Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
When a conflict is thrust upon a firm mid-representation (for example by a client's acquisition) and one client won't consent, must the firm drop both clients?
No. For a genuinely unforeseeable 'thrust upon' conflict that arose through no fault of the lawyer and does not risk material confidences, the firm is not always required to withdraw from both. It…
May a circuit judge publish in a newspaper the names, photographs and addresses of people convicted of sex offenses in the judge’s court?
No. The Commission concluded that the proposed publication was outside judicial duties and would undermine the appearance of judicial independence and impartiality.
What must a criminal defense lawyer do when the client insists on committing perjury?
The lawyer must first try to persuade the client to testify truthfully; if the client still insists, the lawyer must disclose the client's intent to commit perjury to the court and move to withdraw,…
When a judge or prosecutor asks defense counsel whether a client is complying with a call-in bond condition, what should counsel say?
Counsel should treat the information as confidential under Rule 1.6 and respond that it is protected attorney-client information, unless the client has consented to disclosure or a judge…
What must a Mississippi lawyer do after obtaining an opposing party's privileged attorney-client communication that may not have been intentionally waived?
The opinion concludes the receiving lawyer must advise opposing counsel of the disclosure regardless of how it happened; the parties, or if necessary a court, then resolve whether the privilege was…
Can a legal aid clinic lawyer give Tennessee pro se litigants limited 'unbundled' help without becoming their counsel of record?
Formal Ethics Opinion 2005-F-151 concludes that a Pro Se Clinic lawyer may provide limited, unbundled assistance (advice and document preparation) to a self-represented litigant if the limitation is…
Could a Maine probate judge invoke the failure-of-justice exception instead of recusing from cases involving former campaign opponents?
The committee said the judge had not exhausted ways to find another judge or court and that Canon 3E(5) applied only in most unusual and extraordinary circumstances.
Can a former magistrate, now in private practice, represent someone in post-decree matters from a divorce the magistrate heard?
The opinion concluded that under DR 9-101(A) it is improper for a former magistrate, now practicing law, to represent a person in post-decree matters (such as custody, parenting time, child support,…
Is a judge disqualified because the judge’s spouse recently left a law firm representing a party, if she never worked on the case?
No under the stated assumption. The Commission found no reasonable question about impartiality where the spouse no longer worked at the firm and had never been involved in the case.
A lawyer represents a wife on a personal injury claim and her husband on a loss of consortium claim, and the husband has vanished. Can the lawyer settle the wife's claim?
Not without both clients' informed consent, because settling the wife's claim would bar the missing husband's derivative claim, creating differing interests. The lawyer must take all reasonable…
As a former assistant public defender, I once represented a murder defendant who later testified against a co-defendant under a plea deal. My future law partner currently represents that co-defendant. The co-defendant is willing to waive any conflict and have me screened. If I join the new firm, will my old conflict spread to the whole firm, and does screening fix it?
The conflict does impute to the new firm, and screening alone does not fix it. The panel held Rule 1.10(b) imputes the inquiring attorney's conflict to the new firm because the two defendants'…
My workers' comp client was convicted of a crime and served time, including home confinement, while collecting weekly benefits he wasn't entitled to during that period. He won't let me tell the employer or insurer. Do I have to disclose it myself, and can I keep representing him?
You can't disclose without consent, but you can't keep helping him either. The panel held Rule 1.6 bars disclosing the client's imprisonment to the employer or insurer absent consent, but if the…
Could a Colorado judge serve on the board of a large homeowners association?
The Board said service is assessed case by case and rejected it for the described association, whose large budget, reserves, and outside business dealings could lead to litigation.
Must a Colorado judge recuse when a lawyer from the judge's brother-in-law's firm appears?
There is no automatic disqualification for a relative's law partner or associate. On the facts presented, however, the Board required recusal because the small court, community, and firm made the…
Could a part-time city court judge also serve as deputy prosecutor in the same county?
No. The Committee said the same-county deputy prosecutor role violated the Code, while the separate city attorney role described, which excluded prosecutions in the judge’s towns, did not.
