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 defense lawyer's personal relationship with a county sheriff disqualify her from representing defendants charged by that sheriff's office?
Not categorically. The committee concluded the lawyer may represent clients charged by the sheriff's office as long as the sheriff is not expected to testify in the case, the lawyer discloses the…
May an Arizona lawyer inspect an opposing lawyer’s electronic document for hidden metadata?
Opinion 07-03 generally forbids a receiving lawyer from examining an electronic document to discover embedded metadata, with stated consent or legal-authority exceptions. Senders must use reasonable…
What does a Vermont lawyer do with settlement funds when a client's medical provider claims a share?
Opinion 07-03 says the lawyer need not sign the provider's agreement without client direction. On receiving settlement funds, the lawyer must place them in trust, notify the client, and keep…
May lawyers in a Nebraska city council member's firm represent clients before that council when the lawyer-member recuses?
Yes under the 2007 opinion, if the lawyer-member recuses and does not use public office for a client's special advantage, subject to applicable city and state conflict rules outside the committee's review.
Can a private-practice lawyer hire a non-lawyer who works full time for the local prosecutor's office to moonlight on the firm's immigration cases?
Yes, subject to strict screening, confidentiality, and supervision. The committee held the arrangement carries confidentiality and conflict risks under Rule 5.3 but is not prohibited if the…
May an Arizona lawyer scan client files and destroy the paper originals?
Opinion 07-02 permits electronic-only files with safeguards and meaningful client access, but original client-provided documents cannot be destroyed without client consent while the file must be…
May a Vermont lawyer advertise that the lawyer is listed in The Best Lawyers in America?
Opinion 07-02 permits a factual statement of inclusion in the publication, but not a claim that the lawyer is objectively a best lawyer, guarantees a result, or is necessarily more skilled than…
Can a lawyer sell his law practice to an associate and then keep practicing as 'of counsel' to the buyer's new firm in the same area?
No. Rule 1.17 lets a lawyer sell a practice only if he stops practicing on a fee basis in that geographic area; selling just the tangible assets and staying on as of counsel is allowed, with notice…
May a Nebraska lawyer pay an upfront fee for exclusive online referrals and give the referring law firm 20% of each case's net recovery?
No. The 2007 opinion treated the arrangement as a prohibited for-profit referral service because it combined exclusive referrals and case evaluation with a recovery-based payment rather than…
Can a South Carolina lawyer who is also a licensed real estate agent and a mortgage broker act as mortgage broker, the buyer's real estate agent, and the closing attorney in the same transaction if the client consents in writing?
The committee advises against it. While the Rules do not impose a per se bar, a lawyer's belief that she can competently and diligently represent each affected client while also collecting agent and…
Must an Arizona criminal-defense lawyer update a client’s family about the case when the client consents?
Opinion 07-01 says ER 1.4’s communication duties run to the client, so client consent does not automatically require updates to family or friends. ER 1.1 competence can make family contact necessary…
Can a lawyer who sues some state agencies also represent a different state agency, or is the whole state government one client for conflict purposes?
The state government is not a single client made up of every agency under the Governor; a lawyer may represent one state agency while representing a private party adverse to a different state…
Can a lawyer serve on a legal-services organization's litigation advisory group when its clients have interests adverse to the lawyer's own clients?
Generally yes. The opinion concludes that under Rules 6.3 and 6.4, serving as a director, officer, or member of a legal-services or law-reform organization does not by itself create an…
Is it an ethics violation for a lawyer to amend a real estate contract to inflate the purchase price with a matching seller's concession in order to enlarge the buyer's mortgage loan?
Yes. The Committee concludes a lawyer who participates in raising the stated purchase price with an offsetting seller's credit, to increase the buyer's mortgage, violates RPC 1.2(d), RPC 4.1(a), and…
Can a Maine lawyer help a personal injury client get a non-recourse cash advance from a litigation funding company?
