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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If I worked as a lawyer for a city, can the city's ethics code bar me from representing others before the city for two years, even on unrelated matters?
Yes. The Committee concludes the Disciplinary Rules do not prohibit enforcing a city ethics code's two-year bar on a former city lawyer representing others before the city: Rule 1.10 has no…
Can a Texas lawyer with a Juris Doctor degree use the title 'Dr.' or 'J.D.' in social settings, on letterhead, and in advertising?
Yes, unless misleading. The Committee concludes the rules do not bar a lawyer with a J.D. or Doctor of Jurisprudence degree from using 'Dr.,' 'Doctor,' or 'J.D.' in social and professional…
Can a lawyer pay himself unpaid fees out of a former client's funds in his trust account when those funds came from an unrelated matter and the client cannot be found?
The opinion holds that the lawyer cannot, without the former client's consent, disburse fees to himself from the former client's share of funds unrelated to the representation. If the lawyer cannot…
Could a speaker’s honorarium be donated to a judge’s former law school in the judge’s name?
West Virginia JIC Opinion 2004-16 found no prohibition in former Canon 4D(5) and allowed the speaker’s honorarium to be donated to the judge’s former law school in the judge’s name on the described facts.
May a judge chair a county children’s policy council when its executive director is married to a prosecutor appearing at the judge’s preliminary hearings?
Yes. The Commission found no conflict in continued council service, while saying the judge should avoid discussing with the director cases involving her prosecutor spouse.
Can a contingent-fee lawyer agree to pay the attorney-fee award entered against the client if an appeal of a defense verdict fails?
Yes. The opinion concludes that an adverse attorney-fee award is an 'expense of litigation' under Alaska RPC 1.8(e), so the lawyer may agree to pay it with repayment contingent on the outcome of the…
Can one North Carolina lawyer represent both a lender and the trustee on a deed of trust when a borrower sues to enjoin the foreclosure?
Yes, if impartiality can be maintained. The opinion concludes that a lawyer may jointly represent a lender and the deed-of-trust trustee in litigation over a foreclosure, provided the lawyer can…
Can a lawyer offer free promotional merchandise to accident victims who call in response to a targeted direct mail letter?
The opinion concludes no. Promising promotional merchandise as an inducement to call is an improper solicitation, because a recipient may call only for the item and the lawyer could then solicit…
Can a North Carolina lawyer join a commercial online service that matches prospective clients with lawyers and lets lawyers send offer messages?
The opinion concludes a lawyer may participate, even though the for-profit service does not meet every condition for a lawyer referral service, because the client chooses the lawyer rather than…
When a lawyer takes a client to a new firm and a fee is later awarded, what does the lawyer owe the former firm, and how must the disputed fee be handled?
The opinion concludes the departed lawyer must honestly notify the former firm of the awarded fee, deposit the mixed fee check intact in trust, may pay herself any undisputed share while keeping the…
How may judges work with attorneys on model stream-adjudication procedures while avoiding ex parte communications in pending cases?
The committee said separate judicial drafting and attorney or academic review could prevent improper communications, with notice and hearing before any model order changed a pending case. It advised…
Could a judge receive compensation for a one-day evidence seminar and part-time university teaching?
West Virginia JIC Opinion 2004-15 allowed both described part-time teaching activities under former Canon 4.
Can a lawyer keep representing a client when opposing counsel announces it will call the lawyer as a witness, and the lawyer's own conduct may be at issue?
There is no automatic disqualification. The lawyer must decide whether she is a 'necessary witness' under Rule 3.7 and, if so and withdrawal would not cause the client substantial hardship, withdraw…
Must a judge recuse from a case involving a party who opposed the judge in an election more than twelve years earlier?
No on the stated facts. The Commission distinguished a remote former opponent from a current election opponent and found no reasonable question about impartiality here.
Must or may a judge report suspected criminal conduct by a nonlawyer revealed in unrelated civil litigation?
