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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Did the South Dakota Code of Judicial Conduct require judicial candidates to follow the campaign-ad disclaimer provision in SDCL 12-25-4.1?
Yes. The Committee said Canon 5C(2) incorporated the statutory disclaimer requirement into the judicial conduct code, despite a separate legislative exemption for judicial candidates.
May a clerk magistrate or records clerk post candidate signs or distribute campaign literature?
Nebraska Judicial Ethics Opinion 06-3 barred clerk magistrates from those political activities, regardless of family ties to the candidate, while distinguishing court employees who do not perform…
Could a South Dakota circuit judge in an uncontested election endorse another circuit court candidate?
Yes. The Committee concluded that the incumbent remained a judge subject to public election despite having no opponent and could endorse circuit court candidates.
Could a South Dakota judicial candidate answer an issue questionnaire, and what did the 2006 Code require?
The Committee allowed a candidate to answer, subject to the Code’s limits on impartiality pledges and misrepresentation; it also identified recusal and a ten-day filing requirement for responses.
Could a South Dakota circuit court candidate use an ad naming the office and say the campaign accepted no contributions?
The Committee accepted the proposed ad but suggested adding “for” before “Circuit Court Judge” to clarify the candidate was not an incumbent; the no-contributions claim was acceptable only if true.
May a court display private organizations’ brochures and advertising near its probate courtroom?
Nebraska Judicial Ethics Opinion 06-2 disallowed unrelated nonprofit and commercial promotional materials near courtrooms while permitting materials connected to court business.
Does the state Conflicts of Interest Law (N.J.S.A. 52:13D-17) override RPC 1.11(c)'s screening allowance for a firm that hires a former government lawyer?
The Committee concludes that under Winberry and Knight, the Supreme Court's RPC 1.11(c), allowing screening and notification, should prevail over the more restrictive statute, but it declines to…
What must a public defender or appointed lawyer do when their caseload is too high to represent every client competently?
Stop taking cases and seek relief. The opinion concludes a lawyer whose workload prevents competent, diligent representation must decline new appointments and move to withdraw from existing cases,…
If a lawyer receives an adverse party's privileged documents from someone not authorized to send them, must the lawyer stop reading and notify the other side?
Not under the Model Rules. The opinion withdraws Formal Opinion 94-382, concluding that when the disclosure is not the result of the sender's inadvertence, Rule 4.4(b) does not apply and the Rules…
I represent a passenger pursuing an underinsured-motorist claim against another driver's insurer. That same driver now wants me to represent him in an unrelated slip-and-fall case. Is that a conflict of interest?
No, according to this opinion. Because the passenger's underinsured claim is a contract claim against the driver's insurance company, not against the driver personally, and the driver isn't pursuing…
Can a law firm organized as a professional corporation create and wholly own a subsidiary law firm, keep the subsidiary's profits, and name the subsidiary after the lawyers who run it?
Yes to all three, with conditions. A law-firm PC may form a wholly-owned subsidiary organized as a PC or LLC to practice a specialized area of law, and may receive the subsidiary's net profits…
Would the Committee assess a judge’s proposed candidate endorsements against a constitutional challenge to Canon 5?
The Committee declined to decide the constitutional question or rewrite the Code, explaining that its role was to interpret the Code; the opinion quotes Canon 5(A)(1)(b)’s bar on public endorsement…
If a lawyer agreed with a legal aid organization to take a case pro bono, can the lawyer later charge the client a fee or use the referral information against the client?
No. The opinion concludes that charging a fee beyond the pro bono agreement, without the organization's consent, is an excessive fee and a fraud on the client, and using the referral information to…
Can a prosecutor make a plea deal waive appeals for prosecutorial misconduct and ineffective assistance, and can defense counsel advise on and sign it?
The Committee concludes the rules do not bar a prosecutor from including such a waiver when the defendant is represented, but the waiver does not excuse the prosecutor from Rule 3.09; defense…
Does a Texas lawyer have to give a former client the lawyer's own notes from the case file, including work product?
