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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When out-of-state co-counsel runs ads that may refer cases to a South Carolina firm, must the South Carolina firm be named in the ads?
Yes. If the ads may result in a referral to the South Carolina firm, the firm should be identified. An ad omitting its involvement can be materially misleading under Rule 7.1, and Rule 7.2(e) and…
Can a lawyer represent two divorce clients at once and use evidence learned from one client in the other's case?
Yes. The lawyer is not barred from representing both clients merely because crucial evidence came from one of them, as long as neither client objects to using the information, so there is no Rule…
Can a lawyer prepare estate documents for donors referred by a nonprofit and be paid by the nonprofit a percentage of the donors' gifts?
The donor is the lawyer's client. The lawyer can take the work and be paid by the nonprofit only if the fee is not a percentage of the gift, is reasonable under Rule 1.5(a), and the lawyer discloses…
May a Vermont seller's lawyer provide limited title-insurance representation to an unrepresented buyer?
The opinion says no: advising both seller and buyer about the same property's title presents a conflict the lawyer cannot reasonably undertake under Rule 1.7. It distinguishes issuing a policy…
May a South Carolina lawyer report a lender client's intention to keep conducting illegal 'witness only' real estate closings, and is the lawyer required to?
The lawyer may disclose the lender's intention to conduct closings in violation of South Carolina law to the appropriate authorities under Rule 1.6(b)(1), but is not required to. Disclosure is…
Could a lawyer send a medical-records cover letter requesting more than the enclosed authorization allowed?
Opinion 2004-2 said a cover letter falsely stating that a limited authorization allowed all listed records misrepresented its scope under Rule 4.1, even when the authorization was attached. The…
Can a South Carolina lawyer who represents the lender close a real estate transaction using documents prepared by another South Carolina attorney?
Yes. The Rules of Professional Conduct do not prohibit it, but the opinion cautions the lawyer to watch for Rule 1.7 conflicts where the lawyer has a business relationship with the lender, and to…
May an Arizona lawyer withhold a client’s entire file as security for unpaid fees?
Opinion 04-01 rejects a blanket retaining lien on the whole file. The lawyer bears the burden to identify particular documents, establish a lien under Arizona law, and show withholding will not…
When did Vermont Rule 8.3 require a lawyer to report another lawyer's misconduct?
Opinion 2004-01 said a lawyer with knowledge of a rule violation raising a substantial question about another lawyer's honesty, trustworthiness, or fitness had to report it. The committee declined…
Can one firm represent a creditor pursuing a debtor's property and also a buyer trying to purchase that same property?
No. The opinion concludes a firm cannot represent both a judgment-creditor client trying to reach a debtor's property and a buyer trying to acquire that property; their interests are directly…
Is a lawyer responsible for a sign-language interpreter's conduct, and do client communications stay confidential when an interpreter is present?
Yes to both. The opinion concludes a lawyer's Rule 5.3 duties over nonlawyer assistants extend to interpreters retained to communicate with a hearing-impaired client, and that communications made in…
Can a firm pay a former partner who became a prosecutor a share of a contingent fee earned after he left the firm?
Yes. The opinion concludes a firm may pay a former partner who became a State's Attorney a share of a contingent fee earned after he withdrew, if paid under a separation agreement governed by Rule…
Can a lawyer list a non-legal professional certification, like a Certified Trust Financial Advisor designation, on a business card?
Yes. The opinion concludes a lawyer may list a non-legal accreditation such as CTFA on a business card, because it is not a subspecialty of law within Rule 7.4 and, given the credential's bona fide…
Must a lawyer file suit for a missing, unreachable client to beat the statute of limitations before closing the file?
Generally no. The opinion concludes a firm has no duty to file suit for a missing client it cannot reach, unless the client gave specific authorization to file before disappearing and the firm has…
Can an Illinois lawyer list a Supreme Court Capital Litigation Trial Bar certification on letterhead without the no-specialty disclaimer?
