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 New York lawyer who serves as a certified impartial hearing officer also represent parents in special-education hearings, and can the lawyer advertise the certification?
The opinion concludes the lawyer may do both, but may not represent clients in any school district where the lawyer sits as a hearing officer, in matters the lawyer handled as a hearing officer, or…
May a probate judge make a paid public television law program that might air during the station's pledge drives?
The committee permitted the described television work if the judge did not personally fundraise and the work did not interfere with judicial duties. It said airing the judge's name during a pledge…
Can a law director try a case in which another lawyer from the same law director's office will testify for the city?
The opinion concluded that it is improper for a law director or assistant law director to act as advocate in a trial in which another attorney from the same office will testify for the city, unless…
Can a West Virginia lawyer who was appointed to represent an indigent defendant later be paid by the client or by a third party and become privately retained counsel?
Sometimes, on an ad hoc basis. The opinion concludes appointed counsel may become privately retained if the lawyer first discloses the change to the court, is released from the appointment, and…
What response did an Illinois judge owe when a prosecutor threatened future substitution motions unless a sentence changed?
The Committee found the threat prejudicial to justice and required appropriate disciplinary measures, but concluded that former Rule 63B(3) did not necessarily require an ARDC report.
Must an Illinois judge recuse when a relative within the third degree is sued only in an official capacity?
Yes. The Committee applied former Rule 63C(1)(e)(i) even where the relative had no direct involvement or firsthand knowledge, while noting that parties could remit disqualification under Rule 63D.
Can a lawyer suing a government agency contact the agency's officials directly about the case without the agency lawyer's consent?
Yes. The opinion concludes a lawyer for a party in a controversy with a government agency may communicate directly with the agency's officials about the matter, including settlement, under the…
The town solicitor and manager asked me to represent the municipality in a Superior Court lawsuit, but I already represent private clients in matters before the town's zoning and planning boards. Is that a conflict?
Yes. The panel held representing the municipality in the lawsuit would be a Rule 1.7 conflict because the attorney's existing zoning and planning board clients occupy a position adverse to the…
I represent a condominium association through its board of directors, and I want to withdraw because the board keeps rejecting my advice. Can I tell the individual unit owners why I'm withdrawing, since it might benefit the association?
No. The panel held disclosing the reasons for withdrawal to individual unit owners would violate Rule 1.6, because the attorney's client is the association acting through its board, not the…
Can a Georgia lawyer charge a client a non-refundable retainer that the lawyer keeps even if the representation ends early?
Yes, within limits. Under Georgia FAO 03-1, a lawyer may contract for a non-refundable special retainer so long as the lawyer still refunds any advance fee not yet earned under Rule 1.16(d) and the…
When a former client asks for their file, what does a New York lawyer have to turn over, and can the lawyer charge for assembling it?
The opinion concludes a lawyer must promptly turn over or give access to the files the former client is entitled to possess; under New York law that is presumptively the entire file unless…
Would a district attorney-funded courthouse employee disqualify judges from prosecution cases?
Yes, if the district attorney's office pays part of the shared employee's salary. The Commission found that a joint employee would create a reasonable question about judicial impartiality in…
Could an attorney sharing office space with a judge’s former spouse practice before the judge?
West Virginia JIC Opinion 2003-11 found no Canon 4D financial-relationship bar on the described facts after the judge had relinquished all interests in the former practice and its building company.
Could a judge appoint a magistrate clerk’s daughter to a co-op position when all finalists were equally qualified?
West Virginia JIC Opinion 2003-10 said appointing the clerk’s daughter would breach former Canon 3C(4)’s favoritism prohibition when the candidates appeared equally qualified.
If a lawyer sends a creditor a protection letter promising payment from a settlement, must the lawyer pay the creditor even after the client says not to?
Yes. The opinion concludes a lawyer who has sent a protection letter and holds settlement funds in trust is ethically obligated to pay the creditor the reasonable, undisputed amount despite the…
May a judge receive a court social worker’s home study before a custody trial without making an impermissible ex parte communication?
