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 judge rent a building they partly own to their son’s law firm if they recuse from the firm’s cases?
West Virginia JIC Opinion 2005-05 rejects the proposed rental even with recusal, because the public could reasonably perceive the business dealing as exploiting judicial position.
If a client secretly makes a side deal that renders a signed court stipulation false, must the lawyer tell the court, and can the lawyer reveal it?
Under the version of Rule 3.3 the committee applied, because the false stipulation amounted to the client's own offer of false evidence, the lawyer's duty was to seek to withdraw without disclosure,…
How long must a New Mexico lawyer keep a closed client file, and what must the lawyer do before destroying it?
The opinion concluded that a lawyer generally must keep a client's file for five years after the representation ends, must review the file and return original or client-property documents before…
Does a deputy county attorney who signs and swears to a charging affidavit become a witness in the case, in violation of the lawyer-as-witness rule?
No. The opinion concludes that signing a charging affidavit does not make a prosecutor a necessary witness under Rule 3.7, because the affidavit supports the court's probable-cause finding rather…
May a judge continue after a close relative enters a case late and the retaining party refuses to remit the resulting disqualification?
Yes if the judge determines that the late-appearing relative may not participate or that the retaining party has waived disqualification by adding the relative after contested issues were heard. The…
Can two law firms describe themselves as 'affiliated' or 'associated' on their letterhead, and what conflict and confidentiality duties follow?
The opinion concludes two firms may use 'affiliated' or 'associated' if the label truthfully describes a close, ongoing relationship and is not misleading under Rules 7.1 and 7.5. But once they hold…
When does a Virginia prison attorney who helps inmates with filings form an attorney-client relationship, and must he disclose his help to the court?
The opinion concludes a prison attorney who merely types an inmate's own words is not in an attorney-client relationship and need not disclose his role, but once he provides legal advice or actually…
May a North Dakota lawyer use out-of-state lawyers as estate-planning consultants and receive their referrals to a separate investment business?
The committee permitted the proposed consultation if the North Dakota lawyer retained responsibility, the consultants worked outside the state, and they did not advise clients directly. Referrals to…
Can a law firm let a software vendor access client files on its system for technical support?
Yes. Clients are deemed to impliedly authorize the access under Rule 1.6(a), as with a billing service, but the firm must make reasonable efforts under Rule 5.3(b) to ensure the vendor protects the…
What can a lawyer do when a depressed client won't help prepare for trial and forbids a continuance?
Under Rule 1.14 the lawyer may enlist the client's family and a close friend to persuade him to cooperate, while keeping his depression confidential. If that fails, the lawyer must weigh the harm of…
Can a lawyer keep a valuable gift from a client and prepare the gift tax return for it?
A lawyer should not accept a substantial gift without first advising the client to get independent counsel, and may not prepare the gift tax return or any instrument that effects the transfer to the…
Can a lawyer contact a represented opposing party just to get their lawyer's contact information?
Yes. A communication intended solely to learn the identity of and contact information for the other person's lawyer is not a communication 'about the subject of the representation,' so it does not…
When a Kentucky lawyer leaves a law firm, who has to notify the clients, can the departing lawyer contact former and firm clients, and can the lawyer take client files to the new practice?
Current clients must be notified (by the departing lawyer, the firm, or both) and decide who represents them going forward; the departing lawyer may contact former and firm clients only within the…
Years ago, before I became town solicitor, two residents consulted me about the town's plan to close a landfill and monitor groundwater there. I never took on their representation. Now, as solicitor, I'm handling a dispute over siting a new municipal facility on an adjacent lot, and those same two residents are opposing it as part of a citizens group. Do I have a conflict?
No. The panel held the current facility-siting controversy is not the same or substantially related to the earlier landfill-closure and groundwater consultation, so Rule 1.9 does not bar…
A website wants my firm to pay an annual membership fee to host a profile and get access to anonymous consumer requests for legal help, without the site ever recommending a specific attorney. Does that comply with the advertising and fee-sharing rules?