Yes. The opinion concludes that Supreme Court Rule 714, which has the Court itself certify Capital Litigation Trial Bar members, is the more recent and controlling rule, so a lawyer may list that…
Can a law firm keep a departed, retired, or of-counsel lawyer's name in the firm name, or name non-shareholders in a PC?
A firm name may not imply a partnership or shareholder status that does not exist, and a partner who leaves to join another firm must be dropped; a retired or of-counsel lawyer's name may stay if…
May a New Hampshire judge consult directly with an out-of-state judge about a case transfer?
The Committee concluded that Canon 3(B)(7)(b) permits consultation with a judge in another jurisdiction when it aids the New Hampshire judge's adjudicative work, including transfer of cases between states.
Can a Virginia lawyer represent clients competently using only email, fax, and telephone, without ever meeting them face-to-face?
The opinion concludes there is no per se requirement that a lawyer meet a client in person; competence (Rule 1.1) and communication (Rule 1.4) turn on the content of what is reviewed and conveyed,…
Can a lawyer contract with an unrepresented expert witness to keep work-product confidential and to alert the lawyer before responding to a subpoena for it?
The opinion concludes that a lawyer who properly discloses work product to a retained expert may, under Rule 5.3, take reasonable measures to ensure the expert protects that confidentiality,…
When a note sets attorney's fees at a percentage of the debt, can the lawyer pay the client lender the part of the collected fee that exceeds the lawyer's actual hourly charges?
The opinion concludes that returning the excess of a contractual percentage attorney's-fee award over the lawyer's actual fee to the client lender does not violate Rule 5.4(a)'s bar on sharing legal…
May a judge serve on a statutory Juvenile Justice Fund Committee?
Yes. The Commission permitted service because the facts did not suggest the judge had a connection with any entity that might receive money from the fund.
Is a mayor-appointed municipal judge disqualified from hearing an assault charge against a city employee?
No, on the stated facts, so long as the judge feels able to act impartially. The Commission found no reasonable question about impartiality merely from the appointment and the defendant’s city employment.
May a judicial council host legislators for dinner to discuss legislative issues concerning the courts?
The Committee concluded that the described dinner to introduce council leadership and discuss judicial-system issues with legislators was permitted under Canon 4.
May a California lawyer serve as a partner of one law firm and simultaneously as a partner or employee of a second firm and share in the fees generated by both without the disclosure and written-consent process required by former Rule 2-200?
Per the opinion, only if a true common-law partnership or employer-employee relationship exists between the lawyer and the second firm. Following Chambers v. Kay (2002), a joint venture or…
May a California estate-planning lawyer be a salaried employee of a financial-planning company that bills its customers a percentage of their estate covering both the legal work and the company's financial advice?
No. The opinion concludes that the arrangement violates former Rule 1-320 because a portion of the customer's bundled fee is a legal fee shared with non-lawyers, and may also violate Rules 1-310…
When must a judge report a lawyer after a court reporter alleges misconduct?
Nebraska Ethics Opinion 03-4 distinguishes information calling for appropriate action from actual knowledge of a serious lawyer violation, which must be reported; the judge must assess the…
Can a common pleas judge serve on the judicial corrections board of a community-based correctional facility?
The opinion concluded that under Canon 4(C)(2), Canon 2(B), and Canon 2(A) of the Ohio Code of Judicial Conduct, common pleas court judges should not serve on judicial corrections boards for…
Can a magistrate running for judge use a robe photo and the title 'magistrate' in campaign materials, and how may campaign funds be used at political events?
The opinion concluded that a magistrate who is a judicial candidate may appear in a robe in campaign photos if accurately labeled, may use the title 'magistrate' as a listed contributor in a party…
Can a lawyer who represents criminal defendants also serve as a special prosecutor in the same court?
