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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Before a class is certified, can the lawyers on either side contact people who might become class members?
Yes. The opinion concludes that putative class members are not represented before certification, so Rules 4.2 and 7.3 do not generally bar either side from contacting them; both sides must follow…
May a California attorney accept payment of earned legal fees, deposits for unearned fees, and advances for costs and expenses by credit card?
Per California Formal Opinion 2007-172, yes for earned fees and yes for deposits of unearned fees, in each case taking care to discharge the duty of confidentiality (the charge-slip description must…
When can a lawyer who works as a contract attorney for a county agency represent in private practice a client the lawyer encountered through that government work?
Only in limited circumstances. The committee concludes the lawyer may not privately represent the client in a matter the lawyer handled as a government attorney while the client remains eligible for…
May a Louisiana lawyer use a trade name or operate the same law practice under multiple business identities?
A lawyer may use a nonmisleading trade or fictitious name that complies with the Louisiana rules, but the opinion concludes that the lawyer must use one business identity consistently and…
May a judge hear criminal cases prosecuted by an office where the judge's spouse is chief deputy district attorney?
The committee said the spouse's chief deputy role required the judge's recusal from all cases involving that district attorney's office, even without the spouse's personal work on a case. It found…
May a West Virginia magistrate serve on a board reviewing how FEMA funds are spent?
West Virginia JIC Opinion 2007-06 advises the magistrate against serving on the described FEMA board, citing its handling of substantial funds and controversy about disaster response.
Can a lawyer's debt-collection demand letter cite the criminal bad-check statute and warn that the matter may be referred for prosecution?
The opinion concludes that D.C. Rule 8.4(g) bars a lawyer from threatening criminal charges solely to obtain an advantage in a civil matter, but the mere citation of, or reference to, the criminal…
My client received a Social Security lump-sum payment that I believe was miscalculated and overpaid by about $12,000. The client won't report it, and I still need to file a fee petition with the ALJ to get my percentage of the retroactive benefits. What do I have to do?
If you cannot convince the client to notify SSA of the error, Rule 3.3 requires you to advise the ALJ that you believe the retroactive benefit was miscalculated and to request confirmation or…
May a West Virginia magistrate hire a qualified son-in-law as the magistrate’s assistant?
West Virginia JIC Opinion 2007-05 says the magistrate’s hiring of a son-in-law would violate former Canon 3C(4)’s nepotism rule, regardless of his stated qualifications.
May a West Virginia judicial officer appear in a police department’s educational video showing an initial court appearance after an underage drinking arrest?
West Virginia JIC Opinion 2007-04 permits the described appearance as public education about the legal system under former Canon 4B, even though the police department regularly appeared in the…
Can a Kentucky lawyer use a domain name that does not contain the lawyer's or firm's name, and can a law firm website be identified by the domain name alone?
A domain name unrelated to the lawyer's or firm's name is permissible only if it is not false or misleading and the linked site prominently identifies the lawyer or firm; a website identified by…
Can a Kentucky lawyer take credit card payments for earned fees, non-refundable retainers, and unearned advances, where must each go, and can the lawyer pass the card service charge to the client?
Earned fees and true non-refundable retainers go to the office account; credit card advances on unearned fees or expenses must go to the trust account and be protected from charge-backs against…
In Tennessee, must a lawyer who prepares a pleading for a pro se litigant disclose that involvement on the document?
Vacated. As originally issued, Formal Ethics Opinion 2007-F-153 concluded that a lawyer could prepare a single 'leading' pleading needed to toll a statute of limitations or other deadline for a pro…
May a judge send an unsolicited character letter about a convicted person to the sentencing judge?
West Virginia JIC Opinion 2007-03 says former Canon 2B bars the judge from initiating the described character letter to the sentencing judge without a formal request for that information.
Can a lawyer pay nonlawyer staff a monthly bonus based on the law office's gross receipts?