The Committee says there is no general Code duty to report a nonlawyer’s suspected crime, but the judge may report it in appropriate circumstances and may use judicial stationery.
What must a lawyer do with personal injury settlement funds when a medical provider or other third party claims part of them?
There is no bright-line rule. The lawyer cannot help a client unlawfully avoid statutory liens or court orders, must honor agreements the lawyer is party to, and where the lawyer owes a legal duty…
Can a Maine lawyer destroy paper files after scanning them to CD, and run a file-storage business that uses nonlawyer staff?
Yes, with conditions. The opinion concludes paper files may be destroyed once scanned in a format that preserves client access (per Opinion #183) and intrinsic-value originals are kept, and a lawyer…
Can one Virginia defense lawyer represent two criminal defendants in separate cases when one client's defense points at the other?
The opinion concludes the lawyer had an impermissible conflict of interest under Rule 1.7(b): once he realized one client (Defendant #2) was the very person his other client (Defendant #1) feared…
Can a Maine lawyer accept a referral fee from an investment advisor for sending clients to the advisor?
No. The opinion concludes the arrangement is per se unethical: it is inherently unfair to the client under the rule against a lawyer's acquiring a pecuniary interest adverse to the client, and the…
May a lawyer who represents local police officers serve as a part-time alternate municipal judge where those officers appear?
The committee said the applicant could not continue the described police-client representation while serving as a part-time municipal judge. The relationships would create at least an appearance of…
If someone contacts a New Jersey law firm seeking representation against a company the firm already represents, must the firm tell its corporate client, and can the firm keep representing the company?
No, the firm must not disclose the contact. The would-be client's identity, the fact of the contact, and any information received are confidential under RPC 1.18 (effective January 1, 2004) and,…
Do government lawyers (for example, intelligence-agency attorneys) violate Rule 8.4(c) when they make misrepresentations that their lawful official duties require?
The opinion concludes that lawyers employed by government agencies who act in a non-representational official capacity, in a manner they reasonably believe is authorized by law, do not violate Rule…
Could a magistrate candidate share campaign equipment expenses with a nonjudicial candidate?
West Virginia JIC Opinion 2004-13 advised against sharing campaign equipment because it could appear to support the other candidate and public expense reports could disclose that support.
Can an employer's lawyer file an answer or take other action for a former employee co-defendant who has vanished and cannot be contacted?
Yes, narrowly. Even though the lawyer cannot communicate with the missing former employee as Rule 1.4 contemplates, the lawyer may undertake a brief transitional representation, such as filing an…
A law firm hires a paralegal or secretary who used to work at another firm, maybe one it now opposes. What must the firm do to supervise that nonlawyer and check for conflicts?
The firm must adequately supervise the nonlawyer so confidences from the former firm are not disclosed or exploited. A formal conflict check is not always required, but is advisable where the…
Could a probation officer spend substantial time campaigning outside the officer’s circuit?
The West Virginia JIC letter indexed as Opinion 2004-12 said substantial out-of-circuit campaign activity would be a problem because the probation officer was effectively on call and responsible for…
May a judge chair a community corrections authority that operates a work release center used in sentencing?
Yes. The Commission found the judge’s interest in keeping the center available was shared with the public, and board service related to improving the administration of justice.
Could a judge’s assistant fundraise for the judge or campaign for the assistant’s spouse?
West Virginia JIC Opinion 2004-11 barred the assistant from fundraising for the judge but permitted certain campaign activity for the assistant’s spouse after work and outside court areas.
Must a judge’s assistant resign to run for a nonpartisan school-board seat?
West Virginia JIC Opinion 2004-08 said the assistant must resign if she ran for the nonjudicial school-board office, applying Philyaw v. Gatson to the former Canon 5 resign-to-run rule.
May a judge lead a fundraising charity and appear on its letterhead without a judicial title?
Yes on the stated arrangements. The Commission permitted service as president and name listing without judicial title, while restricting fundraising use of office prestige and investment advice.
Must a circuit judge recuse from a suit against a city after earlier substitute judging and unrelated civic work for that city?