The opinion concluded that a judge may appoint an attorney as a special prosecutor in the same county and even the same court where the attorney represents criminal defendants, if the appointment is…
Can a judge be paid to referee youth soccer games, and does the judge have to report the fees?
The opinion concluded that it is proper for a judge to referee soccer games for a non-profit soccer organization and receive compensation, and that the judge must report referee fees as income on…
May a part-time municipal judge donate legal services to a charity?
Yes. The Commission held that the Canons did not prohibit a part-time municipal judge from donating legal services to a charitable organization.
Could a Maine Superior Court justice serve on the Lincoln and Sagadahoc MultiCounty Jail Authority board?
No. The committee concluded that Maine Constitution Article VI, Section 5 barred the justice from accepting the proposed board appointment.
May a Nebraska judge help organize a charitable gala ball without soliciting funds?
Nebraska Judicial Ethics Opinion 03-5 permits behind-the-scenes organizing with no solicitation, publicity, speech or special recognition tied to the fundraiser.
Does answering legal questions live on a radio call-in show create an attorney-client relationship with the caller?
Per California Formal Opinion 2003-164, the call-in radio show context, with screening, on-air confidentiality disclaimers, generalized answers, and referrals to local counsel, does not provide a…
When outside corporate counsel also represents an officer personally on unrelated matters, what does she do if she learns the officer may have harmed the corporation?
Per California Formal Opinion 2003-163, when outside counsel represents both the corporation and an officer-constituent (on unrelated matters) and learns information that creates a conflict, the…
Must a judge recuse because the defendant once worked with the judge’s brother?
No, on the stated facts. The Commission found that the past acquaintance and occasional later contact did not reasonably call the judge’s impartiality into question.
May a bar foundation fund court staff salaries through reimbursement to the courts?
Yes, on the stated facts. The Commission permitted the proposal because the funds came from a charitable foundation with varied donors, and judges and judicial employees would not know whether any…
Does county funding of court staff disqualify judges from cases that could cost the county money?
No, absent actual bias or prejudice. The Commission held that county funding of salaries for court employees did not by itself disqualify judges from cases that could impose serious financial loss…
In a civil dispute, can a lawyer threaten or file criminal charges, or threaten or file administrative or disciplinary charges, against the opposing party to gain leverage?
DR 7-105(A) bars threatening or presenting criminal charges solely to gain an advantage in a civil matter, so a threat to file criminal charges unless funds are returned violates the rule. It does…
If a law firm's website uses client testimonials or reports of past results, must it post a disclaimer that past results don't guarantee future outcomes?
Not automatically. Testimonials and past results are permitted unless they create unjustified expectations or are false, deceptive, or misleading. No disclaimer is required per se; where they are…
Can a county attorney sue the Board of Zoning Appeals on behalf of the Board of Supervisors when the same attorney has advised the BZA on the very variance at issue?
The opinion concludes the county attorney has a conflict either way: if the BZA is a former client, Rule 1.9 bars suing it on a substantially related matter (the variance and the public notice for…
Can a lawyer take a case against a former client when the two matters share the same property but different work?
It depends on whether the matters are 'substantially related' under Rule 1.9(a), which Massachusetts has not settled between an 'essentially the same issues' test and a 'same factual context' test.…
Can a prosecutor agree to a plea bargain that requires the defendant to donate money to STOP-DWI or a charity, and can the donation be kept from the sentencing judge?
If probable cause supports the charge and the terms are legal, a prosecutor may require a donation to STOP-DWI (unless the DA is also its coordinator) or to a charity (absent a disqualifying…
May a part-time judge chair membership recruitment for a legal history society?
The Committee permitted the membership chair role, but restricted personal solicitation that could seem coercive, reach likely court participants, or function as fundraising. It also limited use of…
Could a judge publicly answer criticism of a university president on behalf of an alumni association?
