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 parties waive recusal when their lawyer regularly acts as the judge's appointed referee?
No. The Commission held the judge disqualified because the lawyer regularly assisted him as an appointed child-support referee; the resulting Canon 3C(1) disqualification could not be remitted under…
Must a judge recuse from a civil case against a prosecutor who handles most of the judge's criminal docket?
Yes, on these facts. The Commission found that the prosecutor's handling of about 85% of the judge's criminal docket, together with her bringing the civil case to his attention, reasonably called…
Does the no-contact rule apply to a lawyer who is representing himself and the opposing party has counsel?
The opinion concluded that a lawyer who is a party proceeding pro se is still bound by HRPC 4.2 and cannot communicate directly about the subject of the representation with another person known to…
A plaintiff's lawyer learns, while representing a client, that a health-care provider she works with regularly is billing for services never rendered. Can she warn other clients or report the provider?
Not without the client's consent. What the lawyer learned in the representation is confidential under Rule 1.6, so she may not reveal it or report the provider's fraud to insurers or law enforcement…
Can one lawyer represent both a general contractor and its surety in defending a payment bond claim, and when must the lawyer withdraw?
The opinion concludes joint representation is ordinarily possible, but the lawyer must avoid invalid defenses and unnecessary delay. If the contractor insists on violating the Rules, the lawyer must…
Can a North Carolina lawyer collect both a contingent fee and a separate court-awarded attorney fee from the same personal injury case?
The opinion concludes a lawyer may collect both the contingent fee and a court-awarded fee, or some portion, so long as the total is consistent with the fee agreement and not clearly excessive under…
Can a law firm advertise its win/loss statistics or offer clients a money-back guarantee on legal matters?
The opinion concluded that it is improper for a firm to give out statistics on intellectual-property matters won, lost, and settled (misleading and self-laudatory), and improper to offer money-back…
Can a law firm help a client buy or sell a business, charge a percentage of the deal, and take a referral fee from a lender or broker?
The opinion concluded that a firm may help its seller-client (or buyer-client) locate the other side and charge a percentage fee with full disclosure and written informed consent, but may not share…
Does a former partner's consultation with a party disqualify the judge from that party's case?
It depends on whether the consultation established an attorney-client relationship. Without one, the judge was not disqualified; if one arose and privilege attached, the Commission held that recusal…
Did a judge need to recuse because an attorney subleased space in a building owned by the judge’s spouse?
West Virginia JIC Opinion 2003-05 found no required recusal on the described facts: the judge had no ownership interest and the attorney paid a sublessor, with no direct dealings with the spouse.
If the personal representative of an estate is committing fraud, must the lawyer tell the court or the beneficiaries, and may the lawyer keep representing the personal representative?
The opinion concludes the lawyer may, but is not required to, disclose the personal representative's fraudulent or criminal conduct under Alaska RPC 1.6(b)(1); the lawyer may not assist or conceal…
Could a magistrate work for a supermarket or buy stock in the company?
West Virginia JIC Opinion indexed as 2003-04 said former Canon 4D(3) barred the proposed supermarket employment; the letter did not separately decide the stock ownership question.
Was a $75 cash door prize won at an event a gift regulated by the Judicial Code?
West Virginia JIC Opinion indexed as 2003-03 said the random door prize did not fall within former Canon 4D(5).
Can a lawyer holding a real estate deposit release it to the seller client, or require the client to sign an indemnity agreement, when the buyer defaults?
If the buyer has a valid legal claim to the escrowed deposit and the lawyer owes a legal duty to protect it, the lawyer may not release the funds to the seller client; the lawyer must hold them in…
Can a lawyer give a second opinion to someone who already has a lawyer in the matter?
Yes. Rule 4-4.2's bar on contacting a represented person applies only when the lawyer is representing a client in the matter, so a lawyer approached by a represented person for a second opinion or…
How far must a New York firm supervise its partners, associates, and staff who are licensed abroad but not admitted in New York?