May a judge write a recommendation to a judicial nominating commission for another judge seeking appointment?
The committee said yes, if the recommendation was based on the writing judge's personal knowledge. It read the Code commentary's permission for reference letters together with its provisions on the…
Can a Kentucky lawyer participate in a collaborative law process, including a four-way full-disclosure agreement and a clause disqualifying both lawyers from litigation if no settlement is reached?
Qualified yes. The opinion concluded a lawyer may participate in collaborative law, including full-disclosure and disqualification provisions, so long as the agreement does not override the lawyer's…
Can a non-profit recoup the cost of a lawyer's retainer from the contingent fees the lawyer earns on referred cases?
The opinion concludes that a non-profit's arrangement to pay an attorney a $10,000 annual retainer for handling small day-laborer compensation claims on a contingent-fee basis, and then receive back…
Does a New Mexico lawyer have to report another lawyer's unreasonable fee?
The opinion concluded that charging an unreasonable fee is misconduct, and that a lawyer with knowledge of it has a mandatory duty under Rule 16-803 to report it to the appropriate authority; a…
Must a circuit judge who temporarily covered magistrate court recuse when that case reaches circuit court?
West Virginia JIC Opinion 2005-11 requires recusal from an appeal of the judge’s own magistrate-court decision, but says a probable-cause preliminary hearing alone does not require recusal from the…
Must a judge recuse when a litigant says they filed a judicial conduct complaint against the judge?
Nebraska Judicial Ethics Opinion 05-2 found no automatic recusal from the complaint alone, but said the judge should recuse if knowing of it creates personal bias or prejudice.
Can a lawyer for the opposing party interview a represented corporation's lower-level employees without going through the company's counsel?
The Committee concluded that yes, within limits. Following the Nevada Supreme Court's decision in Palmer v. Pioneer Inn Associates, the no-contact rule (SCR 182, now NRPC 4.2) bars ex parte contact…
Can a lawyer tell the police that a client's business partner is the suspect in a crime against the lawyer?
It depends on the source. If the lawyer's suspicion comes from confidential client information, disclosure requires the client's consent after consultation. If it comes from the lawyer's own direct…
Can a lawyer represent a client's son in a guardianship petition against that same long-time client?
No, on these facts. The lawyer would be adverse to a current or former client and could not satisfy the consent requirements of Rules 1.7 and 1.9, and she is also likely to be a necessary witness,…
Could a part-time district judge represent felony defendants in circuit courts in the same circuit?
No. The Committee said a part-time judge could not represent criminal defendants in the same circuit, despite the limited civil and traffic jurisdiction of his own district court.
Could a lawyer accept a circuit judgeship while retaining financial and business ties to his law firm?
The Committee said the applicant could not accept the appointment on the stated facts because retained firm interests, future fees, and office arrangements conflicted with the Code’s restrictions.
Can a lawyer get a client to consent in advance to future conflicts of interest, and when does that waiver actually hold up?
Yes, more broadly than before. The opinion concludes amended Rule 1.7 lets a lawyer obtain informed consent to a wider range of future conflicts, and that open-ended consent is most likely effective…
If a criminal client tells the lawyer he will commit suicide rather than go to jail if convicted, may the lawyer disclose that threat to the court or others?
Yes, but only as a matter of discretion. The opinion concludes that under Alaska RPC 1.14(b) the lawyer may disclose a client's stated intent to commit suicide to appropriate authorities, but is not…
In New Jersey, can a lawyer who represents an estate's executor (or who is the executor) list the estate's real estate with a brokerage that employs the lawyer's spouse, if the spouse earns no commission on the sale?
Only with strict RPC 1.8(a) compliance. The Committee assumes that any referral to a real-estate agency in which the lawyer or the lawyer's spouse has a business interest benefits the lawyer, even…
May a magistrate attend a free public defender conference, and may a magistrate assistant work a special election?
