent to a conflict at any time, but whether the lawyer must also stop representing the other client…
Can a law firm license and keep using a lawyer's surname and likeness after that lawyer leaves the firm to practice elsewhere?
Only in part. The opinion concludes a lawyer may license his name and likeness to his professional corporation while he practices there, and the firm may keep using a lawyer's surname after his…
May a district judge serve as a citizen member of Alabama’s counseling licensure and disciplinary board?
No. The Commission concluded that the Canons prohibited this appointment because the executive-branch board’s work threatened judicial independence and created substantial conflict with judicial duties.
May a presiding judge sign a letter recruiting male leaders to denounce violence against women and endorsing a workplace guide?
No. The Commission says the proposed letter would jeopardize the appearance of impartiality, use judicial prestige to recruit supporters, and imply legal endorsement of a guide addressing issues…
Is a judge disqualified when counsel’s firm formerly employed the judge’s college-age son as a part-time errand runner?
No on the stated facts. The son had left the firm, recalled no knowledge of the case, and had not discussed it with the judge; the opinion emphasizes the relative’s case involvement and disclosure.
When an organization is represented, which of its current or former employees can opposing counsel contact without the organization lawyer's consent?
The opinion concludes that under SCR 20:4.2 opposing counsel may not contact, without the organization lawyer's consent, current constituents who direct or regularly consult with that lawyer about…
Can a Texas firm sue a city it used to represent on behalf of another city, and does screening the lawyers who handled the old matter help?
Yes if the new matter is unrelated, does not question the firm's prior work, and creates no reasonable probability of a Rule 1.05 breach; but screening does not help, because under Rule 1.09(b) one…
Must an Illinois judge recuse from a firm’s matters during preliminary discussions about future employment?
Yes. Even preliminary negotiations with an appearing firm require disqualification; an unsolicited offer immediately and unequivocally declined does not.
Must a former prosecutor now serving as judge recuse from every new case involving someone whose earlier case was pending during the prosecutor’s tenure?
West Virginia JIC Opinion 2007-14 requires recusal from cases pending while the judge was prosecutor, but permits presiding over later, separate cases involving the same person.
Can a law firm hold out an affiliated lawyer or firm as 'special counsel,' and does imputed disqualification then treat them as one firm?
Yes, if bona fide. Under Georgia FAO 05-13, a firm may identify an affiliated lawyer or firm as 'special counsel' for a specialty area if the relationship is genuine; the Rule 1.10…
If a deceased client's personal representative waives the attorney-client privilege and asks for confidential information, must the lawyer disclose it?
Not automatically. The opinion concludes the lawyer cannot rely solely on the personal representative's waiver but must independently assess the confidentiality duty; if disclosure would harm the…
Can a Kentucky lawyer pay a not-for-profit bar association referral service a percentage of the fee earned from a referred client, and can the service use those fees beyond its own operating costs?
Yes to both. The opinion concluded a lawyer may pay a not-for-profit bar referral service a percentage of the fee from a referred case without unlawful fee splitting, the percentage is a matter of…
Must a California lawyer inform the adverse party of a settlement overpayment the lawyer's client received, and if the client refuses, may the lawyer continue the representation?
The lawyer must tell the client about the overpayment and counsel disclosure, but cannot disclose to the adverse party over the client's confidentiality instruction; the lawyer must consider whether…
May a Colorado legal-services or pro bono program screen and refer an applicant whose interests conflict with an existing client's interests?
Yes, if intake is limited to eligibility and conflict information, the program and referral lawyer are not one firm, and screens prevent each side from accessing the other's information. If those…
May a judge participate in a public American Bar Association workshop panel about chemical product liability trials?
West Virginia JIC Opinion 2007-13 permits attendance and panel participation under former Canon 4B, but instructs the judge not to discuss specific pending or impending cases.
May a municipal judge hear a public-intoxication charge against someone opposed to the judge’s former divorce client?
No on these facts. The Commission says the recent adversarial relationship and overlapping alcohol-related issue reasonably call the judge’s impartiality into question.
May a West Virginia mental hygiene commissioner also serve on a city council?
West Virginia JIC Opinion 2007-12 says the commissioner should not serve on the Princeton City Council; it extends the separate-office principle of West Virginia Constitution article VIII, section 7…
Did a judge need to take further action after learning that a lawyer practicing before the court had loaned money to a staff member?
In West Virginia JIC Opinion 2007-11, disciplinary counsel reported the chair’s view that no further action was needed after the judge promptly addressed the loan and anticipated counseling staff.
May a West Virginia judge serve on a Red Cross board of directors?
West Virginia JIC Opinion 2007-10 permits the described Red Cross board service under former Canon 4, while warning against soliciting funds or using judicial office for fundraising.
Can a Utah lawyer for another party talk to a child who is represented by a guardian ad litem without the GAL's consent?
No. When a court appoints an attorney guardian ad litem for a person, another party's lawyer may not communicate with that person about the subject of the representation, or arrange for a second…
Can a Michigan lawyer advertise being named a 'Super Lawyer' or listed in a peer-review rating publication?
