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 West Virginia magistrate attend a nonprofit elimination dinner and list a judicial title on its ticket-holder handout?
West Virginia JIC Opinion 2024-01 permits participation unless the sponsor regularly appears before a court, and allows the magistrate's name but not judicial title on the handout.
Can a New Hampshire partner sell their firm or a practice area to an associate while continuing to practice law, without retiring?
The opinion concludes that under New Hampshire's Rule 1.17 a partner who is not retiring cannot sell their firm or practice area to an associate, because the rule requires the selling lawyer to…
Does a Colorado lawyer have an ethical duty to create a succession plan, and what should the plan cover?
The Rules do not formally require a succession plan, but the opinion concludes that the duty of diligence in Colo. RPC 1.3 (and Comment [5] for sole practitioners) supports having one. The opinion…
Can a New Mexico lawyer practice New Mexico law remotely while physically located in another state?
Yes. A New Mexico lawyer may practice New Mexico law through technology from another state or country, provided they do not violate the rules of the place where they are physically located, do not…
Can a New York lawyer or law firm represent two or more clients bidding against each other for the same asset?
Representing competing bidders for the same asset generally creates a conflict of interest, but the conflict is often waivable in a firm setting using separate teams and information walls, or by a…
When a D.C. lawyer serves as local counsel for an out-of-state lead attorney litigating in a D.C. court, what ethics duties does the local counsel keep?
The opinion concludes that the D.C. Rules draw no distinction between 'local' and 'lead' counsel: a lawyer serving as local counsel keeps full duties of communication, written fee disclosure,…
Can a Massachusetts lawyer accept a fee from a software vendor for referring clients to the vendor's service?
Only with the client's informed consent in writing, and sometimes not at all. The payment triggers the lawyer's duties under Rules 1.8(a), 1.7, and 1.6, and where the conflict is too strong the…
Can a Massachusetts lawyer let a client use the lawyer's letterhead to send demand letters to the client's delinquent customers?
No. Letting a non-lawyer client use the firm's letterhead is a false and misleading communication under Rule 7.1. A lawyer may send such letters only after a conflicts check, a competence-based…
May Nebraska court-appointed counsel publicly e-file an itemized fee statement without violating client confidentiality?
Filing does not violate Rule 1.6 per se because court rules create a narrow exception, but entries must be minimal and general. Counsel must protect confidential communications, work product,…
When a personal-injury client dies before suit is filed and the family declines to open an estate, what must the lawyer do, and must the lawyer tell the insurance adjuster the client died?
The representation ends at the client's death, so the lawyer has no authority to act. Under Rule 1.16(d) the lawyer should take reasonable steps to protect the client's interest, such as notifying…
May a Nebraska lawyer continue a client's personal-injury case while the lawyer and client are codefendants in a separate suit seeking repayment of settlement funds?
The separate suit creates a personal-interest conflict because the lawyer's financial exposure may affect settlement advice. On the opinion's narrow facts, the conflict is waivable through written…
Can a personal-injury lawyer refer clients to a pre-settlement litigation-funding company owned by the lawyer's spouse?
Rarely. Only in unusual circumstances where the lawyer's finances are not significantly intertwined with the spouse's may a lawyer refer clients to a spouse's litigation-funding business; if the…
May a Connecticut lawyer organize crowdfunding for a client without becoming a necessary witness, and how must the lawyer handle the donated funds?
Yes on the stated facts. The crowdfunding did not make the lawyer a necessary trial witness, while donated money received by the lawyer was client property subject to Rule 1.15.
May one Nebraska public defender office represent both an informant client and the client targeted by that informant's cooperation or sting operation?
No. The clients are directly adverse and the conflict is not waivable. If the target is not yet a client, the office should decline that appointment before any meeting or communication with the…
To guard against a real estate sale scam, can a buyer's lawyer mail a notice directly to the represented seller (or the owner of record) when the seller's lawyer refuses consent?
