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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May a judge receive about $750 to teach a short juvenile-justice course on Saturdays?
The committee found no facial Code problem with the described teaching outside court time and without court resources. Payment had to be reasonable, no higher than comparable nonjudge pay, free of…
Could a magistrate discuss incidents involving the magistrate's brother and police with an attorney?
West Virginia JIC Opinion 2001-21 allowed the magistrate to discuss the incidents with an attorney, while saying the magistrate would be recused from any case directly involving them.
What disclosure or recusal did a judge owe when a spouse worked for an agency appearing in court?
West Virginia JIC Opinion 2001-20 required disclosure when the spouse's employing agency appeared before the judge and recusal when the spouse was involved in a case.
May a judge handle bond matters when two uncles own a local bail bond company?
The judge could require a professional bond when he did not know which company the defendant would choose. He could not set bond knowing his uncles would be bondsmen or preside over forfeiture,…
May a defense lawyer contact a complaining witness to propose a civil settlement that releases the lawyer's client from liability?
Yes, within limits. The opinion concluded a lawyer may suggest and negotiate a civil compromise with an unrepresented complaining witness, but must clarify the lawyer's role, avoid giving advice,…
Can a Montana provider firm for a prepaid legal plan send marketing mailings to members, and can the plan sponsor see the firm's client intake records?
The opinion concluded the proposed postcard and letter complied with the advertising and direct-contact rules, though the letter raised concerns about overstating the firm's experience under Rules…
May a part-time county state’s attorney represent a plaintiff suing North Dakota over a car accident?
The committee found no absolute statutory bar on the assumed facts, but excluded matters involving county officials or employees and left Rules 1.7, 1.8 and 1.11 to be assessed.
Years ago I helped a company get regulatory approval for one parcel of land. Now a different company wants me to represent it on an adjacent parcel before the same agency, and my former client objects. Is that a conflict?
It depends on whether the two representations are substantially related. The panel could not determine that connection from the facts given and held that if the matters are not substantially…
When must a judge recuse from child support matters opened while the judge supervised county prosecutors?
Nebraska Ethics Opinion 01-2 called for recusal from matters tied to facts arising during the judge’s prior supervisory service, but found no required recusal after final resolution for later…
Can a former prosecutor now in a public defender or Legal Aid office defend people who were charged while the lawyer worked at the DA's office?
The opinion concluded that a former prosecutor may defend criminal defendants charged during the lawyer's DA tenure as long as the lawyer did not participate personally and substantially in that…
Can a lawyer take a contingent fee to collect unpaid alimony, maintenance, or child support owed under a divorce judgment that has already been entered?
The opinion concluded that a lawyer may not charge a contingent fee in a post-divorce action to collect maintenance, child support, or alimony due under a final judgment, because the Code treats…
In Kentucky, is a lawyer imputedly disqualified when an office-mate previously represented a former client whose interests are adverse in the same or a substantially related matter?
The opinion concluded that if the office-sharing arrangement resembles a firm, the lawyer is imputedly disqualified under KRPC 1.9 and 1.10 unless the former client consents after consultation, or…
Can a D.C. lawyer charge interest on a client's overdue legal bills when the fee agreement did not provide for interest?
The opinion concluded that a lawyer may not unilaterally impose interest on unpaid fees where the existing fee agreement did not provide for it, but that a client's unexcused failure to pay can…
Can a North Carolina lawyer who also sells insurance and investments charge a commission on financial products sold to his own legal clients?
No. The opinion concluded that Rule 1.8(b) bars charging a fee or commission on a business transaction related to the representation; the lawyer may provide financial products to a client but cannot…
Could a North Carolina lawyer close a residential real estate transaction by phone while a paralegal ran the closing conference?
No. The opinion required the lawyer to be physically present at the closing conference and not to appear through a paralegal surrogate. It was later overruled by 2002 Formal Ethics Opinion 9, which…
Can a North Carolina lawyer advance money to a personal injury client for a rental car to get to medical appointments?
Only for actual litigation-related transportation. The opinion concluded a lawyer may advance the cost of a single trip or occasional cab or bus fare, but not an extended rental that is really a…
Could a North Carolina lawyer let a paralegal close a residential refinancing while the lawyer was not present at the closing?
No. The opinion required the lawyer to be present at a refinancing closing because explaining the documents is the practice of law, though a paralegal could oversee execution outside the lawyer's…
Can a North Carolina lawyer put extra excise tax stamps on a deed, or draft a purchase agreement reciting a price higher than the parties actually agreed?
No. The opinion concluded that both involve dishonesty and misrepresentation barred by Rule 8.4(c); a lawyer may not counsel or help a client record a deed with excess tax stamps or recite an…
One of my law firm's named partners was just suspended from practice. Do we have to take his or her name off the firm name, and can we still pay out earned fees for work done before the suspension?
Yes, remove the name during the suspension: the panel held keeping a suspended, non-retired partner's name in the firm name is misleading under Rules 7.1 and 7.5(a). The firm may still pay the…
Two of my former clients will testify against my current client in a boundary dispute. I represented those former clients in unrelated matters years ago. Is that a conflict?
