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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Can a lawyer give a deceased client's will, trust, or estate-planning work product to the heirs or beneficiaries when the trustee or executor will not?
Yes, within limits. The opinion concludes a lawyer may provide a deceased client's estate planning documents, and related work product, to beneficiaries or heirs when the trustee or executor has…
Can a Tennessee lawyer accept credit cards or payment apps like Venmo and PayPal for legal fees, including unearned retainers?
Yes. Tennessee Formal Ethics Opinion 2023-F-170 permits lawyers to accept credit cards and payment-processing services for fees, including unearned fees, if they protect client confidentiality,…
When a Tennessee lawyer leaves a law firm, who must notify the clients, and what choices does the client have?
Tennessee Formal Ethics Opinion 2023-F-169 holds that both the departing lawyer and the firm must notify affected clients under RPC 1.4 of the lawyer's departure and the client's options (stay with…
May a legislator seeking reelection serve on a judicial candidate's committee or host a fundraiser?
West Virginia JIC Opinion 2023-16 says the legislative candidate may neither join the judicial candidate's committee nor host a fundraiser because those roles could appear to endorse the legislator.
Where is the ethical line between legitimately preparing a witness to testify and improperly coaching the witness, including over video?
Preparing a witness is proper and often ethically required, but it becomes misconduct when the lawyer counsels or assists false testimony or obstructs evidence. The same limits apply to remote…
Can a law firm require a departing lawyer to pay a percentage of fees on transferred cases to repay the firm's advertising costs?
No. The Board concludes that requiring a departing lawyer to pay the firm 25% of fee recoveries on transferred cases, on top of quantum meruit, is an impermissible restriction on the right to…
Can a lawyer who was fired by a client keep contacting that client to win the matter back after the client hired a new lawyer?
With rare exception, no. Once the discharged lawyer knows the former client has retained new counsel in the matter, contacting the client to resume the representation is barred by the no-contact…
Must a judge recuse when the judge's father earlier acted as prosecutor in the case, and may the parties remit it?
Alabama JIC Opinion 23-957 disqualifies the judge from cases in which the father previously participated as an assistant district attorney, even if he no longer appears. The family-relationship…
May a full-time Alabama municipal judge also hold a notary public commission?
Alabama JIC Opinion 23-956 permits the municipal judge to serve as a notary under the Canons, provided the judge does not exploit judicial office. It leaves constitutional and statutory…
Can a lawyer keep representing a current criminal client who will testify before a grand jury against the lawyer's former client?
Only if the former client gives informed written consent and the disclosure needed to get it would not prejudice the current client. Because withdrawal would avoid the need for consent, the opinion…
In Minnesota, does the no-contact rule (Rule 4.2) apply to a lawyer who is representing themselves and wants to contact a represented opposing party?
The Board adopts the dissent in ABA Formal Opinion 502: because Rule 4.2 begins 'In representing a client,' and a self-represented lawyer is not representing a client, the Board declines to extend…
May a Missouri lawyer use an online payment program that holds advance fees or expenses outside the client trust account?
Generally no. Client or third-party funds must go directly into an approved trust account, except an advance flat fee of no more than $2,000 under Rule 4-1.15(c); any provider must also preserve…
May a Missouri estate-planning lawyer draft a revocable trust naming the lawyer as compensated successor trustee?
Yes, if the lawyer satisfies Rule 4-1.8(a): fair and reasonable written terms, written advice and opportunity to consult independent counsel, and the client's signed informed consent to the…
What must a retiring Missouri lawyer do before and after closing a client trust account?
The lawyer must reconcile the account, account for and properly distribute every fund, and close it only when nothing remains undistributed. Trust records, including the final reconciliation, must…
May a Missouri lawyer give disciplinary investigators trust-account evidence containing information about clients who did not complain?
Yes, to the extent reasonably necessary to respond to the investigation. Rule 4-1.6(b)(3) permits the disclosure even when another client's representation was not the complaint's subject, and Rule…
When must a Missouri lawyer report the lawyer's own criminal case or discipline imposed in another jurisdiction?
