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 an Arizona lawyer pay to join a for-profit online matching service that hides lawyers’ participation fees?
Opinion 05-08 rejects the described service under ER 7.2’s referral-payment rule and ER 7.1’s misleading-advertising rule; it finds the client-initiated contact did not violate ER 7.3. Later Opinion…
Can a lawyer hold a client's alimony checks to collect unpaid process-server costs the client incurred during the case?
The lawyer may assert an equitable charging lien and hold only the disputed amount until the dispute is resolved, but the opinion warns the approach is risky here because the checks are payable to…
If a criminal defense lawyer becomes a necessary witness, must the lawyer withdraw, can the lawyer still help with pretrial work, and can a partner take over the trial?
Rule 3.7 may require the lawyer to withdraw from trying the case, but the lawyer may still handle pretrial matters and preparation. A member of the same firm may serve as trial counsel, because Rule…
Can a firm that handled a client's home purchase later represent the homeowners' association in placing a lien on that same home for unpaid dues?
No, not without the former client's consent after consultation. The firm's earlier representation of the buyer at the home purchase is substantially related to filing a lien on that home, and the…
Does a lawyer have to report another lawyer for suspected double-billing, and can the lawyer warn the suspected biller's client who is also her firm's client?
No. A mere suspicion of double-billing is not the actual knowledge Rule 8.3 requires, so no report is mandatory, even if the other lawyer brags about billing 15 hours; and Rule 4.2 does not bar…
When could an advance flat or minimum fee leave a Vermont lawyer’s trust account, and when must it be refunded?
Opinion 2005-4 treated an advance as client property held in trust until earned, unless a knowingly agreed and reasonable fee was earned on receipt. Even then, withdrawal before completion or an…
Must a lawyer report opposing counsel who knowingly lied to the lawyer's client about what a court order required?
Yes. Opposing counsel's intentional misrepresentation of a material fact (falsely telling the client a divorce decree required a drug test) violated Rules 4.1 and 8.4, and because it raised a…
Must a Vermont firm keep obtaining opposing-party waivers after a former judge has left the firm?
The opinion says the firm need not continue obtaining waivers for new clients after the former judicial officer has left, assuming no case information or files were shared. It preserves the waiver…
Can a real estate lawyer privately finance the purchase and construction of a home for a contractor client the lawyer regularly represents?
Yes, if the lawyer satisfies Rule 1.8(a): the transaction must be fair and reasonable, fully disclosed in writing the client can understand, the client must have a reasonable chance to consult…
May Vermont agency general counsel work on a matter against the law firm where the lawyer's spouse represents the opposing party?
The opinion says the agency lawyer must not share agency information with the spouse and must not participate directly or indirectly when the spouse personally represents the opposing party. The…
Can a former prosecutor work on a civil case against an institution they investigated as a public official, and can the new firm still take the case?
No, not without the government agency's consent: a former deputy solicitor who personally and substantially investigated a boys' home while prosecuting an abuse case is barred by Rule 1.11(a) from…
May a Vermont litigation firm hire a lawyer from the opposing firm when the opponent refuses consent?
The opinion says the receiving firm may not continue the active adverse representation and hire the lawyer without both clients' consent under the rules then in force. Screening the lawyer and…
Can a lawyer represent a client against a witness who is the lawyer's former client from an unrelated matter, and cross-examine that former client?
Yes to the representation, with limits on cross-examination. The opinion concludes the lawyer may represent the new client in an unrelated matter, but may cross-examine the former client only…
Can a lawyer who mediated a divorce draft the dissolution documents for both unrepresented spouses to file pro se?
No. The opinion concludes a lawyer-mediator who drafts the judgment of dissolution and related agreements for two unrepresented spouses ends up representing both adverse parties in violation of Rule…
How does the judicial conduct code apply to a mental hygiene commissioner’s private prehearing safety conference with medical staff?