Generally yes. The Committee concludes a lawyer must, on request, turn over to a former client the lawyer's notes from the file, including work product, except when the lawyer may withhold them…
May a judge serve on a multidisciplinary team reviewing deaths from intimate partner violence?
The committee concluded that the described team membership was allowed because its law-related work and neutral, broad membership did not appear to impair impartiality. It said the judge would have…
Can a Michigan judge married to a non-supervisory assistant prosecutor preside over the prosecutor's office's cases without each party's consent?
If the spouse is non-supervisory, not involved in the matter, and screened, the judge is not automatically disqualified and may preside after disclosure; any party may still move to disqualify, and…
If a lawyer learns that a client's court affidavit was false, what must the lawyer do, and how much of the client's confidence can the lawyer reveal?
The lawyer must ask the client to correct the affidavit, and if the client refuses, must withdraw the lawyer's own certification to the court. The lawyer may disclose only what is implicit in that…
Can a part-time law clerk appear as a lawyer for a client before the judge the clerk currently works for?
No. Under Georgia FAO 05-3, a law clerk representing a client before the clerk's present employer-judge violates Rule 1.7, and the conflict cannot be cured by client consent because of Rule 3.5(a)'s…
Can insurance defense counsel send detailed bills through a third-party computer screening service without the insured's consent?
No. The opinion concludes that, because the bills can contain client confidences, a lawyer may not send them to an outside computer-screening contractor that is not the insurer without the insured…
Must a criminal defense lawyer follow a client's instruction not to raise a mental-health defense the lawyer thinks is best?
No, but the lawyer must consult the client. The opinion concludes that under Rule 1.2(a) raising mental health is a tactical decision the lawyer controls, so the lawyer need not follow the…
Could a magistrate’s wife take a secretarial job in the prosecutor’s office?
West Virginia JIC Opinion 2006-06 advises against the employment because it would require the magistrate to recuse from all criminal cases and burden the magistrate court system.
Can in-house counsel agree that the employer will hold the lawyer harmless for malpractice instead of carrying malpractice insurance?
Yes, if conditions are met. Under Georgia FAO 05-2, a hold harmless agreement between an employer and its in-house lawyer is ethical when the employer makes an informed business judgment to use it…
Can Georgia local counsel be disciplined for discovery abuses committed by out-of-state lead counsel admitted pro hac vice?
Yes, in defined circumstances. Under Georgia FAO 05-10, local counsel can be disciplined under Rule 5.1(c) for lead counsel's discovery abuse when local counsel knows of it (including willful…
Does the lawyer for an estate administrator have to tell a creditor's lawyer that the estate has assets so the creditor can file a claim?
No. The committee concludes that absent any misrepresentation, the lawyer for an estate administrator has no ethical duty to tell a creditor who failed to file a claim that the estate has assets and…
Can a lawyer advise a client to contact other lawyers for representation on a pretextual basis just to conflict them out of representing the adversary?
No. The Committee concludes that advising a client to make pretextual contacts with lawyers in order to disqualify potential adversary counsel is conduct prejudicial to the administration of justice…
After New Jersey abolished the appearance-of-impropriety rule, can a municipal attorney (or the firm) still represent a developer who owns property in that municipality on matters in other towns?
The Committee offered a Rules analysis that did not support a per se developer bar, but declined to declare the Supreme Court's developer rule inapplicable because it might rest on common law. An…
Can a lawyer store and access client files electronically (scanning to PDF, email, cloud or web access) consistent with the ethics rules?
Yes, with safeguards. The Committee concludes the RPCs let a lawyer archive client-file documents electronically and use email or secure websites, but originals that are client property under RPC…
Can a North Carolina lawyer print extra statements, like 'Accident Report Enclosed,' on the envelope of a targeted direct-mail solicitation letter?
Yes, but only if the statement does not mislead. The opinion concludes a lawyer may note that an accident report is enclosed only if the envelope makes clear the report is a copy of a public record…
Can a county's tax attorney, acting as the appointed foreclosure commissioner, buy the property at the tax foreclosure sale she is conducting?