No. Even with a good-faith fraud-prevention purpose, contacting the represented seller without the seller's lawyer's consent violates Rule 4.2. The lawyer must still investigate ownership under…
Can a legal aid lawyer report anonymized client data to a funder, and what does RPC 1.6 require to prevent reidentification?
A lawyer may not rely on anonymization alone; reporting must be reasonably calculated to prevent reidentification, weighing the number of fields, the specificity requested, and the client…
When representation ends, which documents in the file must a Washington lawyer turn over to the client under RPC 1.16(d)?
The lawyer must surrender documents needed to protect the client's interests, including the client's documents, external communications, filings, transactional and corporate records, and substantive…
Can a Pennsylvania lawyer interview an opposing party's former employee who signed a confidentiality agreement?
Yes. The opinion concludes a lawyer may interview an adverse party's former employee for factual information and has no duty to ask whether a confidentiality agreement exists, but on learning of one…
Are California lawyers required to have a succession plan, and what duties does an assisting attorney take on?
California has no rule that expressly mandates a succession plan, but the combined duties of competence, diligence, communication, withdrawal, safekeeping client property, and supervision require…
Does a Pennsylvania lawyer need a signed confidentiality agreement from every vendor who can see client data?
No. The opinion concludes a lawyer need not get a signed agreement from every vendor, but must make reasonable efforts under Rule 5.3 to ensure the vendor has adequate procedures to safeguard…
Could a Mississippi judicial candidate tell voters that a political party endorsed her?
The Committee concluded that a truthful, nonmisleading statement about the party's actual endorsement did not violate the cited election statutes or the Code of Judicial Conduct.
Could an Illinois judge contribute to a State’s Attorney candidate whose office would prosecute cases before the judge?
The Committee allowed the contribution under Rule 4.1(D)(1)(c) and found that the stated $500 contribution alone did not require disqualification from the elected State’s Attorney’s cases.
Can a lawyer pay a nonprofit to be listed on its website as a sponsor or as a legal resource for victims?
A lawyer may buy ads on the site and may be listed as a 'sponsor' for a donation, but may not pay to be listed on a page that recommends lawyers to victims, which is a prohibited payment for a…
May a chief judge or supervised court marshal arrange donations for a courthouse therapy dog?
West Virginia JIC Opinion 2023-29 says neither the judge nor a supervised chief court marshal may act as the donation conduit; the County Commission should seek and handle the funds.
I switched to the firm that represents the estate I was adverse to for a former client. Can I work on the related trust matter, or does my firm have to screen me?
The panel concluded the attorney is personally disqualified under Rule 1.9(a) from the trust matter, but the former client can remove the disqualification with written informed consent; absent that…
Can I pass my credit card processing fees on to clients, and what do I have to tell them first?
The panel concluded a lawyer may pass credit card processing fees to clients in flat fee and hourly matters, and when the client pays for issuance of payment to a third party, so long as the charge…
May an Alabama probate judge operate a land surveying business outside court hours?
Alabama JIC Opinion 23-960 permits the probate judge's surveying business while it does not impair impartiality, delay court work, or exploit judicial office. The opinion bars use of court resources…
Can a lawyer agree to a settlement term barring the lawyer from disclosing information that is a public record?
No. A settlement term barring a lawyer from disclosing a publicly accessible government record is an impermissible restriction on the right to practice under Rule 5.6(b); the lawyer cannot offer or…
Can an Ohio lawyer write a contingent fee agreement giving the lawyer a charging lien on a percentage of the highest settlement offer made before the lawyer is discharged?
No. The Board concludes such a lien improperly burdens the client's right to settle and to discharge counsel and can produce an excessive fee; the lawyer's recourse is a lien based on what the…
May a Vermont Supreme Court justice mentor a state legislator seeking admission to the bar?
The Committee found no categorical prohibition. It said the justice must weigh appearance, coercion, political activity, and possible future disqualification before undertaking the mentorship.