Not per se unethical, but the opinion flags serious concerns: a possible champerty-statute violation it cannot resolve, the duty to advise the client on the deal, protecting confidences against a…
Could a Colorado judge attend a governor's public inauguration events under the 2006 Canons?
Yes. The Board treated the public, cost-recovery inaugural events as civic ceremonies rather than partisan fundraisers, subject to limits on fundraising, advancement-seeking and perceived allegiance.
May a West Virginia senior-status magistrate serve on a men’s shelter board?
West Virginia JIC Opinion 2006-13 permits the board service on the stated facts, including no known shelter cases in magistrate court, but bars the magistrate from raising funds for the shelter.
I run an elder law practice and want to hire a nurse as a geriatric care manager to help identify clients' medical and care needs alongside the legal work. Can I employ this person, and what safeguards do I need?
Yes. The panel held the attorney may hire a nurse as a geriatric care manager employee, provided the attorney directly and effectively supervises the GCM, instructs the GCM on the Rules of…
May a hearing officer owner-finance a home sale to an attorney who regularly appears before the officer if escrow handles payments?
The committee concluded that title and escrow intermediaries would not remove the continuing business relationship created by the owner-financed sale. The ongoing contract with an appearing attorney…
Could a retiring Colorado judge schedule private mediations while still on the bench?
No. The Board concluded that a full-time judge should wait until retirement even to schedule private mediations, because future paid work with current courtroom lawyers could undermine perceived…
Can a retainer or fee agreement give the lawyer full authority to settle the client's case without the client's approval?
The Committee concluded that no, a provision in a fee or retainer agreement delegating full and absolute settlement authority to the attorney violates NRPC 1.2(a). The decision whether to settle…
Can a criminal defense lawyer restrict a current or former client's access to their own client file?
A former client's access to the client file generally may not be restricted, absent prosecutorial or court-ordered limits on specific materials. For a current client, a lawyer may delay transmitting…
Can a Utah lawyer set up or borrow from a lending company to finance a client's case or pay the lawyer's own fees?
No to both arrangements presented. A lawyer may not run a lending company that loans money to the lawyer's own clients to cover fees, because the lawyer's loyalty to the lender conflicts…
Could a Utah juvenile judge speak to parenting, foster-care, school, CASA and detention groups?
Yes, subject to the opinion's limits. The judge could address the listed groups about the judicial system and office, while avoiding pending cases, legal advice, bias and discussion benefiting only…
Can a lawyer in a contingent fee case let a non-lawyer lending company fund litigation expenses in exchange for a funding fee that is a percentage of the recovery?
No. The Committee concludes the arrangement is fee sharing with a non-lawyer barred by Rule 5.04(a), because tying the lending company's funding fee to a percentage of the recovery lets the…
May a supreme court justice appear in judicial robes in an alma mater’s television commercial?
Yes on the described facts. The Commission allowed a brief, unidentified photograph among many alumni because the ad did not single out the justice or use her title for promotion or fundraising.
If lawyers in a small legal services corporation also keep private practices, can one of them privately represent a party opposing someone the corporation represents in the same case?
No. The committee treats the staff of a small legal services corporation as a law firm, so a conflict that would disqualify one lawyer is imputed to all, and consent cannot cure two same-'firm'…
Can a New York law firm run debt-collection services for clients in other states as a non-legal service where its lawyers are not licensed?
Yes, with conditions. The committee concludes a New York firm may provide out-of-state collection as a non-legal service if the other state's rules (including its unauthorized-practice law) permit…
Can one law firm serve as both bond counsel and the borrower's counsel in a tax-exempt municipal bond issuance?
Yes, with limits and consent. The committee concludes a firm may serve as both bond counsel and borrower's counsel if bond counsel's role is limited to opining on the transaction rather than…
Is a judge disqualified from a refund suit against the Employees’ Retirement System because of judicial retirement benefits?
No on the stated facts. The Commission says the separate judicial retirement fund gave the judge no financial interest that the Employees’ Retirement System suit could substantially affect.
