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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After recusing from a felony case over personal knowledge, could an Illinois judge hear probation revocation based on the same event?
No. Because the judge had already declared an inability to set aside personal knowledge of the disputed event, the same ground required disqualification in the related revocation case.
Can a Virginia lawyer garnish a former client's unearned fees sitting in the new lawyer's trust account to collect unpaid fees?
The opinion concludes it is not a per se ethics violation to garnish a former client's advanced (unearned) fees held in successor counsel's trust account to collect a fee judgment, because those…
Does a Virginia lawyer have a former-client conflict when his firm partner once represented people who are now adverse parties, even years later and now suing as trustees?
The opinion concludes the scenario must be analyzed under Rule 1.9: none of the proffered escape hatches (a 19-year gap, a title company doing the title work, the clients now holding land as…
Must a Virginia lawyer disclose to opposing counsel that he sent a letter supporting a judge in a judicial-inquiry proceeding?
No. The opinion concludes a lawyer's letter of support to the Judicial Inquiry and Review Commission is citizen participation in a government process, not a 'thing of value' given to influence the…
What must a Tennessee lawyer do after receiving an opposing party's confidential or privileged documents that were clearly sent by mistake?
Formal Ethics Opinion 2004-F-150 concludes that a lawyer who receives an adversary's documents that on their face appear privileged or confidential, under circumstances making clear they were not…
What kinds of claims in Tennessee lawyer advertising count as false or misleading under RPC 7.1, including past results, testimonials, and 'best lawyer' claims?
Formal Ethics Opinion 2004-F-149 concludes that, under RPC 7.1, lawyer ads may not refer to prior results (damage awards, settlements, verdicts) unless they also state the specific factual and legal…
May a family judge write a law-school reference for a domestic violence advocate and speak at the advocate’s seminar?
West Virginia JIC Opinion 2004-22 permits the reference letter but advises against speaking at the described seminar, which was limited to one segment of the bar on a subject prominent in the…
When a government lawyer represents an agency, who is the client, and when can the lawyer also represent the agency's officials or employees in a civil case?
A government lawyer's client is ordinarily the agency, not the public at large or the individual official. The lawyer may also represent an employee personally only if a disinterested lawyer would…
If the statute of limitations is about to expire and the lawyer cannot reach the client to confirm authority, may the lawyer file the lawsuit anyway?
The opinion concludes the lawyer may file the complaint if she reasonably believes the client authorized the suit and is relying on her to file, or that failing to file would materially and…
How did the 2004 judicial conduct rules treat allegedly misleading claims on an opposing judicial candidate's website?
The committee treated candidate websites as campaign advertising subject to the Code's misleading-content and material-fact limits, but declined to decide whether the specific allegations were…
Should a Supreme Court judge recuse when an appointed disciplinary referee’s partner is married to the judge’s first cousin?
Nebraska Judicial Ethics Opinion 04-3 called for recusal because the relative’s spouse could have an interest in referee fees and the judge’s review would create an appearance of impropriety.
An insurer wants one lawyer to defend two insured co-defendants, one of whom can claim indemnification from the other and the claim exceeds the policy limits. Can the lawyer represent both?
Only if a disinterested lawyer would believe both can be competently represented, the defendant with the indemnification claim agrees not to assert it as a cross-claim, and both consent after full…
A lawyer already owns land that is the subject of an annexation dispute between two towns. Can the lawyer represent one of the towns in the litigation over that land?
Yes, if the lawyer's interest is aligned with the client's, the client consents after full disclosure, and the lawyer is not likely to be a witness on a significant issue. DR 5-103(A) bars only…
Is a public defender's office treated as a single firm for conflict-imputation purposes?
The opinion concluded that, for purposes of imputed disqualification resulting from a conflict, the Office of the Public Defender or Federal Public Defender is a firm within the meaning of HRPC 1.10(a).