May an Alabama judge join a judicial candidate's fundraiser host committee and appear on a mass invitation?
Alabama JIC Opinion 23-959 says host-committee service and listing on a mass fundraiser invitation for another judicial candidate are discouraged but not categorically prohibited. The invitation…
May a West Virginia judge publicly display a partisan opposition bumper sticker on a private vehicle?
West Virginia JIC Opinion 2023-28 concludes that the judge cannot publicly display the described 'Stop the GOP' sticker because it would appear to oppose Republican candidates.
What campaign activities may a West Virginia judge's court staff undertake for the judge's reelection?
West Virginia JIC Opinion 2023-27 permits staff to campaign voluntarily on their own time, including reposts, yard signs and events, but bars committee service, courthouse shirts and donations to…
A prosecutor wants me to testify about a former client. Does confidentiality still apply, and must I testify if a court orders it?
The panel concluded confidentiality under Rule 1.6 applies to a former representation and continues under Rule 1.9(c). The client may waive it by informed consent. Absent waiver, the lawyer should…
Can I hold my law firm equity in a revocable trust for succession planning without violating the no-nonlawyer-ownership rule?
The panel concluded a lawyer may transfer law firm equity into a revocable trust, but only if the sole trustee, any successor trustee, and all beneficiaries are licensed Rhode Island attorneys in…
When a lawyer represents multiple clients and settles their claims together, what does each client have to be told and agree to?
The opinion concludes that under Rule 1.8(f) a lawyer may make an aggregate settlement for multiple clients only if each client gives informed consent in a signed writing after full disclosure of…
Can a North Carolina lawyer who serves several clients at once, like a single calendar call or working for one client while traveling for another, bill each client for the same overlapping time?
The lawyer may serve multiple clients at once but may not bill each full hourly rates for the same overlapping time; the lawyer must prorate the actual time, or use a flat or unit fee, and pass the…
May a new Alabama judge take payment of earned legal fees from former opposing counsel and hear that lawyer's cases?
Alabama JIC Opinion 23-958 permits the judge to receive the one-time payment of fees earned before taking the bench. After the debt was paid in full, the opinion found no ongoing financial tie or…
May a Maryland judge answer lawyers' ethics questions on the MSBA Committee on Ethics hotline?
Maryland Judicial Ethics Opinion 2023-32 concludes that a judge may not serve on the MSBA ethics hotline because applying the Lawyers' Rules of Professional Conduct to callers' specific questions is…
May a legislator running for judge publicize legislative work, awards and organization memberships?
West Virginia JIC Opinion 2023-26 permits the candidate to list those credentials, but says the candidate must leave memberships that threaten neutrality or frequent disqualification before taking…
May candidates for other offices join a West Virginia judicial candidate's committee or sponsor a fundraiser?
West Virginia JIC Opinion 2023-25 says concurrent candidates for other offices may neither serve on the judicial campaign committee nor sponsor its fundraiser because that could appear to be an…
May a West Virginia judge or magistrate also serve as a volunteer firefighter or EMT?
West Virginia JIC Opinion 2023-24 declines to reconsider Opinion 2020-28 and maintains its bar on concurrent EMT or volunteer firefighter service by judges and magistrates.
May a West Virginia judge appear on television to discuss cases pending elsewhere or general court procedures?
West Virginia JIC Opinion 2023-23 bars a judge's media comments on pending or impending cases in any court, while allowing discussion of general court procedures unconnected to such a matter.
May a Missouri lawyer follow a client's directions under a consumer legal funding agreement?
Only after determining that the funding agreement is not champerty or maintenance under substantive law. If it is lawful, the lawyer may follow the client's directions but must give candid advice…
May West Virginia judges use AI for legal research, opinion drafting or deciding a case?
West Virginia JIC Opinion 2023-22 permits AI for research, forbids using it to decide a case's outcome, and calls for extreme caution with AI drafting and review of the final judicial work.