Could an Illinois judge passively own shares in a corporation buying foreclosure properties?
The Committee permitted passive stock ownership on the stated facts, but found apparent exploitation if the judge heard foreclosure cases while the corporation bought property in the judge’s circuit.
May a sitting judge seeking another judgeship ask lawyers and nonlawyer acquaintances for support?
Nebraska Judicial Ethics Opinion 06-7 allowed a judge to seek such support, while barring promises about case outcomes or advocacy of controversial personal views when seeking it.
Can a New York lawyer form a partnership with an attorney admitted only in another state who would work exclusively from a New York office on New York matters?
Not where the out-of-state attorney's New York work would be unauthorized practice. The committee concludes such a partnership violates DR 3-101(A); and if the out-of-state attorney instead limited…
Can a West Virginia lawyer accept a referral fee from a financial services provider for sending clients to that firm?
No. The Lawyer Disciplinary Board concluded it is ethically improper for a lawyer to accept a referral fee from a financial services provider, and the conflict cannot be cured by client disclosure…
Could a Colorado judge join a private panel proposing climate-change legislation?
No. The Board held that recommending a climate-policy legislative agenda outside law or court administration was prohibited political activity under the then-current Canons.
Could a Maine probate judge represent a legislative candidate in an election recount?
Yes. The committee concluded that representing the candidate in the specified legislative recount was not prohibited by the Maine Code of Judicial Conduct.
May a domestic-relations judge serve as an officer of a civic group promoting healthy marriage?
Yes under the group’s stated goals and Canon 5B limits. The Commission says the judge must avoid legal advice and litigant referrals and reassess activities that could compromise impartiality.
Can a part-time prosecutor also serve as court-appointed counsel for indigent parties in a neighboring county's Family Court?
Sometimes, case by case. The committee concludes there is no per se bar, but the part-time prosecutor may not take delinquency, PINS, or any matter involving law enforcement personnel the prosecutor…
Can a Texas lawyer secretly record a phone call with a client or a third party without telling them the call is being recorded?
Generally yes. The Committee concludes the rules do not bar a lawyer from making an undisclosed recording of a call the lawyer is on, provided recordings involving a client serve a legitimate…
Can a former judge running for office reference their prior judicial service in campaign materials?
Yes, in a limited way. The opinion concludes a lawyer who is a former judge may use campaign materials that describe them only as a 'former' judicial officer and identify the specific position, the…
Could a former judge who is not currently an incumbent appear in robes or at a judge’s bench in campaign advertising?
The Committee said a nonincumbent judicial candidate should not appear in a judge’s robe or at a judge’s bench in campaign materials because that would misrepresent the candidate’s present position.
May a judge raise on the court’s own initiative whether a debt collection claim covered by the FDCPA is timely?
Yes, under this opinion’s analysis for claims subject to the Act. The Committee permits a timeliness inquiry and says the judge may decline judgment if the creditor does not carry the burden…
Can a nonlawyer, such as an architect or land-use planner, represent a party at a quasi-judicial zoning or variance hearing?
No, not in a representative advocacy role. The committee concludes that appearing on behalf of another person, firm, or corporation at a quasi-judicial proceeding (a hearing on a special-use permit…
Can a lawyer join a for-profit networking and referral organization that encourages members to trade business referrals?
Yes, but only on conditions. The opinion concludes a lawyer may belong to a for-profit networking organization only if making referrals to other members is not a condition of membership and the…
Can a lawyer have a paralegal sign the lawyer's name to a court pleading when the lawyer is unavailable?
Only in limited circumstances. The opinion concludes a lawyer should ordinarily sign court documents herself and may delegate signing her name to a nonlawyer only when she and any other firm lawyer…
Can a lawyer borrow from a litigation funding company to cover the costs of a contingency case, and pass the financing cost to the client?