The opinion concluded a lawyer listed as a 'Super Lawyer' may refer to that listing in advertising that otherwise complies with MRPC 7.1, and the same applies to comparable rating or certification…
Can a Michigan lawyer be listed for free on an out-of-state firm's marketing website as its local referral attorney?
The opinion concludes the lawyer may be listed without violating the lawyer-referral-service rules, because the firm's marketing site is not a lawyer referral service under MRPC 6.3(b); MRPC 6.3(c)…
Is a personalized law-firm advertising letter to a business prospect a direct-mail solicitation that must carry the 'Advertising Material' label?
The opinion concludes that a personalized letter advertising legal services to a prospective business client, addressed to a contact person, is a direct-mail solicitation subject to Rule 7.3(c): it…
When a city, its officials, or its agencies conflict, can the city law director represent them through different assistant law directors?
The opinion concludes that a city law director must apply Rules 1.11 and 1.7 to each situation. Where a conflict can be cured under Rule 1.7(b), different screened assistant law directors may…
I used to run labor relations for a state agency and now I'm in private practice. A former coworker facing termination wants me to represent him against the agency. The agency's lawyers say I have a conflict. Do I?
Not necessarily. The panel held that Rule 1.11, not Rule 1.9, governs, and a former government lawyer is disqualified from a matter only if he or she participated personally and substantially in…
I represented a corporate client on zoning approvals for a development in one town back in 2005, and the matter is long over. The company later interviewed me (but hired someone else) for a new development in a different town, and now neighbors opposing that new project want me to represent them against the company. Is that a conflict?
No. The panel held that representing individuals who oppose a former corporate client's real estate development in a different town, after formerly representing the client in unrelated zoning…
Must judges recuse when a former judge from their court appears as a lawyer?
The committee found no automatic disqualification for a judge who formerly served alongside the lawyer as an elected judge, nor for a newer colleague who had not served with that lawyer. It left…
May a hearing officer sell a home outright to an attorney who regularly appears before the officer?
The committee found the proposed single sale permissible if it was at arm's length, at market price, and without favorable special terms. It agreed the attorney should stay out of the officer's…
Can a lawyer in litigation against a government agency contact government officials about the dispute without the consent of the government's lawyer?
The opinion concludes that under D.C. Rule 4.2(d), a lawyer adverse to a government agency may contact a government official with authority to redress the client's grievances, without government…
I'm representing a terminated state-agency hearing officer in an employment dispute against the agency. I also represent a corporate client seeking a contested license from that same agency. The agency's lawyers say I have a conflict and must withdraw from all matters there. Do I?
No. The panel held the concurrent representations do not present a Rule 1.7 conflict because the corporate client's license matter is not directly adverse to the terminated hearing officer, and…
May a retired judge remain eligible for recall while serving on a county planning commission?
No. The Committee says the judge may accept the planning post, but must relinquish recall eligibility for its term because commission membership is an office under the opinion’s analysis.
May an uncertified family law attorney advertise himself as a specialist?
The committee concluded that the requesting attorney could not call himself a family law specialist without the certification required by North Dakota Rule 7.4(c), though he could truthfully state…
Could a Colorado judge join a child-services board that also advocated legislation?
No. The Board said even nonvoting membership would associate the judge with legislative advocacy beyond measures to improve the law or courts, contrary to former Canon 7.
Can a lawyer disclose a deceased client's confidential information to a state fatality-review commission?
Yes. Rule 1.6(b)(4) permits disclosure to comply with 'other law'; because the statute itself protects the information, the lawyer need not demand a court order, but disclosure is permissive.
If a lawyer advised a state agency in private practice and is then appointed its commissioner, is she barred from working on those same matters?
No, not automatically. The opinion concludes Rule 1.11(c)(1) is aimed at a lawyer changing sides or clients, not at a lawyer who keeps serving the same client (the agency) in a new role, so it…
If a stranger sends confidential information through a 'contact us' email link on a law firm's website, must the lawyer keep it confidential, and can the firm still oppose that sender?
Absent a disclaimer, the lawyer must keep the information confidential under Rule 1.6 even after declining the matter. Whether the firm may then oppose the sender turns on whether that…
Does a fee dispute that arises with a current client during the representation create an ethical conflict of interest that requires withdrawal under California's former Rules of Professional Conduct?
No. A fee dispute does not by itself require withdrawal or create a conflict of interest, and where the lawyer holds no lien it is not an adverse pecuniary interest in the client's property.
May a judge’s bailiff’s wife work as a secretary in the prosecutor’s office?
West Virginia JIC Opinion 2007-09 finds no impropriety in the bailiff’s wife taking the prosecutor-office job, but cautions the judge against discussing that office’s cases with the bailiff while…
May a part-time mental hygiene commissioner accept court-appointed criminal defense cases?
West Virginia JIC Opinion 2007-08 allows court-appointed criminal defense work under former Canon 6C, but says the commissioner may not represent someone who appeared before them as mental hygiene…
Could a part-time Colorado county judge practice in district court while holding ongoing authority to sit there?
No. The Board held that ongoing district-court assignment and legal practice in that same court could not coexist, even if the judge sat only on criminal matters and practiced only civil law.