Yes. The panel held the flat annual membership fee is the reasonable cost of advertising permitted by Rule 7.2(c), the arrangement is not a referral service because the site never recommends a…
May a judge rent a personal cottage to a probation officer who works in the judge’s court?
West Virginia JIC Opinion 2005-04 permits the judge to rent the described cottage to the probation officer because the Commission found that relationship outside former Canon 4D(1)’s restricted categories.
May a circuit judge appoint a sixth-degree cousin as probation officer?
West Virginia JIC Opinion 2005-03 says former Canon 3C(4) would permit merit-based hiring without favoritism, but West Virginia Code § 62-12-5(d) prohibits this appointment of a related probation officer.
Can a Michigan judicial candidate announce views on disputed legal and political issues during a campaign?
The opinion concluded that, after Republican Party of Minnesota v. White, judicial candidates may announce their views on disputed legal and political issues because the First Amendment protects…
May a full-time magistrate judge also serve part time as a tribal judge pro tempore during evenings or weekends?
The committee said no. Although the proposed tribal hours did not overlap the magistrate job, then-current Rule 21-500(I) barred a full-time magistrate from holding any other judicial position.
May a judge’s spouse counsel a party or child from a divorce case the judge decided?
West Virginia JIC Opinion 2005-02 finds no ethical impropriety on the stated facts, where counseling was neither court-ordered nor arranged by the judge, but says the judge must recuse if the spouse…
Which current and former employees of a represented corporation can an opposing lawyer contact without corporate counsel's consent?
The opinion allowed contact with certain employees despite blanket representation claims. Former employees could be contacted without corporate counsel's consent unless they had their own counsel or…
Can an association of court employees charge vendors for booths or let vendors sponsor meals at its educational conference?
The opinion concluded that an association of judicial employees may charge vendors a fee to set up a booth at its educational conference and may permit vendors to sponsor a meal, reception, or…
Does a lawyer who only does contract research and writing for other attorneys have to give clients the malpractice-insurance disclosure?
The opinion concluded that an attorney who performs research and writing on a contract basis for other attorneys, but who is not engaged by, does not meet with, and does not advise clients, is not…
Did an Illinois judge have to recuse or disclose when a lawyer who briefly represented the judge six years earlier appeared?
No, on these facts. The Committee found neither disqualification nor disclosure required after the lawyer’s brief, concluded assistance on an ARDC response six years before the judge took office.
If a lawyer sits on a municipal planning board, can the lawyer vote on applications brought by the firm's clients or by clients of the lawyer's partners?
No. The opinion concludes a lawyer holding public office may not participate in or vote on a planning board matter involving a current client of the lawyer or a firm colleague, on any side; the…
Can a law firm sue a company it did transactional work for years ago on behalf of a personal-injury plaintiff, when the firm also represents a bank that lent the company money?
The committee concluded the firm could treat the company as a former client because more than two years had passed with no contact, so Rule 1.9 did not bar a new, unrelated personal-injury suit…
Can a plaintiff's lawyer keep negotiating directly with an insurance company's claims adjuster after defense counsel says to stop?
Yes. The committee concludes that contacting the insurer's non-lawyer adjuster is not contact with the represented policyholder, so the plaintiff's lawyer may negotiate with the adjuster over…
May a judge sign a public letter urging voters to approve a library bond issue while serving on the library board?
The committee concluded that the judge should not sign the proposed letter urging voters to approve the bond issue. It reasoned that the judge's office was known locally and the signature would lend…
In a joint representation where one client agreed up front that the lawyer may share information, must the D.C. lawyer disclose that client's relevant confidences to the other jointly represented clients?
The opinion concludes that where one jointly represented client has consented to disclosure of confidential information (for example, through a retainer agreement stating information 'may be shared'…
Which communications to prospective class members in a North Carolina class action must carry the 'This is an advertisement for legal services' disclaimer?