Rule 4-8.3 does not generally require self-reporting, but Rules 5.21 and 5.20 require notice within ten days of specified guilty pleas or findings and discipline imposed elsewhere. A felony DWI…
May a Colorado part-time county judge prosecute in a different judicial district and use internal judicial messages?
The Board allowed prosecutorial work in a different judicial district, but barred use in that role of nonpublic information acquired in the judge's judicial capacity.
Can a North Carolina settlement agreement include a confidentiality clause that bars the lawyer from using or disclosing publicly available information about the case, like court opinions and the parties' names?
No. Under Rule 5.6(b), a settlement clause restricting a lawyer's use or disclosure of publicly available case information is an impermissible restriction on the lawyer's right to practice; clauses…
My firm is the Town Solicitor and also counsel to a municipal agency. Is representing both a conflict of interest?
The panel concluded there is no concurrent conflict under Rule 1.7 on these facts, because the Agency and the Town do not have adverse interests. The Town Council merely took a position on a type of…
Is a lawyer who works as a confidential assistant to a government attorney, doing clerical and document-preparation work, bound by the Rules of Professional Conduct?
Yes. The opinion concludes that a lawyer employed to provide both legal and nonlegal support to a supervising lawyer's client is subject to the Rules, because the assistant's nonlegal work is part…
Can lawyers who are not in the same firm share office space, and what do they have to do to protect client confidences and avoid conflicts?
Yes. Office sharing is generally permitted if the lawyers protect client information, do not hold themselves out as one firm, supervise shared staff, and run conflict checks. They are not…
May a Vermont assistant judge serve temporarily as a part-time town administrator?
The Committee concluded that an assistant judge may take the interim town administrator appointment because the Code exempts continuing part-time judges from Rules 3.4 and 3.11(B). Other applicable…
Can a Wisconsin lawyer reveal client information to respond to a negative online review or social-media criticism?
No. The opinion concludes that a lawyer may not reveal information relating to the representation in response to online criticism without the affected client's informed consent, and that the…
When may a Vermont judge give a personal reference or recommendation, and use official letterhead?
Vermont Judicial Ethics Opinion 2728-24 permits references based on personal knowledge that do not misuse judicial prestige or create an appearance of impropriety. It rejects official letterhead for…
Can a Child Support Enforcement Agency staff attorney represent the state in a CSEA matter the same attorney decided as an administrative hearing officer?
Not without informed consent confirmed in writing from all parties, because the attorney participated personally and substantially as an adjudicative officer; other law may bar it even with consent.…
Must an Ohio judge recuse when a lawyer employed by, associated with, or in partnership with the judge's spouse appears before the judge?
Not automatically. Disqualification depends case-by-case on whether the judge's impartiality might reasonably be questioned and whether the spouse has more than a de minimis interest that could be…
What are an Ohio lawyer's duties when served with a subpoena duces tecum for a former client's entire file?
The lawyer must promptly notify the former client and seek informed consent before disclosing. If the client objects, or cannot be located, the lawyer must assert all reasonable claims to limit…
Is an Ohio mayor's court magistrate bound by the Code of Judicial Conduct, and can the magistrate run for partisan office or lead a political party?
No. The Board concludes that a mayor's court magistrate does not perform judicial functions 'within a court' as the Code's Application section uses that phrase, so the Code of Judicial Conduct does…
A board member filed an open-meetings complaint against the agency I represent. Can I defend the agency, given the complainant sits on its board?
Yes. The panel concluded the attorney may represent the Agency against the OMA complaint. Under Rule 1.13(a) the client is the organization, not its individual constituents, so the complaining Board…
Can a New York lawyer enter a collaboration agreement with an independent paralegal who refers clients to the lawyer and prepares forms, and how may the lawyer pay the paralegal?