Yes, if the report is shared with the parties or counsel and any trial reliance preserves their opportunity to examine the author and present evidence supporting or rebutting it.
Could a Maine probate judge allow a robed adoption photograph to appear in a charity’s fundraising brochure?
No. The committee found participation inappropriate under the canons restricting use of judicial prestige to advance private interests or fundraising.
Must a judge recuse when a lawyer before the judge partly owns the business employing the judge’s adult child?
Nebraska Ethics Opinion 03-2 found no recusal basis on the stated facts when the lawyer’s separate business was not involved in the case; it allowed disclosure out of caution.
Are the head and staff of a community-based correctional facility judicial officers or employees for purposes of Ohio Ethics Law?
The opinion concluded that the President/CEO and employees of Oriana House, which operates the Summit County community-based correctional facility, are not judicial officers, judicial employees,…
Do I have to report another lawyer, not in my firm, whose mental impairment is hurting their clients?
Yes, in limited circumstances. The opinion concludes that a lawyer who knows another lawyer's mental condition is materially impairing her representation of clients, and who knows she keeps…
Can a lawyer refer a personal injury client to a company that advances money repaid out of the settlement?
The Committee concluded that it is ethically proper for an attorney to refer a personal injury client to an independent company that advances money repaid from the settlement, so long as the…
If a Maine lawyer owns a title insurance company, can the lawyer refer a real estate client to it, and do the ethics rules govern the title company's work?
The referral is allowed, but if the lawyer represents the same client in the same transaction, disclosure alone does not exempt the title company's law-related services from the Code; full…
In a workers' comp third-party case, can my contingent fee be based on the gross recovery even though part of it must be repaid to the comp carrier?
No. The Committee concludes a contingent fee computed on the gross third-party recovery is unconscionable under Rule 1.04(a), because the carrier is entitled to the first money out by subrogation…
May an Alabama judge perform legal duties as a military judge advocate while on active duty?
Yes. The Commission held that active-duty service as a judge advocate general in the United States military did not violate Alabama Canon 5F.
May a judge refer traffic offenders to a program when the judge's court administrator is a paid instructor?
The committee said allowing the administrator to receive referrals from offenders before the judge created an improper appearance. Routing referrals through a state bureau did not cure the concern;…
Can a North Carolina law firm outsource the employment of its lawyers and staff to a professional employer organization (PEO) for payroll and benefits?
The opinion concludes the arrangement does not violate Rule 5.4 as long as the PEO does not control or interfere with the lawyers' professional judgment, the PEO is paid a percentage of payroll…
Can a criminal defense lawyer stay silent about, or stipulate to, a sentencing worksheet that understates a defendant's prior record level?
The opinion concludes a defense lawyer may decline to stipulate and remain silent when the prosecutor presents an inaccurate prior-record worksheet, but may not stipulate to or otherwise help…
Can a lawyer use an investigator's pretextual conversation with a represented opposing party as evidence, and can purely visual surveillance be used?
The opinion concludes a lawyer may not proffer evidence of an investigator's pretextual conversation with a represented person, because Rule 4.2 bars through an agent what the lawyer cannot do…
Could a Maine probate judge testify under subpoena in an arbitration involving court staff?
Yes. The committee concluded that a judge could be subpoenaed as a witness in an adjudicatory proceeding if the judge was not presiding in that proceeding.
Can a New York lawyer agree to swap client referrals with a securities broker or insurance agent who is not on the approved nonlegal-professions list?
Yes. The opinion concludes a lawyer may enter a nonexclusive reciprocal referral arrangement with a broker or insurance agent, provided no fees are shared and the lawyer discloses the arrangement…
Can a New York lawyer accept a bank 'earnings credit' that reduces the lawyer's bank fees based on balances held in the lawyer's IOLA account?