The opinion concludes a New York firm must make reasonable efforts to ensure lawyers subject to the New York Code comply with it, and must supervise foreign-licensed lawyers (treated as nonlawyers…
I'm a town solicitor and my office is prosecuting two juveniles for a fire that destroyed my neighbors' home. My office has recused itself from that prosecution. Can I represent my neighbors in a related civil suit against the juveniles' families?
Yes, but only with consent from both sides. The panel held Rule 1.11 does not bar the representation once the solicitor's office has stepped back from the prosecution, but Rule 1.7 still requires…
In Kentucky, could a part-time Commonwealth Attorney, or a member of the firm, represent a landowner in a condemnation action brought by the state?
No. The opinion concluded the representation is barred by KRPC 1.7 because the Commonwealth Attorney's client is the Commonwealth and the landowner's position is directly adverse to it, with the…
Can a D.C. lawyer buy a legal claim (a chose in action) from a nonlawyer who is not the lawyer's client?
The opinion concludes that the D.C. Rules do not bar a lawyer (not acting for a client) from buying a legal claim, a chose in action, from a nonlawyer who is not and has not been the lawyer's…
Must a judge recuse from every public defender case when dating one attorney in the office?
Nebraska Ethics Opinion 03-1 requires recusal from cases involving the attorney the judge dates, but finds no automatic disqualification from other attorneys’ cases in that public defender office on…
Could an Illinois judicial candidate publicize an opponent’s private sexual conduct without a likely criminal or disciplinary violation?
No. The Committee concluded that even factually accurate disclosure was impermissible in a campaign absent a likely criminal prosecution or judicial disciplinary violation tied to the conduct.
Could a magistrate hire an assistant who also worked evening shifts as a local police dispatcher?
West Virginia JIC Opinion 2003-02 advised against employing the assistant while she also worked for the local police department because it would undermine the appearance of an independent, impartial court.
Could a magistrate serve on a board recruiting health care professionals to a rural community?
West Virginia JIC Opinion 2003-01 permitted the magistrate to serve on the described recruitment board, provided the service complied with Canon 4.
Can a firm prepare an opinion attacking a patent held by one of its own current clients because another firm lawyer handles that client's patents in a different technology?
The opinion concludes there is a direct-adversity conflict under Rule 1.7: helping Client A invalidate a patent held by current Client B is directly adverse to Client B even though the firm's work…
If a lawyer filed an immigration petition for a client's wife, can the lawyer later represent the wife in an abuse-based self-petition against that client?
No, not where the husband is a current or former client, because the matters are substantially related and the wife's interests are materially adverse, and informed consent cannot be obtained…
Can a lawyer who serves in the state legislature, or that lawyer's firm, represent private clients before local zoning boards and councils when no firm member sits on those boards?
The opinion concludes yes. The per se conflict recognized in LEO 1763, where a firm member sat on the very board appeared before, does not extend to appearances before local bodies on which no firm…
Can a lawyer or legal aid office represent a daughter seeking guardianship over her mother when the mother is also a current client of the same office in another matter?
The opinion concludes no. Representing the daughter in a guardianship petition against the mother is directly adverse to a current client under Rule 1.7, cannot satisfy either consent prong because…
May a judge hear an inmate's post-trial request after the judge's nephew represented the inmate at trial?
Yes, if the nephew's representation has ended and no special circumstance continues to question impartiality. An issue the nephew litigated or a question about his representation would require recusal.
Must a judge recuse when a lawyer from the judge's brother's firm appears?
Not merely because the lawyers share a firm. The judge is disqualified if he knows the brother has an interest that could be substantially affected by the case or other facts reasonably question…
How did Maryland Opinion 2003-01 treat a new master’s old legal fees and a $50 gift from a lawyer receiving referrals?