Yes, subject to several rules. The opinion concludes a lawyer may enter a non-exclusive arrangement with an independent paralegal who refers clients and completes forms, but may not split legal fees…
What client-intake tasks can a lawyer delegate to a nonlawyer assistant, and which questions from a prospective client must the lawyer answer?
A lawyer may train and supervise a nonlawyer to gather intake information, run an initial conflict check, answer general questions about fees and process, and obtain a signature, as long as the…
May a newly elected West Virginia judge keep an office building and rent it to lawyers?
West Virginia JIC Opinion 2023-15 permits the described lawyer tenancy if the judge disqualifies from renters' cases, relying on existing ownership, a multi-judge circuit and enough other lawyers.
May a West Virginia judge and spouse join local partisan clubs that promote candidates?
West Virginia JIC Opinion 2023-14 says neither the judge nor spouse should join the described Republican clubs because their electoral purposes make them political organizations.
Can a county public defender's office hire the county's former district attorney, and how are conflicts handled?
Yes. The opinion concludes a former DA may work as an assistant public defender in the same county but may not personally handle a matter in which he was personally and substantially involved as DA…
Can a lawyer use a company he owns to buy a client's litigation claim and then have a law firm prosecute it?
The opinion concludes a lawyer may not buy the claims of his own firm's clients and then retain that firm to litigate them, because Rule 1.8(i) bars acquiring a proprietary interest in litigation…
May a Texas lawyer-defendant settle a malpractice case by assigning future contingent fees to a non-lawyer plaintiff, and does the plaintiff's lawyer violate the Rules by proposing such a settlement that is rejected?
Per the Committee, no on the first: the proposed assignment of future contingent fees to a non-lawyer is impermissible fee sharing under Rule 5.04(a) and the lawyer-defendant properly rejected it.…
May a Texas lawyer turn over a deceased client's closed litigation file to the executor of the decedent's estate when the file does not relate to the estate or its administration?
Per the Committee, the lawyer has discretion (but is not required) to reveal a deceased client's confidential information to the executor under Rule 1.05(c)(3) (representative-disclosure exception),…
Can a criminal defense lawyer represent a client in a case where her romantic partner, a deputy sheriff, was an investigating or supporting officer?
It depends on the facts. The opinion concludes the lawyer must assess under Rule 1.7(a)(2) whether the relationship creates a significant risk to her independent judgment; the conflict may be…
Can my firm place a lien on a client's property to secure unpaid attorney's fees?
Yes. The panel concluded a firm may place a lien on a client's property for the fees owed, but because acquiring a security interest adverse to a client is a business transaction, the firm must…
May a senior magistrate and his son serve in the same county, and which cases must the son avoid?
West Virginia JIC Opinion 2023-13 says father and son cannot serve concurrently as magistrates in the same county. The son cannot preside over cases he actively handled as sheriff or pending cases…
May a West Virginia judge establish and participate in a Teen Court when the judge's spouse contracts with the school board?
West Virginia JIC Opinion 2023-12 finds no conflict in the described Teen Court participation despite the spouse's business contract with the county school board.
Can a lawyer call a flat fee or retainer paid up front 'nonrefundable' or 'earned on receipt,' and keep it out of the trust account?
No. A fee paid in advance for future work must go into a client trust account and may be withdrawn only as earned; any unearned part must be refunded if the representation ends. Labeling it…
May a West Virginia senior status magistrate also work as courthouse security?
West Virginia JIC Opinion 2023-11 unanimously bars concurrent senior-magistrate and court-security service under the state constitution and judicial conduct rules.
May a part-time active retired Alabama judge mediate, arbitrate, or serve as a private judge in the same circuit?
Alabama JIC Opinion 23-955 permits mediation and arbitration under the Canons if they do not impair impartiality, judicial duties, or use of office. Private judging faces the same Canon 5C(1)…
Does a Missouri lawyer become a necessary witness by handwriting parts of a client's protection-order petition?
The lawyer may assist with the petition, and necessary-witness status is a legal and factual question for the court. Rule 4-3.7 requires attention to possible confusion, prejudice, testimony…
May a retired Missouri lawyer continue receiving fees earned before retirement, and may later payments go to heirs or a trust?