No on the submitted facts. The Commission found neither possible earlier related judicial work nor the two unrelated civic assignments created a reasonable question about impartiality.
My law partner is married to the municipality's deputy police chief, who also handles some prosecutions. Our firm won't touch cases where the spouse investigated, and I take other police-department criminal cases after disclosing the relationship. Does this policy comply with the conflicts rules?
Mostly, but the firm's policy needs one addition. The panel held the policy complies with Rule 1.7(b) once the inquiring attorney and the law partner also satisfy Rule 1.7(b)'s waiver conditions,…
I serve as guardian for one individual. That person's mother, who has objected to some of my spending decisions in the past, now needs her own guardian, and her daughter wants me to represent her as guardian for her mother, or serve as guardian myself if the daughter can't. Is that a conflict?
No conflict of interest. The panel held the lawyer's responsibilities as guardian for the individual do not materially limit representing the individual's sister as guardian for their mother, or…
I prepared a will years ago for an elderly client whose mental health has since declined, with suspected Alzheimer's. One of the client's adult children wants me to represent them in a guardianship petition over my own client. Is that a conflict, and if not, who do I end up representing?
Not a conflict. The panel held Rule 1.14 permits the lawyer to represent the petitioner seeking guardianship over the lawyer's own client if the lawyer reasonably believes guardianship is in the…
Could a judge serve as honorary chair for a children’s memorial committee and appear on its letterhead?
West Virginia JIC Opinion 2004-06 advised against the honorary-chair role and letterhead listing because associated organizations appeared to advocate on issues and litigate regularly.
Could a private foundation fund indigent drug court services and use the drug court’s name?
The Committee found no Code bar to the proposed foundation name or payments for indigent participants under the stated plan, and agreed the judge should recuse from foundation litigation.
Can an Arizona lawyer pay another lawyer a referral fee for sending a client, and when can lawyers in different firms split a fee?
The opinion holds that Arizona does not allow a pure referral or finder's fee for merely referring a case when the referring lawyer stays uninvolved. Lawyers in different firms may divide a fee only…
Could a mental hygiene commissioner represent a petitioner in a guardianship matter in a county where the commissioner served?
A majority of the West Virginia JIC in Opinion 2004-05 advised the commissioner against acting as counsel in the described Hancock County matter under former Canon 6C(2), citing at least an apparent…
May a California lawyer agree to a settlement provision that bars the lawyer from disclosing the fact and amount of the settlement to the lawyer's other current or future clients?
Yes. The opinion concludes that a confidentiality clause limited to the fact and amount of the settlement does not violate former Rule 1-500(A) because it restricts disclosure of settlement terms,…
Must a lawyer give a client a medical report from the file when the doctor or an insurer who controls the report tells the lawyer not to release it?
The opinion concludes that a medical report obtained for the representation is part of the client's file under Rule 1.16(e), so on termination the lawyer must provide it; a non-client carrier or…
Could a magistrate candidate keep serving as treasurer of a county party executive committee?
West Virginia JIC Opinion 2004-04 said the candidate had to resign from the county Republican Executive Committee treasurer position under former Canon 5A(1).
Can a settlement agreement, or a firm's employment agreement, bar lawyers from ever suing a particular company again, and is that restriction enforceable under the ethics rules?
The opinion concludes that whether a settlement-based restriction is a 'broad' restriction barred by former DR 2-106(B) (now Rule 5.6(b)) is a fact-intensive question the committee will not resolve,…
Can a D.C. law firm pay a nonlawyer employee a percentage of the profits from a specific set of cases, or does Rule 5.4 bar that fee-sharing?
The opinion concludes that a firm may not pay a nonlawyer employee a percentage of the profits from a designated set of cases, because tying compensation to fees from a specific case or category of…
Can an Ohio lawyer send unsolicited email advertising legal services, and what rules apply?