Only with the client's consent after full disclosure. The opinion concludes the credit is something of value from a third party related to the representation under DR 5-107(A)(2), so the lawyer may…
In Colorado, can a lawyer secretly record a conversation, or direct an investigator to, even when one-party-consent recording is legal under state law?
The opinion concludes that surreptitious recording by a lawyer is generally improper even if legal, because it involves an element of deceit under Rule 8.4(c), and that a lawyer generally may not…
May a family court judge join a committee supporting a tax-related constitutional amendment?
Yes, if the judge's participation remains consistent with Canons 4, 5B and 7A(1). The Commission made its approval conditional on the scope and manner of participation.
Can a liability insurer's salaried staff lawyers represent both the insurer and its insureds, and what may that staff-counsel office call itself?
Yes, with disclosure. The opinion concludes insurance staff counsel may represent both the insurer and its insureds if they tell each insured they are insurer employees and exercise independent…
May Montana lawyers operate the proposed LLC referral service as a not-for-profit?
No. The opinion concludes the proposed private referral service violates Montana Rule 7.2(c), which permits paying only the usual charges of a not-for-profit lawyer referral service.
When a judge asks a lawyer to draft a proposed order, must the lawyer serve it on opposing counsel at the same time it goes to the judge?
The opinion concluded that simultaneous service is not strictly mandated as a matter of law, but under Rule 3.5 it is the more professional practice to serve a proposed order on opposing counsel,…
Does a law firm's earlier insurance-coverage opinion for a company create a conflict that bars the firm from later bringing a shareholder derivative or class action on that company's behalf?
Because a derivative action is brought in the right of the corporation, the committee concluded the firm represented the same client (the company) in both matters, so no Rule 1.9 conflict arose on…
Can a lawyer advertise to handle Social Security disability hearings and send a supervised nonlawyer paraprofessional to appear at the hearing, without disclosing that in the ad?
Yes. Where the Social Security Administration authorizes nonlawyer representatives, a lawyer may use a supervised nonlawyer paraprofessional at the hearing without assisting unauthorized practice,…
I'm a part-time municipal court judge and a partner at my law firm. My municipality just did a property revaluation, taxpayers are asking my firm to handle their appeals, and I want to appeal my own valuation too. Any conflict?
No conflict in contesting your own valuation, and the firm can take the appeals with consent. The panel held nothing bars the judge from contesting a personal property revaluation, and the firm may…
How did the Committee address a judge’s concerns about a city attorney’s handling of a pending DWI case?
The Committee identified reporting and disqualification canons but left the judge’s case-specific decisions to him; it declined to decide case procedure or special-prosecutor authority.
When a paralegal or other non-lawyer staffer changes firms in Tennessee, can the new firm use screening to avoid being disqualified?
Formal Ethics Opinion 2003-F-147 concludes that under RPC 1.10 a firm may use screening procedures to avoid imputed disqualification in limited circumstances, that imputed disqualification and…
Must (or may) a lawyer tell the bankruptcy court that a former client failed to disclose an inheritance, when the lawyer learned of it only after the representation ended?
The opinion concludes the lawyer is neither required nor permitted to disclose. Rule 3.3's duty to correct false evidence is not triggered because the nondisclosure and the lawyer's discovery both…
What do a firm's partners and supervisors have to do when a lawyer in the firm is mentally impaired?
The opinion concludes that when a firm's partners or supervisors know of a lawyer's mental impairment, they must take reasonable steps to assure it will not cause rule violations; if it already has…
When lawyers in different firms split a fee based on assuming joint responsibility, does the client have to sign a written agreement?
The opinion concluded that when lawyers not in the same firm divide a fee under DR 2-107(A) based on assuming responsibility (rather than proportional work), each lawyer must assume responsibility…
When should a judge step aside from cases involving a lawyer retained by the judge’s homeowners association?
West Virginia JIC Opinion 2003-09 called for recusal from that lawyer’s matters while the association dispute was pending and for six months after resolution, then disclosure for another six months.
