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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Could a magistrate serve as a trustee of a local cemetery corporation?
West Virginia JIC Opinion 2002-24 advised the magistrate against serving on the cemetery corporation's board because the described fiduciary, personnel, land, sales, and financial duties conflicted…
Could a judge serve on a local Health Sciences and Technology Academy governing board?
West Virginia JIC Opinion 2002-23 allowed service on the described academy governing board so long as it remained within Canon 4C(3).
Can a private law firm hold a fee-collection contract with a Commonwealth's Attorney while also defending criminal cases prosecuted by that same office?
The opinion concludes no. Once a defense attorney contracts to collect fines for a Commonwealth's Attorney, the prosecutor's personal-interest conflict under Rule 1.7(b) cannot be cured (the client…
Can a lawyer charge a contingent fee made up of both a percentage of the recovery and an hourly rate, with both parts payable only on a successful outcome?
The opinion concludes a mixed contingent fee (a percentage of recovery plus an hourly rate, both contingent on success) is permissible so long as the total fee is reasonable under Rule 1.5(a); Rule…
Must a judge recuse when a lawyer from the judge's recent former firm serves as guardian ad litem?
The Committee required disqualification on the stated facts: the judge's substantial, recent firm ties and recusal from cases involving those lawyers as advocates. Canon 3F allowed the judge to ask…
May a judge in a nonpartisan retention election give a political party a photograph for possible advertising?
The committee prohibited providing a photograph when circumstances indicate a party advertisement would reflect or imply the candidate's party affiliation. It allowed an otherwise permitted use, but…
Could a magistrate chair a local emergency planning committee appointed through the state response commission?
West Virginia JIC Opinion 2002-22 concluded that the magistrate could not chair the local emergency planning committee because the government appointment conflicted with West Virginia Constitution…
Must a lawyer hired by an insurer to defend an insured give the client the Statement of Insured Client's Rights in an employment discrimination case?
Only if the discrimination claim includes an element of personal injury. Then Rule 4-1.8(j) requires giving the Statement of Insured Client's Rights at the start of the representation. If there is…
I represent clients before my town's council and planning and zoning boards. If I get elected town moderator, a role limited to running the financial town meeting, can I keep representing those clients before the council and boards?
Yes. The panel held the town moderator's duties, based on the town charter, are ministerial and ceremonial, so they do not present a material limitation under Rule 1.7(b) to representing clients…
May judges attend nonprofit lawyers’ association events as guests when the events are not fundraisers?
The Committee allowed judges to attend nonfundraising functions of private nonprofit lawyers’ associations as guests, treating the invitations as ordinary social hospitality.
Must a judge step aside when a firm employing the judge's former spouse and former law partner appears?
The Committee found no automatic disqualification based on the former spouse's of-counsel role, absent actual bias or prejudice. It considered disclosure of the prior relationship appropriate when…
Did Maine Canon 5(A)(3) require a probate judge to resign when running for state senate?
Yes. The committee applied Canon 5(A)(3) as written and concluded that the judge had to resign upon becoming a state senate candidate; it declined to decide the claimed conflict with statute or…
May a district judge teach a paid evening Business Law class at a community college?
The committee found no prohibition on the proposed evening class. It identified limits on impartiality and judicial duties, and said the compensation's source and amount must avoid an appearance of…
Could a magistrate judge participate in a DWI Program Advisory Council that supported law-enforcement causes and monitored DWI cases?
The committee concluded that a magistrate judge's participation in the described council would reflect adversely on impartiality and violate the Code of Judicial Conduct.
Did a police officer's role in an ethics complaint against a judicial officer automatically require recusal from cases involving that officer or agency?
West Virginia JIC Opinion 2002-21 found no automatic disqualification on the stated facts; the judicial officer should hear assigned cases unless bias or prejudice was shown.
Did a proposed exchange of pending cases between two circuit divisions violate the Code of Judicial Conduct?
The Committee saw no Code impediment in the described transfer but said the central issue was judicial administration outside its ethics jurisdiction.
May a Maryland judge candidate attend fundraisers for nonjudicial candidates to advance the judge’s own election?
Yes, under the corrected opinion, attendance solely to advance the judge’s candidacy is not itself a public endorsement. The judge must avoid words or actions that endorse the host party or candidate.
Which civic boards and youth-justice activities could a children's court judge join?
The committee conditionally allowed a sister-city presidency, museum board, juvenile-justice advisory committee, and public meetings. It rejected a director or adviser role at a youth and family…
Could a family court judge use a proposed news article describing court activity?
West Virginia JIC Opinion 2002-20 permitted the proposed material only if it disclosed generic, public information, complied with Canon 3B(9), and did not violate statutory confidentiality.
Could a Maine judge speak at a luncheon held primarily to raise funds for a charity?
No. The committee concluded that speaking at the described fundraising luncheon would involve judicial prestige and personal participation in fundraising under Canons 4 and 2.
May a judge accept lawyers' event tickets and hear a case involving his financial advisor?
