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 a Nebraska lawyer assert an attorney lien against a former client's child-support judgment to collect unpaid fees?
The 2006 opinion found the lien legally permissible under then-existing Nebraska authority but identified no explicit ethics rule approving it and emphasized the possible loss of support to the…
Can a real estate closing lawyer disburse at the closing table up to the amount of collected funds already deposited, before depositing the remaining cash-equivalent funds?
Yes. The opinion concludes a closing lawyer may 'table fund' a transaction by disbursing up to the amount of collected funds (or collected-fund equivalents) that have been deposited, even though…
Must an Arizona lawyer disclose limited-scope coaching to opposing counsel?
Opinion 06-03 finds no general affirmative duty to disclose limited-scope help to opposing counsel, subject to truthfulness and the duty not to assist crime or fraud. A reasonable, consented limited…
Can a lawyer representing a seller accept the buyer's offer to hire her for a later resale of the same property?
Only if the lawyer reasonably perceives no conflict in the current representation and both parties consent after full disclosure; otherwise she should decline. The opinion treats even a pending…
Did Vermont Opinion 06-03 find that a law firm's 'advancing justice' email address and ad slogan violated the advertising rules?
The committee found a potential for the phrase to mislead, but was not prepared to say the proposed email address and media-ad slogan violated Vermont Rule 7.1 on the stated facts. It emphasized…
Under Nebraska's 2006 opinion, where could an immigration lawyer deposit a flat fee for a multiyear removal proceeding, and how should a later accounting work?
The opinion allowed the initial $2,000 flat fee to be treated as earned on payment and deposited in the business account, but said the agreement should state an hourly rate for accounting and any…
Can a closing firm move marked-up recording fees into a non-trust 'Recording Account' before disbursement, and keep the overcharge as profit?
Until the funds are disbursed they remain client funds and must stay in the trust account; a 'Recording Account' holding only the firm's own money is fine and the firm may tender a trust check…
May an Arizona bankruptcy lawyer receive a car dealer’s fee for referring clients who buy vehicles?
Opinion 06-02 rejects the proposed dealer referral fee for credit-challenged bankruptcy clients. The committee finds a serious personal-interest conflict affecting vehicle advice and doubts that the…
May a Vermont firm hire a lawyer whose former client is the firm's opponent in unrelated litigation?
The opinion says the unrelated regulatory work does not create a Rule 1.9 conflict if the matters truly are unrelated. The incoming lawyer remains barred from revealing or using the former client's…
Can a law firm hire a marketing company to distribute ads, screen responses, and be paid a percentage of fees from clients it brings in?
The firm may have a marketing company distribute mailed, posted, and door-to-door ads, but the company may not make personal contact, may not screen responses for merit, and may not be paid a share…
May a Nebraska lawyer serve as a part-time deputy county attorney in one county while accepting guardian-ad-litem appointments in another?
The original 2006 opinion required a case-by-case conflict assessment and refusal of conflicting appointments. Opinion 08-01 later amended it in part by barring a county attorney's firm from…
Must a real estate closing lawyer get the lender's or mortgage broker's written informed consent to represent multiple parties, and can the lawyer use an advance consent?
Only if the lender or broker is actually a client. If a client-attorney relationship exists, the lawyer must obtain the lender's informed consent confirmed in writing to multiple representation (or…
What client information and practice restrictions apply when an Arizona lawyer sells a solo practice?
Opinion 06-01 permits limited client names and general matter descriptions for preliminary sale talks, absent material harm or contrary client instructions, but requires consent for client-specific…
What could a lawyer do for a long-standing client whose ability to act in her own interest appeared impaired?
Opinion 2006-1 said the lawyer should maintain a normal relationship as far as possible and could take limited protective action if the lawyer reasonably believed the client could not act adequately…
Can a plaintiff's lawyer personally guarantee to the defendant that medical liens and subrogation claims will be paid out of a client's settlement?