West Virginia JIC Opinion 2004-25 says the described conferences do not directly fit the ex parte exception, urges counsel participation where possible, and notes prompt disclosure and the chief…
May a judge send a letter on official stationery encouraging local lawyers to join the State Bar’s Volunteer Lawyers Program?
Yes. The Commission concluded that the proposed letter as written was permitted because it sought professional service for a State Bar program and did not impair the appearance of impartiality.
Is a Virginia lawyer disqualified from serving as guardian ad litem because opposing counsel is a former law partner?
No. The opinion concludes a lawyer serving as guardian ad litem has no conflict of interest merely because opposing counsel was once a partner, where the lawyer never worked on or learned…
When a client hands a lawyer documents taken from an employer without authorization, must the lawyer return them, notify the other side, and can the lawyer use the information?
The opinion concludes there is no single answer; the lawyer's duties turn on the documents' nature, how the client got them, whether they contain privileged material, and whether other law or a…
Does a lawyer who emails a document containing metadata that reveals client confidences violate the duty of confidentiality?
Lawyers must exercise reasonable care when transmitting documents by email to prevent disclosure of confidences and secrets contained in metadata. What reasonable care requires varies with the…
A matrimonial lawyer certified a client's financial statement to family court and later learns it omitted substantial assets through the client's fraud. Must the lawyer withdraw the statement?
Yes. The lawyer must call on the client to correct the fraud, and if the client refuses, must withdraw the false financial statement and disclose confidences to the extent implicit in that…
When representation ends, can a lawyer keep copies of the client's file even if the client objects, and can the lawyer demand a malpractice release in exchange for not keeping copies?
Yes to both. A lawyer may generally retain copies of the file at the lawyer's own expense, even over the client's objection. As a condition of giving up that right, the lawyer may seek a release…
Can a lawyer who represents a liability insurer also represent a plaintiff suing one of that insurer's policyholders?
Usually, unless the insurer is a party or information is at stake. The opinion concludes the simultaneous representation is not directly adverse to the insurer unless the insurer is a named party,…
Can a lawyer draft a will disinheriting someone the lawyer represents on other, unrelated matters?
Usually yes. The opinion concludes there is ordinarily no conflict in drafting an instrument disinheriting a beneficiary the lawyer represents elsewhere, because a beneficiary has only an expectancy…
Does the ban on some governmental committee appointments apply to a part-time municipal judge?
The committee said Rule 21-901(C)(1)(b) exempts part-time municipal judges from Rule 21-500(C)(2)'s governmental-position ban. It said the judge still had to meet the Code's integrity and…
May a Maryland judge join a local drug and alcohol abuse council that plans treatment services and reviews grant requests?
Yes. The Committee characterizes the council as advisory because its plan does not bind others and its grant recommendations neither control nor condition funding.
Can a judge ask local businesses to donate items used as rewards for defendants in a mental health court?
The opinion concluded that under Canon 1, 2, and 3(C)(1) a municipal court judge may not prepare and sign a letter asking local businesses to donate small items for use as rewards and incentives for…
Can corporate counsel block opposing counsel from interviewing employee fact-witnesses by asserting that counsel represents all of them?
Only where counsel has actually formed an attorney-client relationship with each employee-witness in compliance with Rule 1.7 (informed consent to joint representation, with notice of possible…
Can a lawyer refer clients to a cooperative the lawyer co-owns that provides non-legal, law-related services, and share in its profits?
It is not per se unethical. The opinion permits a lawyer to refer clients to a lawyer-formed cooperative offering non-legal, law-related services (such as trust administration) and to share in its…
Can a Texas lawyer co-own a chiropractor's practice, refer injury clients to that chiropractor, and share in the profits, including profits from the referred clients?
No. The Committee concludes the arrangement violates Rule 2.01 because it would prevent the lawyer from exercising independent professional judgment and giving candid advice about the client's…
If a D.C. lawyer is approached by someone who wants to sue an existing client and the lawyer declines, may the lawyer refer that person to another lawyer?