Only the ones that solicit employment. The opinion concludes that a court-issued class notice and informal litigation communications by counsel do not require the Rule 7.3(c) disclaimer, but a…
Can two North Carolina lawyers each form a single-shareholder professional corporation and have the two corporations form a partnership to practice law?
Yes. The opinion concludes that two lawyers may each form their own professional corporation and have the corporations form a law partnership without violating Rule 5.4(b)'s ban on partnering with a…
Is a North Carolina lawyer appointed only as a parent's guardian ad litem bound by the Rules of Professional Conduct, and what changes if the same lawyer is also the parent's counsel?
It depends on the role. The opinion concludes that a lawyer serving solely as a parent's guardian ad litem has no client-lawyer relationship and so is not governed by the Rules that impose client…
Must a judge recuse after inadvertently reading a party’s letter about a pending case or because the other party’s father serves on a legislative judiciary committee?
No on the stated facts. The judge promptly disclosed the letter, developed no personal bias from it, and the father’s legislative service did not reasonably call impartiality into question.
Can a Florida lawyer agree to a settlement clause that limits the lawyer's ability to represent other clients against the same opposing party?
No. A lawyer may not propose or agree to a settlement clause that directly or indirectly restricts the lawyer's right to practice. Confidentiality clauses limited to the settlement terms and general…
Can a lawyer let an insurer deposit settlement funds directly into the client's own account instead of the lawyer's trust account?
Yes, but only for the client's own share. A lawyer may participate in a settlement where the insurer deposits directly into the client's account only the portion owed to the client, but not where…
May a juvenile judge join a Court Appointed Special Advocate board outside the judge’s district?
Nebraska Judicial Ethics Opinion 05-1 concluded that CASA board service was prohibited because it could cast doubt on judicial impartiality even when the board served another district.
Can a lawyer who is a principal in an entertainment management company also represent that company's clients through the law firm?
Yes, but only in some matters. The committee concludes there is no per se bar, but the law firm may not represent the client in transactions where the management company's interest in closing the…
If a client deliberately stops paying and the retainer says nothing about interest, can a lawyer require the client to agree to interest as a condition of continuing?
Yes. The committee concludes a lawyer may condition continued representation of a deliberately delinquent client on the client's agreement to pay reasonable interest prospectively on the past-due…
Can a law firm share confidential client information with a collection agency's employees if they sign on as 'borrowed employees' of the firm to collect the firm's past-due fees?
No, not without each affected client's prior informed consent. The Committee concludes that labeling collection-agency employees 'borrowed employees' does not make them firm employees under Rule…
Does a lawyer who drafted a will have a conflict in representing one heir against another in a dispute over the estate?
The committee concluded that the lawyer who drafted the will does not necessarily have a conflict requiring withdrawal where the will's validity, the testator's competency, and confidential…
Can a lawyer use a web-based payment service where client credit-card payments first land in the lawyer's account with the service before going to trust?
The committee concluded that funds belonging to the client must go into a trust account meeting RPC 1.14 and may not pass through the lawyer's account with the service, but that using the service to…
Can a lawyer disclose that someone was a former client, and represent a new client adverse to that former client, when the former client won't consent?
The committee concluded the lawyer needs no consent to disclose the existence and subject of the prior representation, because a client's identity and the nature of the matter are usually not…
If a settlement offer the client wants to accept requires the lawyer to waive statutory attorney's fees, what must the lawyer do?
The committee concluded the lawyer must promptly convey the offer and abide by the client's decision to accept or reject it, and must satisfy RPC 1.7 if the lawyer's own interest in the fees may…
Does a non-compete clause in a lawyer's employment agreement violate RPC 5.6 if it expressly carves out the practice of law?
The committee concluded that the non-compete clause did not violate RPC 5.6(a) because, by its own terms, it reached only post-employment activities not related to the practice of law: it stated…
If a public defender must tell the court she doubts her client's competency, can she disclose the confidential conversations that prompted the concern?