No. A plaintiff's lawyer who guarantees and indemnifies the defendant that liens and subrogation claims will be paid from settlement proceeds is providing prohibited financial assistance to the…
Can a lawyer who serves on the city council and its police commission defend criminal cases in that city's court, and can resigning a seat cure the conflict?
The committee concluded a sitting city council member may not defend city cases moved to district court (a non-waivable conflict that requires resigning the council seat to take such cases).…
May a California attorney maintain overdraft protection on a Client Trust Account, what must the attorney do if a CTA check is dishonored, and when must earned fees be withdrawn from the CTA?
Per California Formal Opinion 2005-169, overdraft protection on a Client Trust Account is permissible only if it covers exactly the amount of the overdraft plus reasonable bank charges, not a…
Can a legal-services organization disclose client-identifying information to a public funding agency that demands it as a condition of funding, and is a client consent form enough?
Generally no. Under In re 544, a client's identity is information relating to the representation protected by RPC 1.6, and it cannot be disclosed to a public or private funder absent a valid statute…
Could courthouse employees accept Christmas turkeys from a county commission?
West Virginia JIC Opinion 2005-23 says the courthouse employees could accept the turkeys if former Canon 4D(5)(h)’s restrictions on donors with matters before the judge were observed.
Does New Jersey allow collaborative law, where both lawyers agree to withdraw if the case goes to litigation, and can a lawyer join an association of lawyers and nonlawyers that promotes collaborative practice?
Yes, with conditions. Collaborative law's mandatory-withdrawal agreement is a limitation on the scope of representation under RPC 1.2(c), permissible only if the lawyer reasonably judges it serves…
How long must a Mississippi attorney keep client files, and when can the lawyer return them to the client or destroy them?
The opinion concludes there is no bright-line retention period; once the matter is concluded the lawyer should return the parts of the file that belong to the client, and if the client cannot be…
Could sitting and retired judges take part in a charitable fundraising roast for a retired judge?
The Committee allowed the retired judge to be honored or roasted, but said sitting judges could attend only as guests, could not serve as roasters, and should not have their names used in the…
Could a retired circuit judge who still heard assigned cases put a robed photograph on his book jacket?
Yes. The Committee concluded that the proposed robed book-jacket photograph would not violate any provision of the Arkansas Code of Judicial Conduct.
Can a lawyer turn over a client's unclaimed trust funds to the state as unclaimed funds?
The opinion concluded that an attorney does not violate the duty to preserve client funds (DR 9-102(A)) or to promptly deliver them (DR 9-102(B)(4)) by reporting 'unclaimed funds' under R.C. Chapter…
Can a lawyer advertise with coupons for a free consultation or dollars off legal fees?
The opinion concluded that a lawyer may not advertise legal services with fee coupons for free consultation or dollars off, because coupons characterize fees as 'discount' or 'special' contrary to…
When representation ends, does a D.C. lawyer have to hand over the entire client file, including internal notes and strategy memos?
The opinion concludes that, upon termination, a lawyer must surrender to the client (or the client's successor in interest) the entire file of papers and property to which the client is entitled,…
Could a Colorado judge attend campaign events or appear in literature for a spouse seeking nonpartisan office?
The Board barred attendance at campaign events and other endorsements, but allowed a family photograph in the spouse's literature if the judge was shown and named only as a spouse, without judicial…
May a judge invest in an out-of-state bank and serve on its board?
West Virginia JIC Opinion 2005-22 permits the judge to invest in the described bank, whose market area excludes the judge’s circuit, but rejects service on its board of directors under former Canon 4.
May a Louisiana lawyer act as trial advocate when the lawyer is likely to be a necessary witness?
Generally no, unless a Rule 3.7 exception applies and no conflict prevents the dual role. Pretrial representation may continue with informed consent while the testimony is not prejudicial to the client.
Can a New Mexico lawyer secretly record a witness who has said the interview is off the record?
The opinion concluded that under those facts, no; where the lawyer knows the witness believes the interview is off the record, secretly recording it (or having an agent do so) deceives the witness…
When must a Colorado lawyer disclose the lawyer's own error to a client, and may the lawyer continue the representation?