Can an Ohio lawyer pay a staff member a bonus for being named in a positive online review?
No. The Board concludes a bonus tied solely to a positive online review impermissibly ties nonlawyer pay to a particular client or matter and raises a risk of overreaching; bonuses based on revenue,…
If a client signs a letter of protection promising a medical provider payment from a settlement, can the lawyer pay the client all the proceeds anyway?
No. Once a client signs a letter of protection, the provider has a lawful interest in part of the proceeds, so the lawyer may decline a client's instruction to pay everything to the client and must…
Can a lawyer for the tortfeasor prepare the probate application to settle an unrepresented minor's injury claim?
Yes, with disclosures. The lawyer may prepare and file the application, but must tell the minor and parents in writing that the lawyer represents the tortfeasor, does not represent them, and that…
May a magistrate run for reelection while a spouse runs for sheriff, and hear cases involving the sheriff's department?
West Virginia JIC Opinion 2023-21 permits both candidacies with separate campaigns, requires recusal when the spouse is involved, and calls for disclosure when other department members appear.
Can an Alaska lawyer accept a client's pre-authorization to charge a credit card for fees as part of the engagement agreement?
The opinion withdraws the part of Ethics Opinion 85-5 that prohibited pre-authorizing credit card payments, so a lawyer may obtain a client's advance authorization to charge a credit card; the rest…
Does New Mexico require every practicing lawyer to have a written succession plan, and what must it contain?
Yes. Rule 16-119 NMRA requires every lawyer practicing in New Mexico to keep a written succession plan naming an assisting lawyer and locating client and trust-account information, to notify clients…
May a Colorado judge testify in an attorney discipline investigation while the lawyers have cases before the judge?
Yes. The Board required candid cooperation with the regulator, rejected automatic recusal, and called for an attorney-specific impartiality inquiry and disclosure of the judge's ongoing witness role.
May a West Virginia judicial candidate state a political party affiliation in a nonpartisan campaign?
West Virginia JIC Opinion 2023-20 permits party affiliation in campaign material if the candidate also states that the judicial position sought is nonpartisan.
May a judge speak at an NAACP fundraising banquet during a convention that also offers legal and civic classes?
The Committee said speaking at the banquet would violate the Code because the banquet itself raised funds and did not meet Rule 3.7(A)(4)'s exception. It permitted speaking at a nonfundraising…
May a sitting judge's reelection committee sponsor a charity's fundraising benefit?
West Virginia JIC Opinion 2023-19 says neither the sitting judge nor the judicial campaign committee may sponsor the described charity benefit.
When must a West Virginia judge recuse after a daughter-in-law joins the public defender's abuse-and-neglect team?
West Virginia JIC Opinion 2023-18 disqualifies the judge from matters involving the daughter-in-law or her grant-funded attorney and directs disclosure in other public defender matters.
May judges on the Judicial Conduct Committee report an attorney's false complaint and disclose confidential investigation records to attorney discipline officials?
New Hampshire Advisory Opinion 2023-ACJE-01 concluded that Rule 40(3) does not prevent the Judicial Conduct Committee from making a full report of the attorney's misconduct to the Attorney…
May a West Virginia judge appear as a guest on a law firm's television infomercial?
West Virginia JIC Opinion 2023-17 says the judge should not appear because viewers could perceive an endorsement of the firm and the appearance could spur disqualification motions.
Must a Maryland judge sign a U visa certification, and when may the judge do so?
Maryland Judicial Ethics Opinion 2023-20 says a judge need not entertain a U visa certification request but may sign in limited circumstances after completed proceedings, with party notice, record…
What Indiana ethics duties govern fee agreements, refunds, and disputed fees?
Fees must be reasonable and clearly described, unearned fees must be refunded, client or third-party funds belong in trust, and only the disputed portion remains in trust while the dispute is resolved.
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.