The committee concluded that even assuming the lawyer must raise a competency concern with the court, RPC 1.6 still bars disclosing the attorney-client conversations that gave rise to it, to the…
Can a lawyer arrange for a CPA to take over, or buy, the lawyer's tax-return practice if the lawyer becomes disabled or retires?
The committee said a lawyer cannot share fees with or form a partnership with the accountant, must avoid facilitating the unauthorized practice of law, and must get each client's informed consent…
How far back does a law firm have to check its former clients when running a conflict-of-interest check?
The committee said that under RPC 1.9 a conflict continues indefinitely once it arises, and under RPC 1.10 a firm must check for conflicts as far back as each of its attorneys has been in practice;…
Can a contingent fee be calculated on both the client's recovery and the statutory attorney-fee award in a fee-shifting case?
The committee said that so long as the contingency fee agreement is reasonable, a fee structured on both the principal recovery and the statutory fee award does not appear to violate the RPCs, and…
Can a lawyer refer injury clients to a chiropractor who waives report and testimony fees in return?
The committee said this limited, non-exclusive quid pro quo is not per se unethical, but the lawyer has a mandatory duty under RPC 1.4(b) to explain the arrangement to the client, including the cost…
Can a retired judge now at a legal aid office represent a client who once appeared before him on the bench?
The committee said that if the retired judge had no personal and substantial participation, while on the bench, in the matter he now wishes to handle, representation does not appear to violate RPC…
Can a solo lawyer use her nickname as the name of her law firm, like 'XY Law Firm'?
The committee said using an attorney's nickname as a trade name is not ethically improper under RPC 7.1, 7.4, or 7.5, as long as the nickname does not create public confusion about the services…
Can a firm advertise under a short version of its name, like 'The Smith Law Firm,' when its real name is longer?
The committee said a firm may use an abbreviated designation such as 'The Smith Law Firm' in advertising, complying with RPC 7.5 and 7.1, as long as the short name is coupled directly with the full…
Can a lawyer draft a will for a family member that leaves substantial gifts to the lawyer or the lawyer's relatives?
The committee said RPC 1.8(c) bars a lawyer from preparing an instrument giving the lawyer or the lawyer's parent, child, sibling, or spouse a substantial gift unless the client is related to that…
Can a public defense agency give a county funder information from client files to verify billing or run a performance audit?
The committee said RPC 1.6 bars disclosing client confidences or secrets to a funding authority, and a lawyer cannot have the client waive that protection, but the rule does not preclude submitting…
May a law firm use an outside answering service for client and prospective-client calls?
Yes, if the lawyer takes sufficient steps to protect client information. The opinion specifies a confidentiality agreement covering staff notice and company liability for breaches.
May a lawyer contact a former client who threatens a bar complaint and keep a supposedly nonrefundable retainer?
The opinion permits direct contact unless the former client has counsel in the matter. It also says Missouri has no nonrefundable fees and the lawyer may retain only an earned fee.
When must counsel report an opponent who previously represented the current client in a related licensing matter?
The opinion makes reporting depend on the disqualification findings and counsel’s belief about the opponent’s good faith. If disqualification occurs and counsel believes the opponent lacked a…
May a criminal-defense lawyer secure fees with a deed of trust on the client’s parents’ property?
The opinion permits it only with close compliance with Rule 4-1.8(a) and, because the security comes from third parties, Rule 4-1.8(f). It cautions that a lawyer selected and initially paid by…
May a lawyer refer a client to another lawyer to revise a will that would leave the referring lawyer a substantial gift?
The opinion says the described referral and independent revision arrangement would not violate the Rules of Professional Conduct.
Does screening remove a firm conflict after it hires an associate who worked on an opposing party’s current custody case?
No. The opinion says the new associate’s prior work creates a conflict imputed to the hiring firm under Rule 4-1.10. Screening may help obtain consent but does not eliminate the conflict; the firm…
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.