The lawyer must promptly and specifically disclose a material error that is likely to prejudice the client's right or claim. Continued representation is permitted only if the personal-interest…
When does a lawyer admitted only in another state cross into the unauthorized practice of law by working in Maine?
When the lawyer establishes an office or systematic, continuous presence in Maine, holds out as admitted there, or provides Maine legal services beyond a recognized exception. The opinion applies…
Could a Maine probate judge chair a gubernatorial campaign committee, and what if the judge was seeking reelection?
The committee said a probate judge who was not a judicial candidate could chair the gubernatorial committee, while a probate judge seeking reelection remained subject to Canon 5(C) and the…
My firm represented a company on permits for a real estate project. The company sold its assets to a new corporation with different owners, and some of the old company's disgruntled shareholders are threatening to challenge the sale. Can we now represent the new owner on the same permits?
Yes. The panel found no Rule 1.9 conflict because the new owner's interests in the permits are not adverse to the former corporate client's; the adversity over the sale runs between the former…
I'm a solo/small-firm lawyer running for city council, and I regularly represent clients before the city's planning and zoning boards. If I'm elected, can I keep representing those clients before the boards?
The panel held there is no per se bar. Under Rule 1.7(b) the lawyer may represent clients before the planning and zoning boards case by case, provided the lawyer reasonably believes the…
In New Jersey, what makes a law firm's direct-mail solicitation letter to people charged with municipal offenses cross from permissible advertising into an ethics violation?
A joint opinion of the ACPE and the Committee on Attorney Advertising holds that solicitation letters which cast baseless aspersions on prosecutors and police, or misstate the prosecutor's role as…
How may an Alabama lawyer bill a client for costs and expenses, and what billing practices for fees and expenses are improper?
A lawyer may pass through actual costs but not general overhead, and may not surcharge disbursements, bill more than one client for the same hours, or recycle prior research as new billable time.…
Can a solo practitioner with no employees use a name like 'The Doe Law Firm' or 'The Advocacy Law Firm'?
The opinion concludes that a solo practitioner may use any trade name that is not a false or misleading communication, and that using the word 'firm' in the name (for example, 'The Doe Law Firm' or…
Must a family court judge recuse from a case they handled as a Child Advocate’s Office lawyer?
West Virginia JIC Opinion 2005-21 says a family court judge must recuse if a case in which the judge participated as a Child Advocate’s Office attorney later comes before the court.
May a domestic violence organization hold an appreciation luncheon at the court for magistrate and family court staff?
West Virginia JIC Opinion 2005-20 says an RDVIC appreciation luncheon at the court for magistrate and family court employees would create an appearance of impropriety.
May a sitting judge let a former law firm pay for a reception after investiture into a higher judicial office?
No, on the stated facts. The Committee found the firm-funded event would raise gift and appearance concerns for a sitting judge whose former firm would invite judges, officials, and lawyers.
Can a Virginia lawyer put a clause in a contingent-fee agreement converting to an hourly or contingent fee if the client fires the lawyer mid-case without cause?
The opinion concludes alternative or 'conversion' fee clauses are permissible in contingent-fee contracts if they comply with the Rules, are adequately explained (Rules 1.4 and 1.5(b)), stay…
Can a lawyer employed part-time by a social services agency serve as a Law Guardian for a child whose parent received non-legal services from that agency?
Sometimes. Agency employment alone is not a disqualifying interest, but the lawyer must decline (or withdraw) when their professional judgment as the child's advocate reasonably may be affected by…
Could a Colorado judge serve on a city crime-prevention commission that recommends criminal justice policy changes?
No. The Board found the commission's broad policy mission insufficiently tied to improving court administration and said service would also raise impartiality and independence concerns. Limited…
Can a law firm consult its own in-house ethics counsel about a client matter, without the client's consent, without creating a conflict with that client?
Yes. The committee concludes a law firm may form an attorney-client relationship with its own lawyers to get advice on its professional-responsibility obligations, including matters implicating a…
Could a Maine probate judge attend and speak at her husband’s gubernatorial campaign announcement?