In Alabama, can a law firm hire a temporary or contract lawyer through a staffing agency, and what conflict, confidentiality, consent, and fee rules apply?
Yes. A firm may use a temporary lawyer placed by a staffing agency if it runs conflict checks (the temp is treated as a firm member for Rule 1.10), safeguards confidentiality, informs the client and…
When a West Virginia lawyer represents the personal representative in a wrongful death case, does the lawyer also represent the beneficiaries, and is it a conflict if they fight over how the recovery is divided?
Not necessarily, but it can be. The opinion concludes a lawyer for the personal representative does not automatically represent the beneficiaries, so no conflict arises by default; but if the…
Can a corporation's in-house lawyer do legal work for a commonly-owned sister corporation, and can the employer charge the sister company for it?
Yes, with consent and safeguards. In-house counsel may represent a sister corporation directly and independently with the employer's consent, preserving each client's confidences; the employer may…
Does a Virginia lawyer owe a duty of confidentiality to a prospective client who shared information only with the lawyer's secretary, and may the lawyer still represent the opposing party?
Yes, the duty applies. The opinion concludes information a prospective client gives a lawyer's secretary is protected under Rule 1.6, and the lawyer may continue to represent the opposing party only…
Can a lawyer use law firm letterhead when collecting debts, both as a lawyer for a creditor and when running debt collection as a non-legal service?
It depends on the role. The committee concludes a lawyer representing clients as a lawyer in collecting debts may use law firm letterhead, but a lawyer offering debt collection as a non-legal…
Can a lawyer ghostwrite court papers for a self-represented litigant without disclosing that help to the court?
Yes. The opinion concludes a lawyer may give behind-the-scenes assistance to a pro se litigant, including drafting filings, without disclosing the fact or extent of that help to the court, because…
May a presiding judge help a diverse committee choose Justice Department grants for local law enforcement and prosecution programs?
Yes on the described facts. The Commission says the committee’s single grant-selection task served judicial-system improvement and did not identify the judge with prosecution or impair impartiality.
Can a developer's lawyer talk privately with individual town planning board members about a pending application when the board's counsel objects?
Only within narrow limits. The committee concludes the no-contact rule permits such communications about pending determinations only if they concern policy issues alone and the lawyer gives the…
Can a lawyer advertise for clients but plan to refer most of them to other lawyers without saying so in the ad?
No. Under Georgia FAO 05-6, advertising for legal work while intending to refer most callers to other lawyers, without disclosing that intent and without complying with the lawyer-referral-service…
May a circuit judge’s daughter work as a magistrate assistant, including if the judge later serves as chief circuit judge?
West Virginia JIC Opinion 2007-07 finds no apparent conflict in the daughter’s proposed employment where the judge does not make the appointment and uses the described order to refer matters…
Can a law firm's stock-repurchase agreement reduce a departing lawyer's buyout based on the clients he keeps?
No. The opinion concludes that a shareholder agreement that cuts the firm's repurchase obligation to a departing lawyer in proportion to the work generated by former firm clients the lawyer…
Can a North Carolina lawyer who teaches at a college use the title 'doctor' based on a Juris Doctor degree?
Yes, but only within an academic setting. The opinion concludes that because unexplained use of 'doctor' for a Juris Doctor degree could be misleading, it is generally inappropriate, but in…
What must a city attorney or a lawyer serving as an elected official do when a nonlawyer appears in a representative capacity at a zoning variance hearing?
A lawyer who advises a city council must inform the council of the ruling in Authorized Practice Advisory Opinion 2006-1 (that representing a party at a quasi-judicial zoning hearing is the practice…
If a person pays a charged consultation fee, are they a prospective client or a former client of the lawyer?
A former client, not merely a prospective client. The opinion concludes that when a lawyer charges a fee for a service, however limited, and the client pays it, a client-lawyer relationship is…
Must a judge automatically recuse when a former law partner requests recusal less than five years after the judge left the firm?
The committee rejected automatic recusal based on the former partner's letter. It said the five-year interval suggested in an earlier opinion was not an absolute rule, and the judge could invite a…
Can a county public defender review the billing vouchers of assigned counsel who took over a case because the public defender had a conflict of interest?
No, ordinarily. The committee concludes that a public defender's office barred by a conflict from representing a party is equally barred from reviewing the billing vouchers of the assigned conflict…
Can a lawyer accept client credit card payments, and which account do the charges go into under Ohio Rule 1.15?
The opinion concludes that a lawyer may accept credit card payments for earned fees, expense reimbursement, advances on unearned fees, and future expenses. Earned fees and reimbursements belong in…
Can a new judge keep collecting accounts receivable and retirement benefits from a former law firm, and what disqualification follows?
The opinion concluded that a new judge may receive accounts receivable for legal work done before taking office and retirement benefits under a firm agreement, but must disqualify from any case in…
Can a city attorney represent the executive branch (mayor) against the legislative branch (city council) of the same municipality, or vice versa?
No. The opinion concludes that a duly appointed municipal attorney may not, under any circumstances, represent one branch of the municipal government against another in litigation, because the city…
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.