No. The opinion concludes that a county tax attorney appointed as commissioner to conduct a tax foreclosure sale may not bid on the property on her own account, because she has a duty to oversee the…
Can a lawyer refer a client to a financing company that buys notes or settlements, and can the lawyer take a finder's fee for the referral?
The opinion concludes that a lawyer may refer a client to a financing company only if the lawyer is satisfied the company's arrangement is legal, the lawyer receives no consideration from the…
If a parent consults a North Carolina lawyer about a matter for her minor child but no one is hired, can the lawyer use what the parent disclosed to help the child against the parent's interests?
No, not without consent. The opinion concludes that a parent who consults a lawyer in good faith about a minor's matter is a prospective client owed a duty of confidentiality under Rule 1.18, so the…
Can a lawyer who owns a chiropractic clinic refer personal-injury clients there and let the clinic defer its bills until the case settles?
No, not on these facts. The committee concluded that the lawyer's ownership interest in a clinic that defers a personal-injury client's bills until settlement makes the deferral the lawyer's own…
Can a physician who is also a New York lawyer advertise free exams to screen medical malpractice claims for referral to lawyers, without disclosing the law license or the fee split?
No. The committee concludes that screening claims for referral is the practice of law, so the advertising must disclose the lawyer status; the referral-for-a-share-of-the-fee arrangement is barred…
Can a California lawyer agree to pay or indemnify a client for the litigation costs the client may be ordered to pay if the client loses the case?
The committee concluded that an attorney may agree to advance the reasonable expenses of a matter and waive repayment if there is no recovery, and may, either at the inception of the representation…
When must a judge screen a law clerk who is interviewing with firms that appear before the court?
West Virginia JIC Opinion 2006-05 substantially amends its August 2002 advice: the clerk should keep the judge generally informed about the search, but screening is required only after accepting a…
Can a Georgia lawyer or firm work as, or hire, a temporary or contract lawyer, and how are conflicts, confidentiality, and fees handled?
Yes. Under Georgia FAO 05-9, nothing prohibits the use of temporary lawyers, but the temporary lawyer and the firm must manage conflicts, imputed disqualification, confidentiality, client…
Can a lawyer bluff about a client's bottom line in a settlement negotiation or mediation without violating the ethics rules?
Within limits. The opinion concludes Rule 4.1 bars false statements of material fact in negotiation, including caucused mediation, but statements about a party's negotiating goals or willingness to…
Must a family court judge recuse after receiving a purse from a relative who was identified as a witness in a pending case?
West Virginia JIC Opinion 2006-04 advises recusal from the proceeding after the judge received the purse from the related potential witness, to avoid the appearance of impropriety under former…
May a judge raise a limitations defense for unrepresented defendants in county parking-ticket collection cases?
No. The Committee concludes that asserting the waivable affirmative defense for a party, rather than making a procedural accommodation, would call the judge’s impartiality into question.
Can a Florida law firm store its closed client files only electronically, without keeping paper copies?
Yes, a firm may store files electronically, but not where a statute or rule requires retaining an original, where the original is the client's property, or where destroying the paper would harm the…
When a lawyer announces opening a practice by letter, do the direct-mail solicitation rules apply?
The opinion concluded that a lawyer may announce a new practice with an announcement card and biography to the bar, businesses, and others; a personalized letter and biography to fellow bar members…
Can a probate judge teach a training course for county agency employees and accept pay for it?
The opinion concluded that a probate judge may teach a six-hour adult-protective-services course for county job and family services employees if it does not interfere with judicial duties, but…
Could a Missouri nonprofit domestic-violence shelter employ a lawyer to represent shelter clients for free?
Yes, when the nonprofit served only as a funding conduit, received no fee or benefit, exercised no control, and preserved a direct, confidential relationship between the lawyer and each client.
May a new judge remain trustee of a foundation that makes charitable grants and is involved in an appeal from the judge’s district?