What attorney advertising and solicitation practices does Alabama allow, including business cards, prescription-bag ads, comparative claims, and testimonials?
The opinion answers ten advertising questions: business cards left for third parties to distribute and prescription-bag ads are improper agent solicitation; pro bono offers and communications to…
Can a respondent's lawyer send an investigator to interview an unrepresented domestic violence petitioner before a criminal contempt hearing, and what are the limits?
The opinion concludes that respondent's counsel may send an investigator to interview an unrepresented domestic violence petitioner, but must make reasonable efforts (under Rules 5.3 and 8.4) to…
Could a judge hear a habeas matter arising from a prosecution begun while the judge was prosecutor if the petitioner requested it?
West Virginia JIC Opinion 2003-08 said former Canon 3E(1)(b) barred the judge from the described habeas matter and that the parties could not waive that ethical disqualification.
Can a criminal defense lawyer in D.C. argue for jury nullification, or do the ethics rules prohibit urging a jury to acquit against the law?
The opinion concludes that a criminal defense lawyer may not expressly urge a jury to disregard the law (D.C. substantive law disfavors nullification and the standard instruction forbids ignoring…
Is it a conflict of interest for a lawyer to represent the estate administrator who is also the surviving spouse claiming an elective share against the estate?
The opinion concludes there is no conflict, because the lawyer who represents an estate represents the personal representative, not the beneficiaries, and representing one person in two capacities…
Are conflicts imputed across all Virginia public defender offices and capital defense units under one commission, or is each office a separate firm for conflict purposes?
The opinion concludes that a single public defender office is a 'firm' under Rule 1.10, but separate Public Defender Offices and Capital Defense Units under the Public Defender Commission are…
Can a New York collection lawyer accept credit card payments from a client's debtors, deduct the fee, and pass on the card processing charges?
The opinion concludes a collection lawyer may accept debtors' credit card payments, must deposit them in a trust or IOLA account, may deduct an agreed non-excessive fee and disbursements (but not…
Does the Judicial Code bar extra compensation for a part-time district judge’s additional jail-related judicial duties?
The Committee said the Code neither barred extra pay for the described judicial duties nor entitled the judge to it; statutory and job-duty questions remained for other authorities.
Must a judge recuse when a former law clerk joins a lawyer's firm in a related case?
No, on the stated facts. The Commission found no reasonable basis to question the judge's impartiality, but said it would be appropriate to bring Rule 1.12 to the attorneys' attention.
May a Court of the Judiciary judge serve on bank and university boards?
Yes, on the stated facts. The Commission permitted the bank board service subject to Canons 2C and 5C, and the university board service subject to Canon 5B.
Must a retired judge recuse when a lawyer's firm also appears in an unrelated mediation he handles?
No, on the stated facts. The Commission found no reasonable basis to question impartiality, but recommended disclosure to the parties if the judge accepted the case assignment.
How did the JIC address a magistrate’s former clients, music nonprofit board, and remaining law practice?
West Virginia JIC Opinion 2003-07 directed another magistrate to handle former clients’ initial appearances, allowed the nonprofit board seat without fundraising, and referred law-practice questions…
Could an Illinois judge hear a new case involving a defendant the judge formerly defended or prosecuted?
Yes, absent personal participation in the case currently before the court or another ground such as bias. Prior work with the same defendant in a different case alone did not require disqualification.
When a client discharges a lawyer and asks for the file, must the lawyer hand over everything in it, including the lawyer's notes and internal memos?
The opinion concludes the lawyer must presumptively give the former client access to the entire file unless substantial grounds exist to refuse, with narrow exceptions for third-party nondisclosure…
Could a judge serve on the Arkansas Commission on Child Abuse, Rape and Domestic Violence?
The Committee did not find partial commission service necessarily prohibited, but identified duties the judge should avoid and said she should not serve as chair.
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.