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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May an unopposed judicial candidate use campaign funds to repay a personal campaign loan and raise more to retire the debt?
The committee treated the candidate's personal loan as a campaign expense payable before unused funds had to be returned or donated. It also permitted further fundraising to retire the remaining…
Can a Virginia lawyer disburse funds from a client trust account before the deposited items have irrevocably cleared, even when the account holds funds for only one client?
No. The opinion concludes a lawyer must wait until deposited funds are irrevocably credited and cleared, with no chance of bank recall, before disbursing, and that the answer is the same whether the…
Can a Virginia criminal defense lawyer give an indigent jailed client small amounts of money for jail commissary purchases without violating Rule 1.8(e)?
The opinion concludes that occasional de minimis humanitarian gifts unrelated to the litigation (small sums for items like toothpaste or gum) are not barred by Rule 1.8(e), so long as the lawyer's…
From whom may a court-appointed guardian ad litem for a minor accept payment of her fee, and can the insurer that is settling the minor's claim also pay the guardian ad litem?
The opinion concludes a guardian ad litem may accept fee payment from a third party such as the insurer only if Rule 1.8(f)'s conditions are met; because a minor cannot consent and the guardian…
After leaving a Texas regulatory agency, can a lawyer represent a client before that agency on a matter that started while the lawyer worked there but that the lawyer never worked on?
Yes. The Committee concludes Rule 1.10(a) bars a former agency lawyer only from matters in which the lawyer participated personally and substantially as a public employee; mere employment when a…
What are a lawyer's candor duties when serving as a court-appointed guardian and the ward's identity turns out to be false?
The opinion concludes that a lawyer appointed as guardian of an incapacitated individual (and not acting as that person's attorney) is still bound by the rules that apply to all members of the bar…
May an Illinois judge’s spouse independently campaign for another candidate using jointly owned property?
Yes. The Committee allowed the spouse’s independent fundraising, endorsement, bumper sticker, and yard sign; the judge’s duty to encourage limits applied to family support of the judge’s own candidacy.
May a judge write a support letter for a women’s shelter that will later use it to raise funds?
West Virginia JIC Opinion 2006-10 advises against the letter because the shelter planned to use it for fundraising, which former Canon 4 prohibited the judge from supporting with judicial prestige.
May a part-time judge direct a nonprofit and attend a one-sided DWI defense seminar taught by an attorney appearing in the judge's court?
The committee allowed nonprofit executive-director work only if it did not conflict with judicial duties and complied with limits on fundraising and use of office. It concluded that the judge could…
Could an attorney write a newspaper letter endorsing a South Dakota judicial candidate without the campaign-ad disclaimer?
The Committee said an attorney’s letter to the editor supporting a judicial candidate was permitted and did not require the disclaimer for printed campaign literature or paid print ads under the…
May a family court judge appoint lawyers from the judge’s former nonprofit employer to represent children?
West Virginia JIC Opinion 2006-09 permits those appointments if the judge uses a fair and equal system open to all interested lawyers practicing before the court and follows former Canon 3C(4).
Can a lawyer contact an opposing organization's in-house counsel directly when outside counsel represents the organization in the matter?
Generally yes. The opinion concludes Rule 4.2 does not bar a lawyer from communicating with an organization's inside counsel about the matter without the consent of its outside counsel, because…
Can a lawyer ethically search for and use the metadata hidden in electronic documents sent by opposing counsel?
Yes. The opinion concludes the Model Rules contain no specific prohibition against reviewing and using metadata embedded in documents received from an opposing party or counsel, and that a sending…
May a judge sit on the board of a nonprofit that contracts with the court and whose services defendants use to satisfy probation?
The opinion concluded that under the Ohio Code of Judicial Conduct (Canons 1 and 2(B)(1)) and Ohio Ethics Law (R.C. 2921.42(A)(4) and 102.03), a municipal court judge may not serve on the board of a…
May an appellate judge serve on Alabama’s governmental community service commission?