The opinion concludes that a lawyer who declines to take on a person seeking representation adverse to an existing client may refer that person to another lawyer. Recommending competent counsel does…
Can a North Dakota lawyer keep a fee-splitting agreement with another lawyer who has since been suspended, and pay that lawyer a share of the fee?
Under Rule 1.5(e), the lawyer may pay a now-suspended lawyer only for services that lawyer actually performed before the suspension, and only in an amount proportionate to that work; paying for…
I withdrew from a case and I'm holding a former client's arbitration award in an interest-bearing account in the client's name. The client keeps refusing the check based on a mistaken belief about a collateral matter. What am I supposed to do with the money?
Keep holding it in trust. The panel held the attorney is doing everything Rule 1.15 requires by holding the undisputed funds in a separate interest-bearing account for the client's benefit, and if…
Must a judge who established and presides over a drug court recuse from a case involving a major private donor to that program?
Yes on the stated facts. The Commission found the donor’s large contribution to a program the judge founded and managed would reasonably call the judge’s impartiality into question.
Is a circuit judge automatically disqualified when city police officers may testify and the judge’s spouse is the city’s mayor?
No. The relationship alone did not disqualify the judge in the described criminal matters, but direct involvement or an affected interest of the mayor could do so; the Commission said the judge…
Must a judge recuse after a party publishes a letter criticizing the local judicial system?
No on the stated facts, so long as the judge remains impartial and develops no personal bias from the letter. The Commission found the criticism indirect and no special circumstance calling…
Could a judge resume hearing cases while a homicide investigation involving the judge and spouse remained open?
The committee advised the judge to continue a voluntary absence from cases until the investigation ended and both the judge and spouse were cleared of criminal charges. It focused on public…
Can a lawyer pay a marketing company a flat fee for a bundle of pre-screened client leads, here for federal tax-relief clients?
No. Paying a marketing organization for leads to potential clients is compensation to obtain employment, which DR 2-103(B) prohibits, and neither of that rule's narrow exceptions applies.
When a Maine client asks for the file, must the lawyer turn over everything, including the lawyer's notes and internal memos?
Not everything. The opinion concludes the lawyer must deliver client property plus any material of value to the client not otherwise available, but generally need not turn over time records,…
Should a solo lawyer arrange in advance for someone to administer the client trust account if the lawyer dies or becomes disabled, and how?
The opinion concludes that, consistent with the fiduciary duty under ER 1.15 to safeguard client funds, it is prudent for a lawyer to arrange in advance for the trust account to be administered if…
May a chief justice publicly discuss a controversial court decision during a contested judicial election?
The letter indexed by West Virginia JIC as 2004-24 advises the chief justice against commenting on the decision, its validity, or the court procedures that produced it during the described election.
I used to represent a husband and wife together on the wife's immigration status. The applications were withdrawn and the marriage has now broken down. The wife wants me to represent her in a new application where she'll claim the husband subjected her to extreme cruelty. Can I take that case?
No, and the conflict can't be waived. The panel held Rule 1.9 bars the representation because the wife's new application is substantially related to the prior joint immigration applications and…
Can a North Carolina solo lawyer name or trade-name his firm 'North Star Law Office' when it leases space from and takes referrals from North Star Financial Group?
No to both. The opinion concludes the firm's official corporate name must contain a shareholder's surname under the State Bar's professional-entity regulations, so 'North Star Law Office' cannot be…
Can a North Carolina lawyer advertise 'no fee unless you recover' in a contingent-fee case without mentioning that the client may still owe litigation costs?
It depends on the wording. The opinion concludes that 'no recovery, no fee' style statements are misleading under Rule 7.1 unless the lawyer always makes repayment of advanced court costs and…
Can a prosecutor handle a habitual-felon case against a former client whose prior conviction the prosecutor once defended, or a defense lawyer handle a case built on a conviction he once prosecuted?