Yes, the lawyer may receive fees earned before retirement whether remaining active or becoming inactive. Rule 4-5.4(a)(1) permits an agreement for post-death payments to the lawyer's estate or…
Must a Missouri lawyer report alleged misconduct by another lawyer whom the reporting lawyer represents in a dispute about that conduct?
No. Rule 4-8.3 Comment [4] excludes a lawyer retained to represent the lawyer whose conduct is in question; the situation is governed by the ordinary rules of the client-lawyer relationship.
How does Missouri Rule 4-1.14 apply when a lawyer is appointed to represent the respondent in a guardianship proceeding?
The lawyer must follow the appointment order and governing law, maintain a normal relationship as far as possible, and let the client direct objectives to the extent the client can. Protective…
When a North Carolina lawyer sells or closes a law practice, who must be notified, what happens to old client files and original documents, and when can files be destroyed?
Under Rule 1.17, the seller must notify current clients and former clients whose files transfer, return or safeguard original documents of legal significance regardless of age, may destroy ordinary…
May a West Virginia mental hygiene commissioner also serve as an assistant prosecutor in another county?
West Virginia JIC Opinion 2023-10 unanimously bars concurrent mental hygiene commissioner and assistant prosecutor service in any counties under the judicial conduct rules.
Our of-counsel attorney is a town solicitor. Can other lawyers in our firm appear before that town's zoning board and council?
The panel concluded it is a concurrent conflict under Rule 1.7(a), imputed to the whole firm under Rule 1.10(a), for other firm attorneys to appear before the municipality's planning board, zoning…
When must an Indiana lawyer entering or leaving government service decline or leave a matter?
Disqualification applies to the same matter when the lawyer was personally and substantially involved, and to adverse matters where the lawyer has materially damaging confidential government…
May different staff lawyers for the same Connecticut union represent the target and a potentially adverse witness in one misconduct investigation?
Likely no on the limited facts. The union lawyers constitute one firm for imputation, and the conflict between the investigation target and potentially adverse witness likely is not consentable.
May a Maryland judge attend a bar association dinner partly paid for by private sponsors?
Maryland Judicial Ethics Opinion 2023-09 allows attendance at the described sponsored bar dinner absent unusual circumstances, including a sponsor whose litigation might create an appearance of…
Can a New Hampshire public prosecutor accept a referral fee from a private lawyer for a matter that grew out of the prosecutor's work as a prosecutor?
The opinion concludes a New Hampshire public prosecutor may not enter a referral-fee agreement with an active lawyer for matters arising from the prosecutor's work, because the prosecutor's personal…
May a juvenile-referee magistrate train local law enforcement on juvenile proceedings?
West Virginia JIC Opinion 2023-09 permits the described training with participants from both prosecution and defense, subject to the chief circuit judge's approval and a neutral location.
May a Connecticut criminal defense lawyer represent one co-defendant when a lawyer who periodically serves as co-counsel represents another co-defendant?
Yes on the stated facts. Periodic co-counsel work, separate offices, and about two shared cases per year did not make the lawyers a firm for imputation, but the lawyer still must assess any material…
May a court probation officer coach school track and also work part-time for the sheriff?
West Virginia JIC Opinion 2023-07 has no objection to the track coaching but bars concurrent sheriff's department work because it could appear to favor law enforcement.
Can a New York lawyer affiliate and share fees with a lawyer admitted only out of state who lives in New York and practices immigration law from a New York office?
Only conditionally. The opinion concludes the affiliation is permitted only if neither lawyer nor the firm is engaged in the unauthorized practice of law (a question of law the committee cannot…
When a lawyer practices across states with different ethics rules, which state's rules of professional conduct apply to the lawyer's conduct?
Under Model Rule 8.5(b), conduct connected to a pending tribunal matter follows the rules of the jurisdiction where the tribunal sits; all other conduct follows the rules where the conduct occurs,…
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.