The Commission said Canon 5G discouraged but did not prohibit membership, provided the work complied with Canons 2A, 3, and 5F. It did not decide whether the seat was an office of public trust.
Can a New York lawyer outsource legal support work (research, document review, drafting) to a non-lawyer or foreign lawyer overseas?
Yes, if the New York lawyer rigorously supervises the overseas non-lawyer to avoid aiding the unauthorized practice of law and ensure competence, preserves client confidences (with informed consent…
Could family court judges accept a conference dinner hosted by a legislator who also practiced family law before some of them?
West Virginia JIC Opinion 2006-08 found no Code violation in the described offer and said the dinner or barbecue for family court judges at their conference could be given.
May a judge score speech contests, scholarship selections, pageants, or talent shows for nonprofit groups?
Nebraska Judicial Ethics Opinion 06-6 permitted judging the described nonprofit competitions where participation did not impair impartiality or connect the judge’s name to fundraising.
Can a lawyer who serves on a city council defend criminal cases in which the police, whose pay the council controls, exercise charging discretion?
It depends. Under Georgia FAO 05-12, such representation implicates Rule 3.5(a)'s bar on improperly influencing officials, and a lawyer should not take the case where an inference of improper…
What must a lawyer do when a guardian ad litem insists on pursuing a claim the lawyer believes is frivolous and against the minor's interests?
The opinion concludes that the lawyer owes confidentiality to both the minor (the real party in interest) and the guardian ad litem in her official capacity, and that if the lawyer believes the…
Can a lawyer disburse settlement funds from the trust account against an insurance check before confirming it has been collected?
Only with reasonable due diligence and a backstop. The opinion concludes that a lawyer may disburse immediately against cash, wired funds, or instruments listed in the Good Funds Settlement Act, but…
Can a lawyer provide services through a prepaid legal services plan, and what must the plan do to qualify?
Only if the plan satisfies Rule 7.3(d). The opinion concludes a lawyer may participate in a prepaid legal services plan only if the conditions of Rule 7.3(d)(2) are met, including that the plan is…
When a lawyer is asked by one person to prepare a will, trust, or power of attorney for someone else, who is the client and what must the lawyer do?
The opinion concludes that 2003 FEO 7 applies to the preparation of any legal document that purports to speak solely for a principal, such as a will, advance directive, trust, or power of attorney,…
How must a lawyer safeguard the confidential health information of clients and opposing parties, given HIPAA?
The opinion concludes that health information a lawyer acquires during a representation is confidential under Rule 1.6, and that the standard of care is reasonable care under the circumstances…
Can a lawyer contact a county's officials or elected commissioners directly about a client's dispute when the county is represented by its attorney?
The opinion concludes that Rule 4.2(a)'s no-contact rule applies to communications with government employees when the communication concerns the negotiation or litigation of a specific claim, so a…
Could a Colorado judge help select defendants for substance-abuse treatment scholarships?
No. The Board allowed the judge to seek program funding and recommend general use of grant funds, but concluded that selecting particular defendants for scholarships would be inappropriate.
Could an appointed incumbent South Dakota circuit judge ask voters to “retain” the judge in a campaign ad?
Yes. The Committee said “retain” accurately conveyed the incumbent circuit judge’s request to continue in office, while “reelect” could mislead because the judge had been appointed rather than elected.
When must a Colorado judge recuse after personal representation by a lawyer appearing before the judge?
The Board required recusal during current representation and ordinarily for one year after personal representation ends, including appearances by either side's law firm. After that, the judge must…
Can an employer require its in-house counsel to sign a non-compete or other restrictive covenant as a condition of employment?
Largely no. The Committee concludes RPC 5.6 bars covenants that restrict a lawyer's right to practice and applies to in-house counsel; the agreement's non-compete and anti-raiding clauses violate…
May a part time district judge appear as counsel or guardian ad litem in a family court where the judge formerly served?
The Committee allowed an appearance in the former court unless the judge served in that case or a related proceeding; the former colleague was not automatically disqualified.