West Virginia JIC Opinion 2003-12 warned that a response by the judge as an alumni association officer could appear to use judicial prestige for others’ private interests and suggested another…
Can a lawyer advance a client's court-imposed fines and costs at sentencing and seek reimbursement from the client?
The opinion concluded that a lawyer is not barred from advancing court-imposed fines and costs for a client, provided the client remains responsible for reimbursing the lawyer; the litigation is…
Could an Illinois judge’s spouse circulate a nonjudicial candidate’s petition, and could the judge sign it?
Yes. The Committee permitted the spouse’s independent circulation and held that the judge’s signature on the nominating petition was not a public endorsement under the former Code.
Could a Maine probate judge report a personal representative’s apparent diversion of estate assets and remain on the case?
Yes. The committee said Canon 2(A) supported reporting when a crime was substantially likely, and reporting alone did not require recusal.
Can a personal injury lawyer also represent the client in a deal with a litigation funding company that advances cash for a share of the recovery, and charge a separate fee for that work?
If the financing transaction is legal, the lawyer may represent the client in it and may charge a separate, non-excessive fee, subject to caveats: no ownership of or compensation from the funder, a…
In Kentucky, may a lawyer use a subpoena duces tecum to obtain documents from a non-party and then withhold them from the other parties, by canceling a deposition or by inviting certification in lieu of trial attendance?
No. The opinion concluded that using the subpoena power to secretly obtain non-party documents, and failing to share them with the other parties as the civil rules require, violates KRPC 3.4, 4.1,…
Does 'representation' under North Carolina Rule 1.18(d) include an initial consultation with a new client, and what notice must a firm give when screening a lawyer?
The opinion concludes that 'representation' of the new, adverse client under Rule 1.18(d) includes an initial consultation aimed at forming an attorney-client relationship. A firm can avoid…
Can a lawyer advertise membership in a group like the Million Dollar Advocates Forum that is named for a verdict threshold?
Yes, if it is not misleading under Rule 7.1. The opinion concludes a lawyer may advertise membership in an organization with a self-laudatory name only when the group has strict, verifiable…
What can a lawyer do when opposing counsel appears to have a mental health or substance problem affecting the case, and when must it be reported?
The opinion concludes a lawyer may not contact the represented opposing party about it, need not press every advantage, may report observations to the Lawyer Assistance Program, and must report to…
Could an Illinois judge hear an unrelated case involving a lawyer representing all state judges in a salary class action?
Yes under the rule of necessity. The Committee assumed, without deciding, that the relationship required recusal, but held that the statewide scope allowed the judge to sit; it advised disclosure…
May a local bar association pay a judge's research assistant after a budget cut?
No. The Commission concluded that local bar payment of the assistant's salary, directly or through the Administrative Office of Courts, would raise reasonable questions about impartiality in cases…
Can a judge hear a class action after the judge's estate and relatives are excluded from the class?
Only if neither the estate nor the judge's cousins retain an interest that may be substantially affected by the case. The Commission held that exclusion from the class alone does not remove…
May a district judge ask the county commission to create a merit position for a sheriff's chaplain?
No. The Commission held that the judge could neither sign nor present the proposed request to the county commission.
Can a lawyer threaten criminal charges against an opposing party or witness to gain advantage in a civil matter?
It is not per se unethical, if the criminal and civil matters are related, the lawyer reasonably believes the charges are warranted by the law and facts, and the threat is not extortion or abusive…
Should a juvenile judge recuse when the judge’s spouse is a school board officer and the school district disputes supervision?
The Nebraska Ethics Committee in Opinion 03-3 called for recusal because the spouse’s school board role created more than a de minimis interest and an appearance of impropriety.
Can a government lawyer attend and advise at a meeting with a represented contractor's non-lawyer staff, and when does the lawyer 'know' a party is represented?
The opinion concludes a government lawyer may silently attend such a meeting and advise the lawyer's own client if reasonable advance notice is given to opposing counsel and the lawyer does not…
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.