West Virginia JIC Opinion 2005-09 advises against the magistrate attending the sponsored conference and says the assistant’s work at the described bond-election polls would be improper.
Must a judge recuse when a criminal defendant is the son of the judge’s longtime personal physician?
Yes on the submitted facts. The Commission found enough circumstances to create a reasonable question about impartiality despite the judge’s belief that he could decide fairly.
After successfully mediating a divorce, can a Utah lawyer-mediator draft the settlement agreement and court pleadings for both parties?
The majority concludes no: drafting the settlement and divorce pleadings is the practice of law, and a lawyer may not represent both opposing parties in litigation under Rule 1.7(a). The…
Can I borrow money for case expenses from a finance company and agree to pay the lender a percentage of my contingency fee in the case?
No. The Committee concludes that agreeing to pay a finance company or other lender a percentage of the lawyer's contingency fee is sharing legal fees with a non-lawyer in violation of Rule 5.04(a),…
Can I keep representing a client who disagreed with my settlement recommendation and then consulted a malpractice lawyer about my handling of the case?
Only conditionally. The Committee concludes that once a client has consulted a malpractice lawyer about the representation, the lawyer's personal interest in a possible malpractice claim creates a…
Do the rules of professional conduct apply to an inactive lawyer, and can an inactive lawyer running a side business pay referral fees?
The opinion concludes that an inactive Arizona lawyer who is not practicing law must still comply with the Rules of Professional Conduct. Such a lawyer may pay a referral fee to a third party for a…
Can a lawyer who also runs a separate investment advisory business accept referral fees for sending people to an investment firm?
Under ER 5.7 (adopted in 2003), the opinion concludes a lawyer running a separate investment advisory business may refer non-clients to an investment firm that pays the lawyer a referral fee, if the…
When a lawyer represents a legal services nonprofit pro bono, can the lawyer pay litigation expenses without the organization remaining liable for them?
Only if the organization itself is indigent. The committee holds that a legal services provider is not indigent merely because it serves the poor or wants to spend its money on its mission;…
Could an Illinois judge hear felony cases when the judge’s son-in-law signed the charging document or appeared for the State?
No. The Committee required disqualification when the son-in-law acted as a lawyer in the case, including by signing the information or appearing at the first hearing; mere employment in the office…
Could a judge send a character letter to a sentencing judge at a defendant’s or lawyer’s request?
No. The Committee said a defendant’s or lawyer’s request was not the formal request required for information to a sentencing judge under the then-current Canon 2(B) commentary.
At sentencing, if the judge asks defense counsel about the client's prior convictions, can the lawyer answer?
Only with the client's informed consent. Otherwise, defense counsel must respectfully decline to answer in a way that does not mislead the court, because information about the client's prior…
If a former client claims the lawyer's advice confused him, can the subpoenaed lawyer testify about their privileged discussions to prevent a fraud on the court or clear the lawyer's name?
No. Absent a court order, a subpoenaed lawyer may not divulge any attorney-client information, either to the prosecution or in open court, even though the former client has attacked the lawyer's…
May a part time judge personally solicit lawyers for a county bar association charity campaign?
The Committee prohibited the proposed personal solicitation of county lawyers by letter and telephone, even though the letter would omit the judge’s title.
Can a Virginia lawyer disclose a former client's file to a third party because a private agreement seems to require it?
No. The opinion concludes a contract is not 'law' under Rule 1.6(b)(1)'s disclosure exception, so a lawyer holding a former client's confidential file may not turn it over based on a private…
Does a Mississippi law firm have to submit its website to the Bar before using it, and does pointing readers to the site count as solicitation?
The opinion concludes a law firm website is an advertisement but is exempt from pre-dissemination submission under Rule 7.5(b)(8) when reached through a browser search the viewer initiates;…
May a judge serve on a County Extension Service Committee?
West Virginia JIC Opinion 2005-06 permits the judge to serve on the described County Extension Service Committee under former Canon 4.
In a county with more than one county court judge, can the law partners of a part-time judge appear before another county court judge?