The opinion urged a former firm lawyer to submit a payout agreement under its then-cited rule, allowed a former solo lawyer to collect earned fees without using official prestige, and said the…
May a circuit judge retain an official court reporter after marrying her?
No, where Alabama Code § 12-17-270 applies. The Commission found that the statute barred the spouse's continued service as the judge's court reporter despite her appointment before the marriage.
Can an Assistant Attorney General serve as a hearing officer in a matter that the Attorney General's office might later litigate?
Yes. Under Rule 1.12, employment by the Attorney General's office does not by itself disqualify a lawyer from serving as a hearing officer for an agency in a matter the office may later handle as an…
Can a New York lawyer use a power of attorney in the retainer to settle a case and endorse the client's settlement check?
The opinion concludes a lawyer may obtain and use a revocable power of attorney to settle and to endorse the settlement check, with full disclosure, but only if the lawyer settles on terms the…
Can a nonlawyer handle a residential real estate closing in North Carolina, and what closing tasks may a nonlawyer perform?
No. The opinion concluded a nonlawyer may not handle a residential real estate closing because most closing functions are the practice of law, though a nonlawyer may perform purely ministerial tasks…
Does an Alaska lawyer act unethically by recording a conversation without telling the other party or getting consent?
The opinion concludes that undisclosed recording of a conversation by a lawyer is not per se unethical if not prohibited by law, though it may be unethical if done or used in a way the rules…
Can a North Carolina lawyer have a supervised nonlawyer oversee the signing of documents and disbursement of proceeds at a residential real estate closing without the lawyer present?
The opinion concludes a lawyer may delegate overseeing document execution and disbursement of closing proceeds to a supervised nonlawyer, who must not give legal advice, and the lawyer need not be…
When a court-appointed guardian ad litem is also a lawyer and is represented by trial counsel, can opposing counsel contact the GAL directly under Rule 4.2?
The opinion concludes that a guardian ad litem who happens to be a lawyer is still a represented party for Rule 4.2 purposes, not co-counsel. Opposing counsel must comply with Rule 4.2 and respect…
Can the lawyer for a deceased client testify about the client's confidences in a will contest or other litigation over the estate?
The opinion concludes the lawyer may testify. If the personal representative calls the lawyer, that consent allows the disclosure; the lawyer may also testify when required by law or court order. If…
Can a lawyer for one divorcing spouse prepare an answer or waiver for the unrepresented spouse, or represent both spouses in the divorce suit as an intermediary?
The opinion concludes no. One lawyer may not appear in court for opposing parties no matter how amicable the divorce, and a lawyer may not prepare a pleading or waiver admitting the complaint for…
Must a judge recuse when a lawyer appearing in court subleases space in the judge's building?
Not on the stated sublease alone. The Commission required recusal if the judge knew his financial interests could be substantially affected by the case or other circumstances reasonably questioned…
Can a lawyer acting as a union grievance agent contact municipal officials directly when the municipality has its own lawyer?
No. The opinion concludes Rule 3.6(f)'s no-contact rule bars a lawyer-agent from contacting high-level municipal officials about a grievance without opposing counsel's consent, because the lawyer is…
May a judge chair an American Heart Association fund-raising campaign?
The Canons discouraged but did not prohibit the proposed chairmanship. The Commission conditioned participation on compliance with Canons 1, 2 and 5, including limits on using judicial prestige to…
Can a Texas law firm let a non-profit it donates to list the firm as a financial sponsor on the non-profit's website?
Yes. The Committee concludes a sponsor listing is permissible advertising, not a prohibited referral payment, where the firm pays a fixed amount unrelated to any referrals, every equal-contributing…
Can a Texas law firm let a group of doctors pay for its TV advertising in exchange for the expectation, but not the obligation, that the firm will refer clients to that group?
No. The Committee concludes the arrangement creates an unacceptable conflict: the firm's financial incentive to refer clients to the funding medical group means it cannot reasonably believe its…
Can a lawyer who used to defend insurance companies later sue those same insurers for plaintiffs?