No. The panel held Rule 1.9 does not bar the representation because the boundary dispute is unrelated to the earlier corporate and personal injury matters, so long as no confidential information…
May a full-time New Mexico judge also hold a second judgeship if the schedules do not conflict?
The committee pointed to Rule 21-500's prohibition on a full-time judge holding another judicial position, elected or appointed. Separate evening and weekend hours did not change that rule.
May a state’s attorney prosecute a person involved in a commitment proceeding and use information from that proceeding?
The committee found no conflict in representing the state in both proceedings, but said confidential commitment information could not be used for past wrongdoing outside the statute’s exceptions.
May a California lawyer accept as a fee for preparing and prosecuting a patent application a percentage of any future profits the patent generates, without complying with the adverse-interest rule for ownership transactions?
Yes. Per the opinion, a contingent right to be paid from future patent profits is not an adverse pecuniary interest under former Rule 3-300 because the lawyer cannot summarily extinguish the…
Could an Illinois judge’s former law firm host a party after the judge’s investiture?
Yes, if the gathering was not intended to advance the firm’s interests or status. The opinion also emphasized compliance with former Rule 63C(1)(c) disqualification requirements involving the firm.
Could an Illinois judge serve on a nonprofit board promoting Drug Court education and operations?
Yes, on the stated facts. The Committee found the group’s judicial-system purpose compatible with former Rules 64C, 65B, and 62A, subject to limits on impartiality, duties, fundraising, and litigation.
Can a court-employed attorney mediator take a private paid mediation of a case pending on the docket of the court that employs the mediator?
The opinion concluded that it is improper, under Section 2921.43(A)(1) of the Ohio Revised Code and DR 9-101(B), for a court-employed attorney/mediator to conduct a private fee-paid mediation of any…
Could a circuit judge publicly oppose a zoning change affecting the judge's home?
West Virginia JIC Opinion 2001-19 allowed the judge to oppose the proposed ordinance as a private landowner, with recusal if a related matter reached circuit court.
Did a judge need a campaign committee to raise contributions to repay a personal campaign loan?
West Virginia JIC Opinion 2001-18 required a committee to solicit funds to retire the judge's campaign debt, under former Canon 5C(2) and state election law.
Can a former in-house lawyer sue her former employer for wrongful or retaliatory discharge without breaching client confidentiality?
Yes, within limits. The opinion concluded the Model Rules did not bar a former in-house lawyer from suing her employer-client for retaliatory discharge, treating the suit as a 'claim' under Rule…
Can a U.S. law firm make a foreign-licensed lawyer a partner without violating the rule against partnering with nonlawyers?
Yes, if the foreign lawyer belongs to a recognized legal profession. The opinion concluded U.S. lawyers could form partnerships in which foreign lawyers are partners or owners, treating qualified…
Can I represent new clients in a boundary dispute against a former client, when the disputed property is the same real estate I handled for that former client in an earlier divorce case?
No. The panel held Rule 1.9 barred the representation because the boundary dispute over the same real estate is substantially related to the earlier representation, so the former client's consent…
Could a judge write to another judge in support of the first judge's son's case?
West Virginia JIC Opinion 2001-17 prohibited the proposed support letter, while permitting the judge to provide information if subpoenaed to testify.
Could a family law master ride in a parade vehicle displaying the master's name and title?
West Virginia JIC Opinion 2001-16 permitted the described parade appearance and self-introduction if they stayed within former Canon 4's limits on extrajudicial activity.
Must a judge recuse when a close relative helps prepare a case without appearing as counsel?
Yes. The Commission held that a judge is disqualified when a relative within the fourth degree assists trial counsel in the same firm with preparing or trying the case, even without appearing in…
Does a law firm employment agreement requiring a departing lawyer to pay the firm a buy-out amount violate the rule against restrictions on the right to practice?
The opinion concluded that a buy-out provision requiring a departing attorney to pay the firm a set amount to recoup the firm's investment in training is not a per se violation of MRPC 5.6, because…
Can a client agree in advance to waive future conflicts of interest, and when is such an advance waiver valid under the D.C. rules?
The opinion concluded that advance waivers of conflicts are not prohibited but must satisfy informed consent: the less specific the waiver and the less sophisticated the client, the less likely it…
When could a judicial candidate begin fundraising for the May 2002 general election under the then-current Code?
The Committee concluded that Canon 5C(2) still applied after the election-calendar change, so fundraising could not begin until 180 days before the May 2002 election.
If someone sends a lawyer a letter hinting at confidences and then the lawyer is asked to take the opposing spouse's case, is the lawyer disqualified?
Not automatically. The opinion concluded the lawyer was not per se disqualified, but had to weigh whether confidential information was actually conveyed and proceed with caution, telling the wife…
Must a judge recuse because a lawyer in the case recently ran against the judge?
No, absent personal bias or prejudice or extraordinary circumstances reasonably calling impartiality into question. The Commission found the defeated opponent's appearance alone insufficient on the…
What did the Committee say about a judge testifying in a later perjury trial involving testimony heard in the judge’s earlier case?