Yes. Under Georgia FAO 05-4, paying nonlawyer employees a monthly bonus based on the firm's gross receipts, on top of their salary, is permissible under Rule 5.4(a)(3), which allows a compensation…
What duties do a departing Colorado lawyer and the lawyer's firm owe clients when the lawyer leaves or the firm dissolves?
The opinion requires timely notice to affected clients, a fair opportunity to choose counsel, continuous competent handling of matters, protection and transfer of client files and funds as directed,…
In Alabama, must a lawyer scrub metadata before sending an electronic document, and is it ethical to mine metadata from a document received from another party?
A lawyer must use reasonable care under Rule 1.6 to prevent disclosure of confidential metadata when sending electronic documents, and, absent a court's authorization, may not mine metadata from a…
Can a liability insurer's salaried staff lawyer represent the insurer's insureds in Alabama, and what must the lawyer disclose?
Yes. A full-time staff lawyer for a liability insurer may defend the insurer's insureds where the insured's and insurer's interests are fully aligned and the insurer has a direct financial interest,…
May a judge introduce a speaker at a commemorative breakfast that also raises scholarship funds?
Nebraska Judicial Ethics Opinion 07-1 concluded the judge could not introduce the keynote speaker because the event also raised scholarship funds; one member dissented.
What must a judge do when the judge’s spouse leads a large charitable campaign soliciting potential litigants?
The spouse may independently raise funds, but the judge must stay separate from this campaign, keep his name and title out of it, and recuse when he knows a party made or refused a significant donation.
May a former Department of Human Resources lawyer judge hear unrelated DHR cases when the judge’s spouse does separate DHR legal work?
Yes on the stated facts. Neither former DHR representation nor the spouse’s separate DHR work alone disqualified the judge; personal bias, disputed-fact knowledge, or other circumstances could…
May a criminal-court judge solicit local businesses on judicial letterhead for supplies for a court sentencing program?
No. The Commission prohibits the proposed direct solicitation for a litter-squad alternative to incarceration, even though Canon 4 permits some work to improve the justice system.
Must a judge recuse when a party is represented by the lawyer-spouse of the judge’s judicial assistant?
Yes on the stated facts. The Commission says insulating the assistant from this lawyer’s significant caseload would be impractical, and the resulting disqualification cannot be remitted.
I advanced a medical expert's fee on my client's behalf and billed the client, who hasn't paid. My fee agreement lets me charge interest on overdue amounts. Can I charge the client interest on the unpaid expert fee?
Yes. The panel held the Rules of Professional Conduct do not prohibit charging the client interest on the unpaid expert's fee, provided the attorney complies with the laws governing the charging of…
Before I was elected to town council, I consulted with someone about a property dispute, investigated it, and declined to take the case. Now that same matter is coming before the council for a vote. Do I have to recuse myself, even though I never formally represented that person?
Yes. The panel held Rule 1.11(d) bars the attorney from participating, including voting, as a council member in a matter the attorney personally and substantially investigated in private practice…
Can a law firm bill its client a higher hourly rate for a contract or outside lawyer's work than the firm actually pays that lawyer?
It depends on whether the lawyer is 'in' the firm. The Committee concludes a firm may mark up the work of an 'other firm lawyer' (such as of counsel or a contract lawyer who is in the firm) without…
May a California attorney sued by a third party disclose otherwise confidential or privileged client information in order to defend against the claim?
No. California has no statutory self-defense exception to Bus. & Prof. Code section 6068(e) or to the attorney-client privilege; disclosure requires the client's informed consent, although a court…
Can a Colorado lawyer sign a collaborative-law agreement promising to withdraw if the case does not settle, and how does cooperative law differ?
The opinion concludes that practicing collaborative law violates Rule 1.7(b) where the lawyer signs a four-way agreement with the opposing party requiring withdrawal if the process fails, and that…
Could a Colorado judicial officer advertise wedding-officiant services to planners or online?
No. The Board barred personal advertising or solicitation of wedding business, while allowing inclusion on a court or county clerk's noncommercial list of available judicial officiants.