Does a lawyer have to report another lawyer's misconduct when that other lawyer is licensed but does not practice law?
Yes. The opinion concludes that Rule 8.3 requires reporting a licensed lawyer's misconduct, even conduct entirely removed from law practice, when it raises a substantial question about honesty,…
Can a lawyer contact a former employee of a represented corporate party without the company's lawyer's consent?
Yes. The opinion concludes Utah Rule 4.2 does not bar contacting an unrepresented former employee of a represented organization, because Rule 4.2(c) reaches only current control-group members and…
Could a judge sign a factual affidavit about events from his prior representation of a client?
Yes. The Committee said Canon 2(B)'s restriction on voluntary character testimony did not address the proposed affidavit, which was limited to facts.
May a judge rejoin a private club after court findings that it discriminated against women?
The Committee required careful review of the club’s current policies and practices, including compliance with prior court orders, and said doubts should be resolved against rejoining.
When an insurer or a court pays a lawyer to defend a client, must the lawyer get the client's written informed consent and explain the fee and scope in writing?
Yes. Under Montana's 2004 rules, a lawyer paid by an insurer to defend its insured must obtain the insured's written informed consent under Rule 1.8(f) and communicate the scope, fee rate, and the…
Can a law firm be named on a business client's website, and can it be called the company's 'preferred attorneys'?
The opinion concluded that a law firm may be identified by name and logo on a business client's website (not false or misleading), but may not be called the company's 'preferred attorneys'…
Can a judge start and chair a court arts committee, work with a nonprofit arts foundation, and accept donated artwork for the courthouse?
The opinion concluded that a municipal court judge may establish and chair an arts committee to commission an artist and choose artwork for the court's historic building, may collaborate on the…
Can a court accept a donation of firearms from a company for use in court security?
The opinion concluded that under the Ohio Code of Judicial Conduct a municipal court judge should not accept a donation of ten carbines to the court's probation department for court security,…
Can a lawyer use a contingent fee to pursue assets an ex-spouse hid during a divorce, after the dissolution is already final?
Yes, on these facts. Once the dissolution and property settlement are final, the policy behind Rule 1.5(d)'s ban on domestic-relations contingent fees no longer applies, so a contingent fee to chase…
If I'm a Texas lawyer serving as a state senator or representative, can I represent private clients in courts within my legislative district?
Yes. The Committee concludes that holding state legislative office does not by itself bar a lawyer from representing clients in city, county, and state courts in Texas, including courts in the…
Can I call an expert witness whose employer has a contingent fee interest in the outcome of my client's case?
No. The Committee concludes Rule 3.04(b) bars a lawyer from using an expert witness employed by a business entity that holds a contingent fee interest in the case, because the rule prohibits…
As insurance defense counsel, can I email my fee statements to the insurer's third-party auditor and pay the auditor a percentage of my fee?
Not without the insured's informed consent, and never the percentage payment. The Committee concludes the fee statement is confidential under Rule 1.05, so disclosing it to the auditor requires the…
May a judge take part in a paid 'Dunk a Judge' booth at a cancer-research fundraiser?
The committee said no. It concluded that the booth would use the prestige of judicial office to attract donations and could draw participants seeking favor from the judge.
If a paralegal or secretary moves to a new firm carrying confidences from the old firm, can the new firm screen them instead of being disqualified?
Yes. The opinion concludes the imputed-disqualification rules apply only to lawyers, so a firm may screen a nonlawyer rather than be disqualified, by shielding them from the matter and barring…
May a judge hire a frequent child-support litigant in the judge’s court to work at home?
West Virginia JIC Opinion 2004-21 advises against employing the frequent litigant for home work under former Canon 2’s appearance-of-impropriety standard.
Can a North Carolina law firm advertise 'put our 30 years of experience to work for you' when that figure is the lawyers' combined experience and no single lawyer has practiced that long?