Yes. The committee allowed her to appear and speak in a nonjudicial capacity, while noting that Canon 5A(1)(e) still barred soliciting campaign contributions.
Can a part-time assistant district attorney keep representing a private client whom the DA's office is now prosecuting?
No. The DA's office is treated as a law firm, so the office's conflict is imputed to the part-time prosecutor, who may not continue representing the husband in the civil estate-planning matter. The…
Does a North Carolina lawyer have to register a law firm website URL with the State Bar as a trade name if the URL is different from the firm's name?
Yes. The opinion concludes that a website URL is a trade name, because a trade name is any designation used to identify a lawyer, firm, or its services, and the comment to Rule 7.5(a) treats a…
Can a North Carolina bankruptcy lawyer let clients complete the required credit-counseling course in the lawyer's office using a third-party provider, and collect the provider's fee?
Yes, with disclosure and no markup. The opinion concludes a bankruptcy lawyer may offer prospective clients the chance to complete the federally required pre-filing credit-counseling course in the…
Can a North Carolina law firm base a nonlawyer employee's pay on the fees that employee earns representing Social Security disability claimants, and refer clients to her after she leaves?
Yes. Because federal law lets nonlawyers represent claimants before the Social Security Administration and earn fees for it, those fees are not 'legal fees' subject to Rule 5.4(a)'s ban on fee…
Can a North Carolina lawyer, or the lawyer's firm, appear before a judge who is a close relative of one of the firm's lawyers?
The related lawyer may not personally appear before a closely related judge without the consent of all parties, but other members of her firm are not disqualified. The opinion concludes the firm…
Could a Maine judge perform with a band at a free gathering where other members seek voluntary charity donations?
The committee found no Canon 4(C)(3)(b) violation if the judge followed all the proposed precautions, including no judicial title, no association with a selected charity and no handling or…
Can a North Dakota prosecutor accept a small thank-you gift from a crime victim, and do the ethics rules address it?
The committee concluded that North Dakota's Rules of Professional Conduct do not address whether a prosecutor may accept a gift from a victim. It pointed the prosecutor to a statute (N.D.C.C.…
What must a Louisiana lawyer do when subpoenaed for confidential client information?
If the client objects, the lawyer must assert applicable privilege and obtain a contradictory hearing. After a court orders disclosure, Rule 1.6(b)(6) permits the lawyer to testify.
Can a lawyer finance litigation costs with a loan from a lending institution and pass the interest on to the client?
The opinion concluded that a lawyer may finance litigation costs through a third-party loan and charge the interest to the client, provided the lawyer (not the client) is the obligor, the client…
Could an Illinois judge send a character or opinion letter for a former defendant’s clemency petition?
The Committee barred a voluntary letter requested by the defendant or counsel, but permitted a response to the Prisoner Review Board’s specific written invitation, subject to the opinion’s…
May a judge join the board of a disability rights advocacy group expected to litigate?
West Virginia JIC Opinion 2005-19 says the judge should not serve on West Virginia Advocates’ board because the Commission assumed that the organization would be involved in litigation before courts.
Can a lawyer represent a school district buying land from someone who sits on the board of a bank the lawyer's firm represents in unrelated matters?
Yes. The Committee concludes there is no prohibited conflict: under Rule 1.12(a) the firm represents the bank as an entity, not its directors, so representing the school district against a bank…
When I leave my firm, can I take a client I worked on there and switch the matter to a contingent fee, using what I learned while at the firm?
Yes, with safeguards. The Committee concludes a departing lawyer may solicit and accept a firm client on contingency for a matter the lawyer handled, but must comply with Rules 1.03, 1.04, 1.05,…
Can a Texas lawyer join a federal GSA schedule program that refers federal agencies to listed lawyers if the lawyer pays the program one percent of fees earned?
Yes, for services to federal agencies. The Committee concludes the one-percent payment is a negotiated fee discount with a single client entity (the Executive Branch), not fee sharing under Rule…
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.