Can a lawyer serve as a member of an elected board of education and as the municipal attorney in the same township at the same time?
Yes, on the facts presented. With the appearance-of-impropriety standard eliminated in 2004, the Committee finds no per se conflict; because an elected board of education is largely autonomous from…
Can an assistant county counsel also serve as a member of the governing council of a municipality in the same county?
It depends on the facts. The Committee lacked enough facts to decide whether RPC 1.8(k) imposes a per se ban. It warned that the two roles may produce recurring divided loyalty; the lawyer must…
Can a Texas lawyer pay a fee to join a for-profit website that gathers potential clients' information and forwards it to participating lawyers?
Yes, but only if the service operates as advertising rather than a referral service. The Committee allows participation if lawyer selection is wholly automated with no discretion, the service makes…
Can a settlement agreement require a lawyer to keep confidential public information about the case, like the defendant's name and the complaint?
The opinion concludes that a settlement agreement may not require counsel to keep confidential, or not disclose in promotional materials or on a firm website, public information about the case, such…
Can an indigent-defense lawyer be required, even with a written waiver, to report a client's financial information to the funding commission when it could be disclosed in open court?
The committee concluded that disclosing a client's confidential financial information to the funding commission, knowing it would be filed in open court and could be used against the client, would…
If a prosecutor is conflicted out of a matter because it is adverse to a former client, are the other lawyers in the same state's attorney's office also disqualified?
The committee concluded that a state's attorney who formerly represented a party may not handle the office's same matter against that former client under Rule 1.9(a), and that because the lawyers in…
Whom may an Alabama lawyer directly solicit in person or by telephone for legal business without violating the anti-solicitation rule?
Rule 7.3(a) lets a lawyer directly solicit, in person or by phone, family members (by blood or marriage) and current or former clients. Strangers known to need legal services remain off-limits when…
Does a part-time state's attorney's earlier civil work for someone bar the attorney from later prosecuting that former client?
The committee concluded the question turns on whether the prior civil work is 'substantially related' to the criminal charges, or whether confidential information from it would be used against the…
If a lawyer's law partner sits on the city council, can the lawyer still defend criminal cases in that city's court?
No. A lawyer who sits on a city council has a non-waivable conflict in defending criminal cases in that city (Opinion 05-06), and Rule 1.10 imputes that conflict to the partner's firm. The committee…
When another state's disciplinary authority demands client trust-account information, must a lawyer produce it or does confidentiality bar disclosure?
Rule 8.1 requires a lawyer to respond to a disciplinary authority's lawful demand, but it does not require disclosing information protected by Rule 1.6. The committee concluded the lawyer cannot…
Can a California lawyer hire an out-of-state legal research and brief-writing company to draft a brief, and what does the lawyer have to do to comply with the ethics rules?
The committee concluded that an attorney charging an hourly rate in a civil case may contract with an out-of-state company to draft a brief, provided the attorney is competent to review the work,…
Is a joint television advertising program with exclusive geographic territories and a flat monthly fee a 'lawyer referral service' under Tennessee's rules?
Formal Ethics Opinion 2006-F-152 concludes that the R. W. Lynch (Injury Helpline) joint advertising program, in which participating lawyers pay a flat monthly fee, hold exclusive geographic…
May a juvenile judge join a school board drug testing policy committee or advocate at its public hearing?
Nebraska Judicial Ethics Opinion 06-5 barred both committee service and public hearing advocacy on the proposed school policy under the former Code’s restrictions on governmental roles.
Must a municipal judge recuse from every city case after suing the city and naming its attorney in an official capacity?
The committee concluded that the described lawsuit did not require recusal from every case filed by the city attorney's office. It relied on the absence of personal bias, the city attorney's lack of…
Could a judge’s spouse place a candidate campaign sign on property the judge and spouse jointly own?
The Committee said displaying the described sign on their jointly owned property would be improper because it could be construed as the judge’s political endorsement, while recognizing the spouse’s…
May a judge and judicial candidate work on a county campaign committee for a nonjudicial statewide candidate?