Not as worded. The opinion concludes that advertising '30 years of experience' is misleading under Rule 7.1 when it is the lawyers' combined experience and no single lawyer has practiced more than…
Can a North Carolina lawyer reveal a client's confidential information in a suit to collect an unpaid fee, including to support a claim to pierce the corporate veil?
Yes, within limits. The opinion concludes that Rule 1.6(b)(6)'s self-defense exception lets the lawyer disclose confidential information learned in the representation to establish a…
Can a lawyer feed deposition questions to another lawyer to ask a represented opposing party who is testifying as an expert in an unrelated case?
It depends on the questions. The opinion concludes that submitting general questions about the medical procedure does not violate Rule 4.2, but if the questions probe the facts at issue in the…
When an appointed client disappears, can the lawyer advocate for the outcome the facts seem to support, or must the lawyer move to withdraw?
No, the lawyer may not substitute his own objectives. The opinion concludes that when an appointed client has disappeared and her objectives are unknown, the lawyer must use reasonable diligence to…
Must a judge recuse from an attorney’s cases when that attorney’s firm colleague represents an estate opposing the estate for which the judge is executor?
No on the stated facts. The Commission said the conflict tied to an attorney opposing the judge does not ordinarily extend to that attorney’s other firm members absent extraordinary circumstances.
Is a judge disqualified from a school board contract case because the judge’s daughter is a substitute teacher seeking permanent employment in the district?
No on the submitted facts. The Commission found no bias, affected interest, material-witness role, or other personal involvement of the daughter in the litigation.
Can a Virginia prosecutor prosecute defendants represented by a lawyer with whom the prosecutor co-owns a law office building and equipment?
No. The opinion concludes that where a prosecutor co-owns the office building and law-practice equipment with the defense lawyer and shares mortgage and loan obligations tied to that law practice,…
Are Virginia prosecutors held to the same competence and diligence duties as other lawyers, and can an excessive caseload be an ethics violation?
The opinion concludes the duties of competence (Rule 1.1) and diligence (Rule 1.3) apply equally to Commonwealth's Attorneys, with no lower standard for prosecutors; a caseload so large it precludes…
Can a Virginia lawyer keep using a bank that freezes the whole trust account after 2:00 deposits, knowing client checks will bounce?
No. The opinion concludes that writing trust-account checks with knowledge that the bank's account-wide hold will bounce them intentionally prejudices clients in violation of Rule 1.3(c) and is a…
Can a Virginia defense lawyer tell witnesses they need not talk to the prosecutor or need not appear in court?
The opinion concludes the defense lawyer's statements did not violate Rule 3.4(h), because none was an actual request to withhold information (its civil-matter exception aside). But three of the…
Does a Virginia lawyer owe confidentiality after an initial consultation, and can a spouse 'taint shop' to disqualify every divorce lawyer?
The opinion concludes the duty of confidentiality under Rule 1.6 attaches to an initial consultation even when no attorney-client relationship forms and no fee is paid, so a lawyer who received the…
May an Illinois judge voluntarily send a character letter for another judge facing disciplinary charges?
No. The Committee applied former Rule 62B to bar a voluntary character letter to the Illinois Courts Commission, while allowing a response to the Commission’s formal request or a subpoena.
May an Illinois judge serve as an unpaid director of a nonprofit hospital?
Yes, unless hospital proceedings ordinarily come before the judge or the hospital is regularly engaged in adversary proceedings in any court.
Could an Illinois judge attend school hearings for children in the judge’s care and mention judicial office in a letter?
Yes, on the stated facts. The Committee allowed attendance for the judge’s children and a child temporarily in the household and found that a factual mention of judicial office in a neutral-request…
Could a magistrate candidate attend a right-to-life candidates’ forum in 2004?
West Virginia JIC Opinion 2004-20 says the state code pointed against comments on the forum’s issues, but after the cited Supreme Court decision the Commission lacked clear guidance and suggested…
Could a judge serve without pay as trustee of a longtime friend’s life insurance trust?