The opinion concluded that in counties having more than one county court judge, it is proper for the law partners and associates of a county court judge to appear in county court before another…
If a North Carolina law firm uses a nonlawyer to represent Social Security claimants, must it disclose that in its advertising and to the client, and is the nonlawyer bound by the ethics rules?
Yes on all counts. The opinion concludes that a firm advertising Social Security representation must disclose when a nonlawyer will provide it, because omitting that fact is materially misleading…
An insurer assigned me to defend its insured in a car-accident lawsuit. The insured has refused to meet with me and now can't be located, even after hiring investigators here and abroad. Do I have to enter an appearance and answer the complaint anyway?
No, and you may not. The panel held no attorney-client relationship was ever established because the insured refused to meet with the lawyer and cannot be located, so the Rules neither require nor…
My insurance-company client assigned me to defend Physician A in a malpractice suit; Physician A was later dismissed. Now the same insurer wants me to represent Physician C, a non-party witness in the same case who's worried about being added as a defendant, at a deposition. Can I represent Physician C when my former client Physician A was a co-defendant in the same lawsuit?
It depends on whether the two physicians' interests are actually adverse. The panel held the attorney must first determine whether Physician C's interests, or testimony, are materially adverse to…
Can a lawyer report a client who fails to pay legal bills to a credit reporting agency?
The opinion concludes the fact and amount of an unpaid legal bill is a client secret under MRPC 1.6, so a lawyer may report it to a credit agency only with the client's prior written consent, after…
Must a circuit judge who does not run a drug court recuse from cases involving a large private donor to that program?
The Commission said this judge was not disqualified on the stated facts unless he personally felt he might be affected. His connection to the donor-funded program differed materially from the judge…
What must a Louisiana lawyer do with settlement funds claimed by both a client and a third party?
The lawyer must protect known enforceable third-party interests, distribute undisputed amounts, and preserve the disputed amount. The client cannot direct the lawyer to disregard the third party's rights.
What must a Louisiana lawyer deliver when a client requests the file after representation ends?
The lawyer must promptly deliver the entire original file, including work product, and may not condition release on payment of fees, copying costs, or an unreasonable delivery method.
When may a Louisiana lawyer use a contingency fee in a domestic-relations matter?
The fee cannot depend on securing a divorce, setting support, or obtaining property in lieu of support. After divorce, the opinion permits contingency fees for collecting arrearages and for property…
What must a Louisiana lawyer do for clients when retiring and closing the practice?
The lawyer must give reasonable notice, allow time for replacement counsel, surrender files and property, refund unearned advance fees, and protect client interests during the closure.
When a D.C. lawyer represents an organization's officer or director personally (not the entity), how should the lawyer handle the role and later conflicts adverse to the organization?
The opinion concludes that a lawyer who personally represents a constituent of an organization (a board member, officer, or special-committee member) should make clear at the outset that the lawyer…
Must a judge recuse from every sheriff's case when the judge's spouse sometimes assists with arson investigations?
The Board required recusal when the spouse or an investigator supervised by the spouse worked on the case, but rejected automatic recusal from every sheriff's case. It also called for disclosure…
Does a would-be client create an attorney-client relationship, or a duty of confidentiality, just by sending a lawyer unsolicited information, including through the lawyer's website?
The Committee concluded that a prospective client's unilateral act, such as sending an unsolicited letter, generally does not by itself create an attorney-client relationship, though one can arise…
When a third party (such as a medical-lien holder) claims part of a client's settlement, what must the lawyer holding the funds do, especially if the client says don't pay?
The Committee concluded that under SCR 165 (now NRPC 1.15) a lawyer owes duties to a third party only when that party 'has' an actual interest in the specific funds (an assignment, statutory or…
If a lawyer learns a child has been abused, does the duty of confidentiality or Nevada's mandatory child-abuse reporting statute control?
The Committee concluded, under the rules then in force, that SCR 156 (the predecessor to NRPC 1.6) required the lawyer and the lawyer's legal assistants and law-student attorneys to keep child-abuse…
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.