Assuming the later trial was in another court, the Committee said a subpoenaed judge must follow the law and Judicial Code; it gave no broader approval of voluntary testimony.
May a lawyer defend a current client against a former client in a real estate claim unrelated to earlier document work?
The committee found no same-matter bar on the assumed facts; if the matters were substantially related and interests materially adverse, the lawyer needed proper consent, and confidentiality still applied.
Must a lawyer employed by a bank report another lawyer’s apparent use of IOLTA funds for overdrafts?
The committee said a lawyer with knowledge of substantial IOLTA misuse must initiate discipline unless Rule 1.6 bars disclosure of information learned as the bank’s lawyer without its consent.
May a probate judge receive a fee for a newspaper column explaining probate and court procedures?
On the committee's assumptions about educational content, reasonable pay, separate production, and no active law practice, compensation for the column alone did not violate the Code.
Can a lawyer who is also a licensed insurance agent sell annuities through the law firm to the firm's estate planning clients?
The opinion concluded that it is improper for a lawyer who is also a licensed insurance agent to sell annuities, for a commission, through the law firm to the lawyer's estate planning clients,…
Is an administrative hearing officer disqualified from a case after filing a grievance against the lawyer appearing before them?
The opinion concluded that an administrative hearing officer is not directly governed by the Code of Judicial Conduct, and is not disqualified from a matter merely because the officer filed a…
Can one lawyer represent all of a deceased worker's children, stepchildren, and surviving spouse competing for the same workers' compensation death benefits?
No, not all of them. The opinion concluded that the children and stepchildren have directly adverse interests because each beneficiary's share shrinks the others', so a lawyer cannot represent…
Does a lawyer in a Lawyer Assistance Program support group have to report another member's disclosure of misconduct to the State Bar?
No. The opinion concluded that Rule 8.3(c)'s confidentiality exception extends to communications in a LAP accountability group, so a lawyer-member has no duty to report another member's disclosures…
Can a North Carolina lawyer send a non-lawyer staff member to a calendar call to tell the court about a scheduling conflict?
Yes, if the non-lawyer only relays information and does not request or argue for any action. The opinion concluded that informing the court of a scheduling conflict is not the unauthorized practice of law.
Could an Illinois judge’s spouse host a political reception at their home, and could the judge attend?
Yes. The Committee allowed the spouse to host and the judge to attend, while barring the judge from sponsoring the event or lending the judge’s name or office to it.
Could an Illinois judge accept a Judicial Fellow membership from a bar group whose lawyers generally represented one side?
The Committee barred the membership because it might suggest favoritism, while allowing qualifying event attendance and complimentary legal publications under the former Code.
Could an Illinois judge recommend a lawyer for a township political organization’s board?
Yes. The Committee allowed a recommendation or reference based on the judge’s personal knowledge of the applicant, even though the position was with a political organization.
If a lawyer holds a client's durable power of attorney and the client becomes incapacitated, can the lawyer petition to have a guardian appointed and act as the lawyer in that proceeding?
The opinion concluded that a lawyer-agent may petition for a guardian without the client's consent only if the client is incapacitated, no less-restrictive alternative (including the power of…
If a lawyer is disqualified from a matter by a conflict of interest, can the lawyer still collect a referral fee for sending it to another firm?
The opinion concluded that a lawyer disqualified on non-consentable conflict grounds may not receive a referral fee, because the lawyer cannot assume the joint responsibility that fee division…
Can a lawyer team up with a nonlawyer company that markets and sells estate-planning kits through seminars and in-home visits, then refers buyers to the lawyer to finish the documents?
No; the opinion concluded the arrangement risks making the lawyer responsible for the company's unauthorized practice, misleading claims, and in-person solicitation, and strips the client of the…
May municipal judges contact legislators and court or bar committees about district-court restructuring, using official letterhead?
The Committee concluded that contacts about implementing Amendment 80 as it affected municipal courts fell within Canon 4 and found no reason to bar use of judicial letterhead.
May a judge running for election be a named beneficiary of a joint fundraiser with a candidate for register of wills?
No. The Committee says joint fundraising would publicly endorse the nonjudicial candidate, unlike simply attending another campaign event or appearing on the same ticket.
Is a judge disqualified from city appeals because the judge's daughter works for the city's law firm?
No automatic disqualification arose from the daughter's receptionist and secretary job. The Commission required a case-specific assessment, and said recusal would be required if she discussed the…
May a lawyer who occasionally sits as a municipal judge still represent clients in that court?
Yes, for the sporadic pro tempore service described. The Commission distinguished an on-call part-time judge and said the lawyer could not act as counsel in a proceeding in which he had served as…
Do a political party's campaign contribution and a caucus endorsement disqualify a judge from an officer's case?
No, if the judge could preside impartially on the facts given. The Commission distinguished the party's $259,700 contribution from a personal contribution by the litigant and found the party…
Does a prior recusal or ordinary acquaintance with a party require recusal in a later case?
No, on the facts presented. The earlier recusal arose from the judge's husband's stock in a corporation that was absent from the new case; her limited social acquaintance with the current parties…
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.