No. The Committee said Canon 4(E)(1) barred a judge from serving as trustee outside the listed family exception, and it had no authority to waive that prohibition.
In West Virginia, can the insurance defense lawyer prepare the summary-settlement petition that an unrepresented parent or guardian of an injured minor will file and sign?
The Board could not reach consensus, splitting between a Rule 1.7 inherent-conflict view and a Rule 4.3 permissible-drafting view. Until the question is resolved, the opinion lists seven protective…
If a magistrate runs for judge and uses the title 'magistrate' in campaign materials, what must the materials say?
The opinion concluded that a magistrate running for judge who uses the title 'magistrate' in campaign materials must identify the court and division served; on signs or billboards, wording like…
Can a magistrate serve on a board of education or county commissioners, or as a condominium association trustee?
The opinion concluded that under Canon 7(B)(4) a full- or part-time magistrate may not serve on, or run for, a board of education or a board of county commissioners (prospectively), but may serve…
Can a lawyer sell or assign a settlement legal fee to a funding company for immediate cash at a discount?
The opinion concluded that it is improper for an attorney, upon reaching a settlement, to sell or assign the legal fee to a funding company for immediate cash at a discount, because it is an…
Can a public defender's office set up a screened 'conflicts unit' to handle cases the office is conflicted out of, instead of sending them to outside counsel?
The opinion holds that under revised ER 1.10 a separate screened conflicts unit may not be used to take cases involving the office's former clients; screening does not cure the imputed conflict. Two…
Could an appellate judge serve on Arkansas’s Sex Offenders Assessment Committee?
The Committee said the judge should not serve because the committee was too close to the law-enforcement and prosecutorial side of the system, and its work might be challenged in court.
May a judge retain Freemason membership when women cannot join as full members?
The committee said the judge's membership may violate the Code unless the organization's practices were materially different from those examined in the cited Rotary case. Given limited information,…
When a deceased client's spouse, who is executor of the estate, asks for the late client's files, may the former lawyer hand them over under the confidentiality rules?
The opinion concludes that a deceased client's former lawyer may give the files to the spouse/executor if the information is not a confidence or secret, or, if it is, if the lawyer has reasonable…
Could a judge perform with a paid band at a prosecutor candidate’s fundraiser?
West Virginia JIC Opinion 2004-19 advised the judge against performing because the appearance could be construed as a public endorsement and would involve the judge in fundraising.
Could a judge let a volunteer organization sell sponsorships at a golf outing the judge organized?
West Virginia JIC Opinion 2004-17 approved the existing cost-covering golf outing but rejected the proposed sponsorship plan as at least indirect fundraising or use of judicial office for that purpose.
Can a former prosecutor defend a criminal defendant on the same charges the prosecutor personally handled while in the DA's office?
No. A lawyer who participated personally and substantially in prosecuting a defendant on certain charges may not later defend the same person on those charges. The conflict under DR 9-101(B)(1) is…
Can a county set up a separate 'conflicts' public defender office to represent codefendants the main public defender cannot?
The opinion concluded that a county may ethically establish a separate public defender office to represent defendants adverse to the original office's clients, provided the two offices are…
How long must a judge recuse from cases involving an attorney representing the judge in separate litigation?
The disqualification continues throughout the representation, including inactive periods. It ordinarily ends when the matter or representation ends, subject to unusual circumstances that still…
Could a judge personally solicit charitable pledges from out-of-state nonlawyer Kiwanis members?
No. The Committee said the Canon’s ban on a judge’s direct individual fundraising applied even when the prospective donors were out-of-state nonlawyers.
A lawyer is holding a former client's original will for safekeeping and the apparently incapacitated client asks for it back. Can the lawyer investigate the client's capacity before returning it?
Yes. The lawyer may communicate with the former client and others to determine whether the client is in fact incapacitated or under undue influence, and may seek judicial guidance if doubt remains.…
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.