The opinion concludes a prosecutor may not try a habitual-felon case against a former client if effective cross-examination would require confidential information from the prior representation, and…
Can an insurance defense lawyer who represents both the insured and the insurer give the insurer a full settlement-value evaluation, and recommend whether to settle?
The opinion concludes the lawyer may give both the insured and the insurer a full, candid evaluation of liability, verdict range, and likely settlement, but may not recommend that the insurer…
May a Colorado judge discuss a pending case with a mentor judge?
The Board allowed consultation with a mentor or another judge only to aid the deciding judge, who retains final responsibility. If the advice goes beyond that aid, the deciding judge must notify the…
Must a judge recuse after reporting a lawyer appearing before the judge for misconduct?
Yes. The Board required disqualification from the pending case and other proceedings in which the reported lawyer appeared, because litigants could reasonably question impartiality.
Can an Oklahoma lawyer advertise specific jury verdict or settlement amounts they have obtained?
Yes, with conditions. The committee concluded a lawyer may list specific verdict or settlement amounts in advertising if the statement does not breach the duty of confidentiality, is factually…
May a judge serve on a local school improvement council and a city compliance board?
West Virginia JIC Opinion 2004-23 permits the judge to serve on both described bodies under former Canon 4.
What rules apply to an Ohio lawyer's advertising in telephone directories?
The opinion concluded that telephone-directory advertising is governed by DR 2-101(B)(2) and generally by the publicity rules in DR 2-101 to DR 2-105: among other limits, no trade names, no…
Can an Ohio lawyer be 'of counsel' to an out-of-state firm, or an out-of-state lawyer 'of counsel' to an Ohio firm?
The opinion concluded that an Ohio attorney in an Ohio firm may become 'of counsel' to a lawyer or firm in another state if the relationship does not violate that state's rules or laws, and an…
Can a part-time municipal court judge appoint their own son or daughter to serve as acting judge during a vacation?
The opinion concluded that it is improper under both the Ohio Code of Judicial Conduct and Ohio Ethics Law for a part-time municipal court judge to appoint a son or daughter as acting judge; the…
Can a lawyer set up a mutual client-referral arrangement with a chiropractor?
The opinion concluded that an attorney may send a chiropractor a letter asking to meet about the attorney's services, but may not enter a mutual referral agreement, reward or compensate the…
Can a lawyer take a mortgage on a client's home to secure payment of a legal fee?
The opinion concluded that a lawyer may take a mortgage on a client's home to secure a legal fee as a business transaction under DR 5-104(A), requiring full disclosure and client consent; if the…
If a Virginia firm hires the secretary or paralegal from opposing counsel's firm, must it withdraw from the shared case?
No. The opinion concludes the conflict rules (Rules 1.7 and 1.9) apply only to lawyers, so hiring opposing counsel's non-lawyer staff does not automatically disqualify the hiring firm; the firm may…
May a judge accept an honorarium for conference participation when it equals the amount paid to nonjudge participants?
Yes on the submitted facts. The Commission found the activity and payment source permissible, the amount reasonable, and the payment no greater than what nonjudges received.
When firms merge, can the old firm condition payouts of already-earned fees on each partner staying with the merged firm, or does Rule 5.6(a) bar that?
The opinion concludes that an agreement distributing a pre-merger firm's already-earned (but later-paid) profits only to partners who keep practicing with the post-merger firm violates Rule 5.6(a),…
Can a municipal solicitor represent the city before a zoning board that the solicitor also represents?
Normally yes. Because the dual role is mandated by the municipal charter and is a common feature of government lawyering, the solicitor may appear before a client agency in unrelated matters. But…
Can a lawyer for a joint venture sue one of its partners on behalf of a new client in an unrelated matter?
Only after checking several conflict questions. The lawyer must first decide whether representing the joint venture also created an attorney-client or fiduciary relationship with that partner, and…
When may a Nebraska judge retain payment for performing a wedding ceremony?
Nebraska Judicial Ethics Opinion 04-2 permits reasonable payment for an unsolicited ceremony outside normal court hours, without publicly funded court resources.
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.