Yes, within limits. The opinion concludes a lawyer may finance litigation costs through a litigation funding company if the company's practices are lawful and the loan does not tie repayment to a…
Can a lawyer who also serves as a municipal police officer represent criminal defendants in private practice?
Not without limits. The Committee concludes that under RPC 1.8(k) and State v. Clark, a lawyer who is also a municipal police officer may not represent criminal defendants in matters arising in his…
What are a Colorado court-appointed attorney's ethical duties to a respondent parent in a dependency and neglect case who stops appearing or communicating, and must the lawyer appeal a termination of parental rights on request?
The opinion concludes that an appointed lawyer must give the client a writing explaining the no-cost appointment and the nature of the representation, must keep advocating competently even if the…
I know a colleague delayed filing final judgments in several divorce cases, sometimes for well over a year past the ninety-day waiting period. Do I have to report that lawyer to the bar under Rule 8.3?
Not by itself. The panel held that failing to promptly file final divorce judgments does not, standing alone, raise the 'substantial question' about the lawyer's honesty, trustworthiness, or fitness…
My client's ex-spouse is shortchanging her on stock options owed under their marital settlement agreement, and she wants me to sue him on a contingency-fee basis. Can I take that case on contingency, and does it matter if she also wants to reopen the divorce over concealment?
A contingent fee is proper for the post-divorce contract dispute over the stock option value under the settlement agreement, but not if the divorce action itself is reopened based on the claim that…
May a sitting Illinois judge advertise future mediator or arbitrator services before retirement?
No. The Committee barred advertising future mediation or arbitration availability while the judge still served on the bench.
Did the South Dakota judicial candidate’s political-party appearances violate the Code?
The Committee found no Code violation on the alleged facts, which included appearances at party events and availability of campaign materials. It distinguished the statute restricting…
Can a New Mexico lawyer publicly comment on or criticize a judge or candidate for legal office?
The opinion concluded that lawyers are encouraged to give honest, candid opinions about judges and candidates for legal office, but must not make statements they know to be false or that are made…
Can a New York lawyer pay to participate in a website that analyzes a prospective client's problem, picks lawyers to respond, and lets them contact the client?
Not as described. The committee concludes a lawyer may not participate in a paid website that analyzes the prospect's problem and selects lawyers (an improper referral), and may not phone the…
Can a lawyer who serves on a county legislature defend criminal cases in that county when the legislature controls the police or DA budget, and are the lawyer's firm colleagues disqualified too?
No to the lawyer, even for plea bargaining and regardless of county size. The committee concludes the lawyer/legislator may not handle criminal cases involving police or prosecutors the legislature…
May a judge appear as a recovered patient in a physician and hospital television advertisement without mention of judicial office?
No. The Committee concluded that viewers might recognize the judge, lending judicial credibility to private commercial interests and detracting from the dignity of the office despite the omitted title.
May a family judge accept an advocacy group’s plaque, attend a provider’s fundraising dinner, or accept gifts from lawyers and an interpreter?
West Virginia JIC Opinion 2006-11 advises against the described vigil recognition, fundraising dinner, and gifts; it reports that some commissioners saw a possible distinction for small treats…
Could a Colorado judge contribute to a nonpartisan judicial term-limits campaign and speak publicly about it?
Yes. The Board permitted a contribution to a nonpartisan group supporting or opposing Amendment 40, as well as civic speeches and editorials about it, but barred the judge from personally soliciting funds.
What are a Florida lawyer's duties regarding metadata in electronic documents sent to or received from another lawyer?
A sending lawyer must take reasonable steps to protect confidential information, including metadata; a receiving lawyer must not mine metadata the lawyer knows or should know was not intended for…
Can a law firm condition a partner's retirement benefits on the partner agreeing not to keep practicing law?
Yes, but only for genuine retirement benefits. The opinion concludes Rule 5.6(a) permits a non-compete restriction tied to retirement benefits only where the benefit is available solely to a lawyer…
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.