Committee service and some behind-the-scenes work were strongly discouraged but not categorically barred. The Commission prohibited hosting the candidate and identifiable campaign calls because they…
Can a child-support agency staff attorney represent the state in a matter where the same lawyer earlier issued the administrative order as the agency's hearing officer?
The opinion concluded that a CSEA staff attorney may not represent the state in any action (including a contempt action) involving a matter in which that same attorney, acting as the agency's…
Does the no-contact rule bar a lawyer who serves as both a child's attorney and guardian ad litem from contacting represented parties?
The opinion concluded that DR 7-104(A)(1)'s anti-contact rule applied to an attorney appointed to the dual role of a child's attorney and guardian ad litem, so the attorney could not communicate on…
I'm currently representing a client in matters pending before a state agency, and I've applied for a legal counsel position at that same agency. Is applying or interviewing a conflict, and if I'm hired, can I work on the matters I used to handle for my client?
Applying and interviewing are not a conflict. If hired, Rule 1.11(d)(1) bars the lawyer from personally participating in matters the lawyer handled personally and substantially in private practice,…
May a judge teach suppression-motion tactics at a DUI defense association seminar promoted with the judge’s credentials?
Nebraska Judicial Ethics Opinion 06-4 concluded that the judge should not participate in this particular seminar because its defense focus, proposed content, and membership solicitation raised…
Could a probation officer and an assistant prosecutor who are spouses work in the same county without case-related professional contact?
West Virginia JIC Opinion 2006-07 says the potential conflict may be overcome by conditions preventing professional contact on cases involving people assigned to the probation officer, while…
Must a Utah lawyer hand over unsigned wills or unfiled pleadings as part of the client's file when fired?
No. The opinion concludes that an unexecuted trust or will, or an unfiled pleading such as an extraordinary writ, is the lawyer's work product rather than part of the client's file under Rule…
Can a county attorney's office help domestic-violence victims get protective orders and still prosecute the abuser?
Yes, with limits. An individual government lawyer may provide the pro bono protective-order representation but then may not take part in prosecuting the abuser; under Rule 1.11 that lawyer's…
Can a lawyer hand documents containing privileged client information to an outside copy service or other contractor without getting the client's express consent first?
Yes. The Committee concludes that, unless the client has instructed otherwise, giving privileged materials to a contractor hired to help with the representation (such as a copy service) is not…
When must a Louisiana lawyer report another lawyer's professional misconduct?
The lawyer must promptly report to the Office of Disciplinary Counsel when objective evidence would cause a reasonable lawyer to firmly believe misconduct affecting honesty, trustworthiness, or…
Can a lawyer let a former client (someone she represented in a mental-health commitment) live in her home to help with the transition to independent living?
The committee concluded that no North Dakota Rule of Professional Conduct directly addresses this and that the arrangement does not violate the rules, so long as the lawyer does not take a position…
Can separately located public defender offices run by one state commission be treated as separate law firms, so a conflict in one office is not imputed to the others?
On the facts presented (offices in different cities with separate staff, files, computer systems, and letterhead, no shared access to client confidences, and only administrative oversight by the…
May a judge assign a former Legal Aid lawyer as referee in a case involving another Legal Aid lawyer?
The judge may not do so if the appearing lawyer worked on the matter in controversy during the referee’s Legal Aid employment. The Commission applies the same disqualification standard to a referee…
Must a judge recuse when a party is represented by the law partner of the judge’s judicial assistant’s husband?
The affiliation alone does not settle recusal. The Commission requires disclosure and disqualification for a substantially affected interest or additional facts questioning impartiality; only the…
Did a disclaimer-free flyer distributed before a South Dakota judicial candidate filed a petition violate the Code when the candidate did not authorize or pay for it?
No. The Committee dismissed the complaint because the flyer preceded the candidate's filing and, according to the candidate's response, was neither authorized nor paid for by that candidate.
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.