A ticket from a lawyer with a case pending before the judge was impermissible; without a pending case, the circumstances controlled. The judge was disqualified from the case involving his principal…
Can a lawyer join a church-paid group legal services plan that pays for members' trusts only if the trust leaves the church at least $20,000?
The opinion concluded that it is improper under DR 2-103(D) and DR 5-107(B) for a lawyer to participate in a church-funded estate-planning plan that pays for a member's self-trusteed revocable trust…
Can a court probation officer work part-time for a private for-profit drivers' intervention program that takes court referrals?
The opinion concluded that Ohio Ethics Law (R.C. 102.03(D) and (E)) prohibits a municipal-court probation officer from accepting private employment with a for-profit drivers' intervention program…
Can a judge serve as an appointed member of a government board like the Children's Trust Fund Board or a Family and Children First Council?
The opinion concluded that under Canon 4(C)(2) a judge should not serve as an appointed member of the Ohio Children's Trust Fund Board or a County Family and Children First Council, because each is…
What may an Ohio judicial candidate say during a campaign without violating the judicial conduct rules?
The opinion set out guidelines, drawn from the mandatory requirements of Canon 7, on judicial campaign speech: a candidate may announce views on disputed legal or political issues and make truthful,…
Can a lawyer draft a will for someone referred by an existing client who stands to inherit under that will?
Yes, with safeguards. The opinion concludes a lawyer may draft a testator's will on the recommendation of a potential beneficiary who is also a client, as long as the lawyer does not let the…
When a judicial law clerk sought another job, when did the clerk need screening from the prospective employer's cases?
West Virginia JIC Opinion 2002-19 said an application alone required notice to the judge but no screening or recusal; after an interview, the clerk should be screened from the employer's cases, with…
May judges select a court-ordered parenting provider who also testifies in criminal cases?
Yes, if an objective reason supports sole selection over any competing provider. The Commission also held that the provider's appearances as a prosecuting witness did not by themselves disqualify…
Can a judge hear a royalty class action when he administers an estate and trust with interests in it?
The judge was disqualified, even if he resigned as executor and trustee, because his cousins' affected interests remained. Canon 3D allowed remittal only through written agreements; after class…
Could a judge serve on the board of the Center for Multicultural Comity?
West Virginia JIC Opinion 2002-18 permitted service on the Center for Multicultural Comity board if the service remained within Canon 4C(3).
Could the Maine Judiciary receive token gifts for visiting chief justices at a national conference?
Yes. The committee concluded that the judiciary could receive and pass on the low-value gifts intended for visiting chief justices without violating the Code.
When a lawyer represents an estate and the administratrix has a personal interest that conflicts with the estate, must the lawyer withdraw?
The opinion concludes the lawyer represents the estate and the personal representative in her official capacity, not individually. If estate assets are enough to pay creditors, the lawyer need not…
Can a lawyer's firm sue or take matters adverse to a public body or nonprofit board when one of the firm's lawyers serves on that board?
The opinion concludes the firm may proceed if the board-member lawyer is screened in the firm and makes full disclosure to the board, refraining from any consideration, discussion, or vote on the…
Can a Maine lawyer run real estate closings through a title company the lawyer owns and keep the interest, without following the IOLTA rules?
Yes, within limits. The opinion concludes a lawyer-owned title company is a law-related service exempt from the Code (including IOLTA) only if it is a separate entity, the title-service recipient is…
May a metropolitan judge serve as a football or basketball game statistician, with or without pay?
The committee did not give blanket approval. It said the judge must assess the role against the Code's limits on outside activities, especially whether it would interfere with required judicial…
Does a New York lawyer's announcement of certification as a specialist need the disclaimer if it goes only to other lawyers and to the lawyer's own clients?
Yes. The opinion concludes that a professional announcement of specialist certification mailed to bar members, reprinted in a bar newsletter, and mailed to present and former clients is 'public' and…
Could a Maine judge join a committee raising money for a local hospital renovation?
No. The committee concluded that the judge’s participation on the hospital fundraising committee would violate Canons 2(B) and 4(C)(3)(b)(i).
Can a lawyer who is an elected city councilor represent clients in the city's municipal court or before other city tribunals and agencies?
The committee concluded a lawyer who is a city councilor should refrain from representing clients before municipal tribunals and agencies over which the lawyer has oversight or fiscal influence,…
Can a lawyer answer legal questions in an online chat room, and does doing so create an attorney-client relationship?
The opinion concludes that lawyers may take part in online chat rooms and similar real-time services answering Internet users' legal questions, as long as they follow all applicable rules. To avoid…
May a judge buy property involved in a case he decided several years earlier?
Yes, on the stated facts. The Commission found no adverse appearance, exploitation of office, or use of information acquired judicially, subject to Canons 5C(1) and 5C(6).
May a judge acting as a volunteer state militia judge advocate give legal advice to another member?
No. The Commission held that Alabama Canon 5F prohibited the judge from giving a legal opinion about State Defense Force business to another member.