Must a Colorado judge recuse when an estranged godchild's father appears as a prosecutor?
No automatic recusal was required solely because of the estranged godparent relationship. The Board called for subjective and objective impartiality review and disclosure when that attorney appeared.
When does a Louisiana part-time prosecutor's civil practice conflict with prosecutorial duties?
The prosecutor must decline civil work when the facts could support related criminal charges and must withdraw from both roles if the conflict emerges later. A prosecutor may not represent a civil…
Can a law firm borrow from a bank to advance a client's litigation expenses and charge the client interest on those advances?
Yes, with disclosure. Under Georgia FAO 05-5, a firm may borrow to advance litigation expenses and charge lawful interest, but the contingent fee contract must disclose whether the client owes the…
Is a lawyer aiding the unauthorized practice of law just by dealing with a non-lawyer the other side hired to handle a transaction?
No. The committee concludes that continuing to represent a client in a transaction, and therefore dealing with a non-lawyer the counter-party chose to represent it, does not by itself aid the…
Can a lawyer take a security interest in a client's fee-recovery lawsuit, or its proceeds, to secure unpaid fees from an earlier case the lawyer is also handling?
Not while handling that suit. The committee concludes that, absent an available charging lien, a lawyer who represents the client in the fee-recovery litigation may not take a security interest in…
What did the West Virginia JIC say about ex parte contacts with counsel for hearing scheduling, cancellations, and mediation-status inquiries?
West Virginia JIC Opinion 2007-02 quoted former Canon 3B(7)’s limited exception for nonsubstantive scheduling or administrative contacts and its notice and no-advantage conditions; it gave no…
Does reporting another lawyer's misconduct to the judge satisfy a lawyer's duty to report under Rule 8.3?
The opinion concludes that informing a tribunal does not discharge the Rule 8.3 duty to report professional misconduct; the duty is met only by informing Disciplinary Counsel or a certified…
I've been retained as special counsel for a municipality on two lawsuits, working alongside the town solicitor. Can I also represent private clients before that same municipality's zoning board of review or town council?
No, absent consent. The panel held that representing private clients before a municipality's zoning board or town council while also serving as the municipality's special counsel is a conflict of…
My client's health insurer paid her medical bills after her personal injury settlement, but it never asserted a lien or told the other side's insurer about a claim, and my client wants the settlement money now. Do I have to hold back funds for the health insurer?
No, on these facts. The panel held that where the client insists the settlement proceeds be disbursed and the lawyer has received no notice of a claim from the health insurer, Rule 1.15(b) requires…
I used to be the probate judge in my town but wasn't reappointed. Can I now represent clients in matters before that same probate court?
Yes, with a limit. The panel held a former municipal probate judge may represent clients before the same probate court, provided the lawyer does not represent anyone in connection with a matter the…
May a newly elected probate judge continue serving in an elected seat on a community college board?
The committee said the probate judge could not hold both elected offices and must resign the college board seat. The order in which the judge won the elections did not change its conclusion.
Can a lawyer who sits on a company's board of directors prepare an estate plan for a client who wants to name that same company as a beneficiary?
The Committee concluded that no, a lawyer who is a director of a company should not prepare an estate plan naming that company as a beneficiary, because the lawyer's fiduciary duties to the company…
Can a lawyer take a security interest in a client's real property to secure payment of the lawyer's fees?
The Committee concluded that yes, but only if the lawyer satisfies the business-transaction safeguards of SCR 158(1) (now NRPC 1.8(a)): the transaction must be fair and reasonable, fully disclosed…
Could a Colorado judge serve on a community foundation's grant-making committee?
Yes. The Board allowed volunteer grant-making service, subject to limits on solicitation, use of judicial prestige, advice to the foundation, and adversary proceedings.
Could a Colorado judge serve on a public charter school's nonprofit board?