The committee said yes, as long as the new matters are not the same as or substantially related to the prior insurance-defense work and no confidences or secrets of the former client will be used…
Can one lawyer represent two people injured in the same accident when one of them may be partly at fault?
The committee said no. Because the motorcycle driver and the passenger had potentially adverse interests (the driver's likely comparative negligence), representing both created a conflict under RPC…
Can a lawyer charge the client a percentage markup on a subcontractor's bill for managing that subcontractor?
The committee said yes: a lawyer may charge a fully informed client a 10 percent surcharge on a subcontractor's (here an actuary's) billing in payment for monitoring the subcontractor, as long as…
Can a phone call with someone who does not hire you create a conflict that blocks you from later representing the other side?
The committee said RPC 1.9 applies only if an attorney-client relationship existed, which depends on whether the prospective client subjectively believed one existed and whether that belief was…
Can a claimant's lawyer directly contact the insured tortfeasor before the insurer appoints defense counsel?
The committee said a claimant's lawyer may in many circumstances contact an alleged tortfeasor as an unrepresented party, but RPC 4.2 calls for the highest caution where the tortfeasor is insured…
Can a lawyer financially support a nonprofit in exchange for being acknowledged to its members as having 'demonstrated competence'?
The committee concluded that the proposed relationship, in which a lawyer financially supports a nonprofit and in return uses its logo and is acknowledged to members as meeting the organization's…
After a client dies, who can waive the attorney-client privilege and can the lawyer charge to handle the file?
The committee said the duty to protect a client's confidences under RPC 1.6 survives the client's death, so absent a valid waiver or a court order the lawyer should assert the privilege against…
Can a law firm use a trade-style name like '[Word] Law Group' that does not include any lawyer's name?
The committee said using a name such as '[Noun] Law Group, PLLC' does not violate RPC 7.1, 7.4, or 7.5(a), provided there is actually a group of lawyers in the firm.
Can a lawyer pay a nonprofit organization to be put on its referral list and use its seal in advertising?
The committee concluded that a pay-to-be-referred arrangement, in which a nonprofit organization refers its members to lawyers who make financial contributions and lets them use its seal, is…
Can a lawyer represent a new client against a former client in a matter related to the earlier work, when the old file is gone?
The committee concluded that representing an adjoining landowner in an easement-reformation dispute, after a one-time 1996 consultation for a party on the purchase of the same property, involves the…
Can a public defender agency hand over client confidences to the county as part of a contract audit, even if the auditor is a lawyer?
The committee concluded that a public defense agency representing indigent clients cannot disclose client confidences and secrets for a county program audit, because the audit is not done to carry…
Can one law firm provide both the city attorney and the municipal court judge to the same city?
On the facts presented, with the city attorney walled off from the municipal court's civil functioning, not appearing before or advising the municipal judge, and the city consenting in writing, the…
Can a lawyer charge a contingent fee to fight an administrative driver's-license suspension in a DUI case?
The committee said yes: a lawyer may charge a reasonable contingent fee for representing a client in a civil administrative driver's-license suspension or revocation proceeding, because it is not a…
After a court decision could overturn a former client's conviction, does the lawyer who handled the case have a duty to go back and advise the client?
The committee said that once the representation has ended, the convicted person is a former client, and absent an ongoing relationship or a reasonable basis for the client to believe the…
Can a defense lawyer's legal assistant call the opposing party's doctor to ask how medical records will be produced?
The committee declined to decide whether a defense lawyer's legal assistant may telephone a health care provider, while obtaining records under RCW 70.02.060, to ask whether records will come by…
Can a lawyer produce and sell fill-in-the-blank eviction forms with an informational brochure to the public?
The committee said producing and selling legal forms for securing evictions under the Residential Landlord-Tenant Act, along with an informational brochure, is authorized whether or not it amounts…
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.