May a judge’s spouse work for a candidate in a nonjudicial political campaign?
The Committee said the spouse could participate as a volunteer or paid worker, while avoiding any suggestion that the judge supported the candidate.
Do the Massachusetts ethics rules govern whether a Massachusetts-licensed federal government lawyer may interview a corporate party's former employees in litigation before a federal agency outside Massachusetts?
No. The committee concludes that under Massachusetts choice-of-law principles the Supreme Judicial Court would not apply Rule 4.2 to this out-of-state federal-agency litigation; the forum's own…
Can a lawyer interview a corporation's former employees in litigation without the consent of the corporation's counsel?
As a general rule, yes. The committee concludes Rule 4.2's anti-contact bar does not apply to a corporation's former employees, unless the former employee is separately represented or holds…
Can a lawyer represent two clients developing adjoining parcels when one client wants to oppose the other's zoning permit, and can the lawyer drop one client to keep the other?
Not simultaneously, unless both clients consent and the lawyer reasonably believes the dual representation will not harm either relationship. Dropping one client may be allowed only if the conflict…
Are non-refundable retainers allowed under Mississippi's ethics rules?
The opinion concludes that Rule 1.5 does not per se prohibit non-refundable retainers as long as the fee is reasonable, but Rule 1.16(d) requires the lawyer to refund any unearned (unreasonable)…
Can one lawyer represent both the driver and the passenger from the same car accident?
It depends on the facts. Where the passenger has no actual or potential claim against the driver and coverage is sufficient, one lawyer may represent both; but where objective evidence supports a…
When a former client asks for the return of mental-health records the lawyer obtained during the representation, can the lawyer refuse on the basis that disclosure would be detrimental to the client or others?
No. Per the opinion, former Rule 3-700(D)(1) requires the lawyer to promptly release client papers and property at the former client's request, subject only to applicable protective orders, and the…
Could a senior-status or recalled retired judge serve as a contracted independent examiner?
West Virginia JIC Opinion 2002-16 disallowed the described independent-examiner work for a senior-status judge under Canon 4F, but allowed a retired judge not on senior status who was recalled for…
Can an Ohio lawyer advertise the settlement or verdict amounts won in past cases?
The opinion concluded that it is improper for an attorney or law firm to list past settlement or verdict amounts in advertising, because such statements are misleading and self-laudatory, may be…
Can an Ohio lawyer contact other counsel or an out-of-state party to offer to serve as appellate or local counsel?
The opinion concluded that an Ohio attorney may contact opposing or co-counsel in person, by phone, mail, or email to offer to serve as appellate counsel, and may contact out-of-state counsel to…
Can a lawyer donate legal services to be auctioned or raffled as a prize at a charity fundraiser?
The opinion concluded that a lawyer should not donate legal services to be auctioned or used as a prize drawing at a charitable fundraiser, because the donation gives a thing of value that secures…
Can a paralegal take a deposition, and when can an out-of-state attorney take a deposition in Ohio?
The opinion concluded that it is improper under DR 3-101(A) for an attorney to delegate the taking of a deposition to a paralegal, because doing so assists the unauthorized practice of law; an…
Can a lawyer cross-examine a former client as an adverse witness while representing a current client?
Generally yes, if the prior and current matters are not substantially factually related and the lawyer does not use or disclose the former client's confidential information to that client's…
Does a lawsuit against a judge in both official and individual capacities require recusal from the suing lawyer's other cases?
West Virginia JIC Opinion 2002-15 rejected automatic disqualification merely because the judge had been sued in both capacities; each judge had to assess personal bias or prejudice on the facts.
A lawyer in my firm handled the closing and will testify at trial about what a disputed letter agreement meant. Can I still act as trial counsel for the same client in that case?
Yes, in most circumstances. The panel held Rule 3.7(b) lets the inquiring attorney continue as trial counsel while a law partner testifies, unless that partner's testimony is likely to substantially…
A client fired me, hired new counsel, and asked me not to contact them, but I want to talk to them about the discharge and the file transfer. Does Rule 4.2 stop me?
Yes. The panel held Rule 4.2 prohibits the discharged attorney from communicating with the client about the discharge or the file transfer without successor counsel's consent, once the client's…
When does a former government lawyer's prior work count as 'personal and substantial' participation that bars later private representation in the same matter under Rule 1.11?
The opinion concludes that a former EPA lawyer who only drafted status reports and discussed the timing of an ongoing rulemaking did not participate 'personally and substantially' in the related…
Can a nonlawyer union employee supervise a union's lawyer, both when the lawyer represents the union and when the lawyer represents an individual union member?
The opinion concludes that a nonlawyer union employee may supervise a union attorney who represents the union itself, because the union is the client and acts through its authorized agents (Rule…
Can a former government lawyer, such as a military JAG defense counsel, keep representing the same client in the same matter after leaving government service, or does Rule 1.11 bar it?
The opinion concludes that when a government lawyer lawfully formed an attorney-client relationship with an individual client (as a JAG defense counsel or public defender does), continuing to…
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.