The opinion concluded that attorneys are discouraged from, but not barred from, sending unsolicited email advertising legal services, which is treated as targeted direct mail subject to DR…
Could a judge explain court procedures in a child-support enforcement training video?
West Virginia JIC Opinion 2004-03 allowed the judge to participate in the described training video under former Canon 4.
Could a circuit judge join a team advising on sex-offender management funding?
West Virginia JIC Opinion 2004-02 allowed the judge to serve on the described multidisciplinary team under former Canon 4.
Can a lawyer employed by a federal intelligence agency use alias identities and non-consensual recording in authorized covert work without violating Rule 8.4(c)?
The opinion concludes yes. Extending the law-enforcement exception of LEO 1738 to authorized intelligence and covert activity, the committee holds that lawful undercover methods such as alias…
Could New Hampshire's Chief Justice attend a retirement dinner honoring a judge assigned to a case involving him?
The Committee concluded that Chief Justice Broderick could not attend Judge Murphy's testimonial while Murphy was assigned to litigation involving Broderick, because attendance could create an…
May a minister identify a judge’s office when introducing the judge’s report at a church service followed by an offering to the judge’s organization?
Yes in the described setting. The Commission found the report’s primary purpose was not fundraising and the minister’s identification was permissible, while cautioning against the judge personally…
Must a judge recuse because he represented a defendant’s former spouse in a divorce thirty years ago and imposed a maximum sentence in another case?
No on the submitted facts. The old divorce was unrelated to the current charges, and the earlier sentence alone did not create a reasonable question about impartiality.
Should a judge recuse from a case requiring assessment of the conduct and testimony of lawyers who regularly appear before him?
Yes on the stated facts. The Commission found the combined circumstances reasonably called impartiality into question, even if the judge felt he had no personal bias.
Can a lawyer mark up the rate of a contract attorney billed to the client without telling the client?
The opinion concluded that because a contract attorney is not an employee of the firm, the engaging lawyer must disclose, preferably in writing, that a contract attorney will work on the case as an…
Can a Maine lawyer keep only electronic copies of client correspondence and dispose of the paper?
The opinion gives a qualified no to whether paper copies are required: electronic-only retention is allowed if the lawyer can provide meaningful access to the records in the future.
May a Nebraska judge attend domestic violence training funded by a local project or the Justice Department?
Nebraska Judicial Ethics Opinion 04-1 allows attendance at the described conference if it is not primarily prosecutorial, but rejects tuition and expenses funded by the local domestic violence…
Could a magistrate teach a part-time college class on police organization and management?
West Virginia JIC Opinion 2004-01 allowed the described teaching under former Canon 4, while requiring permission from the Administrative Office under the Court’s personnel policy.
May a municipal judge serve on a family support center board when the court refers clients there?
Yes, under the stated facts: referrals did not affect center funding, and the judge would not supervise referred clients or staff. The judge could contribute money and suggest funding sources, but…
A lawyer sits on a municipal board and is 'of counsel' to a law firm. Can the lawyer or the firm appear before that board on behalf of private clients?
The lawyer-member may not appear before the board. Because an 'of counsel' lawyer is 'associated' with the firm, the firm's appearance is restricted too: any DR 5-101 conflict imputes to the firm…
What should a lawyer do when a discharge letter may have been coerced by a controlling family member?
A discharged lawyer normally must turn over the file, but where circumstances suggest the client lacked capacity to make a considered decision the lawyer should confirm the client's real wishes. If…
In a North Carolina settlement, can a lawyer agree not to represent other employees with similar claims, and can the lawyer later take those claims after a confidential settlement?
The opinion concludes that Rule 5.6(b) bars a lawyer from agreeing to a settlement term that restricts representing other claimants, but a confidentiality-only term is permitted. The lawyer may…
When an adult child asks a lawyer to draft a power of attorney for an elderly parent, who is the lawyer's client and what must the lawyer do?
The opinion concludes the parent (the principal) is the client because the engagement is for the parent's benefit, not the child requesting and paying for the work. The lawyer must consult the…
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.