Yes, on the stated facts. The Board treated the charter-school board as a nonprofit educational organization rather than a governmental committee, subject to Canon 5B's conditions.
Can a lawyer advertise that they are a certified specialist in a field of law in Nevada?
The Committee concluded that a lawyer certified as a specialist may list the certification on advertisements, letterhead, and business cards if the certifying organization is approved by the State…
Can a lawyer be 'of counsel' to a firm bearing his name while also being a partner in a different firm that also uses his name?
The opinion concludes that a lawyer may be 'of counsel' to one firm and a partner in another, so long as the 'of counsel' association is regular and continuing and the lawyer is generally available…
Does a lawyer who serves as an expert witness for a party form an attorney-client relationship that creates a former-client conflict?
The opinion concludes that a lawyer who serves solely as an expert witness for a party does not thereby form an attorney-client relationship with that party. As a result, Rule 1.9's bar on adversity…
Can a part-time associate at a law firm represent the buyer through her own separate practice while the firm represents the seller in the same real estate deal, with both clients' consent?
No. The committee concludes a part-time associate is 'associated' with the firm for conflict imputation, and the buyer and seller of residential real estate may not be represented by lawyers in the…
Can a New York firm split fees with a foreign law firm that refers it a New York matter and stays involved as a consultant?
Yes, with conditions. The committee concludes a New York firm may share a percentage of its fees with a foreign law firm on referred matters where the foreign firm's lawyers are bona fide lawyers…
Do a litigant’s multiple ethics complaints and accusatory letters automatically disqualify the judge?
No. The Commission says filing many complaints and circulating accusations alone do not require recusal, while actual bias or extraordinary circumstances could change the analysis.
Must a judge disclose possible juror ineligibility learned after trial, and does that information disqualify the judge from a new-trial motion?
The Commission requires disclosure to the parties. It says the unproven information did not disqualify the judge from deciding the motion on the stated facts.
May a judge appear in a local bar program’s informational video recruiting volunteer lawyers?
Yes on the presented facts if the complete video complies with the Canons. The Commission had only a partial script and did not approve its unseen content.
May a part-time probate judge also serve as a city's chief of police?
The committee found the dual service permissible on the stated facts if judicial and police work remain separate in time and particular conflicts are addressed. Material city claims against estates…
May a judge tell legislators about a supervised-visitation center and organize a CLE fundraiser for it?
West Virginia JIC Opinion 2007-01 permits the judge to explain the center’s role in administering justice to legislators, but bars soliciting its funds or organizing the proposed CLE fundraiser.
Does a guardian ad litem need the consent of a represented person's lawyer before interviewing that person?
No. The opinion concludes Rule 4.2's bar on contacting a represented person applies only during a lawyer's representation of a client, so it does not reach a nonlawyer guardian ad litem, who may…
Can a discharged lawyer hold a client's deposition transcript until the client repays the cost the lawyer advanced for it?
No. The opinion concludes a discharged lawyer must surrender the deposition transcript (and other file materials useful to the client) unconditionally under Rule 1.16(d) and may not condition…
Can a lawyer autodial potential clients with a recorded message and let them press a button to be connected to the firm?
The opinion concludes a lawyer may autodial potential clients and play a recorded advertising message that is truthful and not misleading, but may not include a means for the recipient to be…
When can a lawyer move disputed fees out of the trust account if the client objects but takes no legal action?
The opinion concludes a lawyer holding disputed fees in trust may transfer them to the operating account once a fee-dispute petition is dismissed (or the program closes for impasse) and the lawyer…
Can a lawyer charge a dormancy fee against a client's unclaimed funds left in the trust account?
Yes, with conditions. The opinion concludes a lawyer may charge a dormancy fee against unclaimed trust funds if the client received prior notice of the fee and gave written consent, the amount is…
May a new judge sell the telephone number of the judge's former law practice to another attorney?
The committee permitted the sale on the stated facts and described contract disclosures to avoid an apparent continuing relationship or benefit from judicial office. The attorney who bought the…
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.