Nebraska Judicial Ethics Opinion 06-1 allowed continued trustee service on the stated facts, with limits on legal advice, fundraising, frequent litigation, and participation in any remanded case.
Can a lawyer add a notice to client letters saying the client waives any malpractice claim unless they object within a short period?
No. Under Georgia FAO 05-8, stamping client correspondence with language that causes the client to waive malpractice claims unless they object immediately violates Rule 1.8(h), because the client is…
Can a New Mexico solo or two-lawyer firm call itself "& Associates" when all of its lawyers are already named?
The opinion concluded no; "associates" means lawyer employees, so appending "& Associates" when all the firm's lawyers are already named implies more lawyers than exist and is misleading under Rules…
Can a lawyer who owns a law-related consulting business represent a client in a matter against someone who is a customer of that business?
Yes, but only if the lawyer works through Rule 1.06(b)(2): the lawyer's interest in the business and its customers normally creates a conflict, so the representation is allowed only where it is not…
Can a lawyer pay a suspended or disbarred lawyer a share of a contingent fee under a referral or fee-sharing agreement made before the discipline?
Yes, but only if the fee-sharing agreement existed before the suspension or disbarment and the suspended or disbarred lawyer fully performed all of that lawyer's work in the matter before the…
How could a Colorado judge's spouse make a candidate contribution without suggesting it came from the judge?
The Board said the spouse's contribution should be made in the spouse's name alone, from a separate bank account, without reference to the judge or judicial position.
Can a Virginia attorney who serves as a mediator, or her law partner, represent a party in the same dispute after it was mediated at their mediation firm?
The opinion concludes the lawyer who personally mediated a dispute is barred under Rule 2.10(e) from later representing either party, with no cure available; that disqualification is imputed to her…
Could a South Dakota magistrate judge wear a judicial robe in campaign material for a circuit court seat?
Yes, if the material clearly identified the candidate as a magistrate judge rather than an incumbent circuit judge.
Could a South Dakota judge endorse another judicial candidate and invite voters to ask lawyers or court staff about the candidate?
The Committee recognized endorsements allowed by Canon 5C(1)(b)(iii) and accepted references to lawyers and law enforcement, but recommended against inviting voters to ask court staff.
Can a North Dakota lawyer pay a per-referral fee to join an internet lawyer referral service?
Paying a referral service for clients gives value for recommending the lawyer's services, which Rule 7.2(d) generally bars, but the committee concluded a lawyer may participate if the service is…
Could a South Dakota judge appear in a robe, and could a judicial candidate appear in a courtroom, in 2006 campaign material?
Yes to both. After repeal of an earlier categorical ban, the Committee allowed the images while cautioning that campaign materials must not be false, deceptive or misleading.
If a private firm's lawyer supervises one project of a law school legal clinic, are the clinic's other conflicts imputed to that lawyer's firm?
Yes. Where the clinic's students share common workspace and physical files, the whole clinic is one law firm, so the conflicts of the entire clinic are imputed to the supervising lawyers' firms and…
When a lawyer is of counsel to two firms, are one firm's conflicts imputed to the other firm's lawyers?
Yes, in most cases. Conflicts imputed to a lawyer under DR 5-105(D) are imputed to every firm with which the lawyer has an of-counsel relationship, and where two firms share an of-counsel lawyer…
Must a judge recuse in a contested case when one party is represented by the judge’s designated “alter ego” lawyer?
Yes. The Committee concludes that the publicly acknowledged special relationship manifests an appearance of bias requiring recusal.
May a judge oppose parole in a case the judge prosecuted years earlier as an assistant district attorney?
Yes. The Commission permits input from the former prosecutor but says the letter must use no judicial letterhead or title and must stay within facts known from the earlier prosecution.
May a judge appoint lawyers from a firm where the judge’s daughter serves of counsel?
Yes unless the daughter has a substantially affected interest, the judge develops party bias, or other facts reasonably question impartiality. The opinion allows disclosure and treats only 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.