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 pass surplus class-action attorney fees to the injured class members or donate them to charity?
The opinion concluded that a lawyer may distribute fees from a fund designated as attorney fees to damaged class members, or to charity, provided there is no prior fee-sharing agreement and no…
When a lawyer also serves as a part-time Complaint Justice and unknowingly issues a search warrant against his own client, can the ethics committee decide whether that violated the conflict rules?
The Commission declined to decide. It held it lacked jurisdiction to rule on the Grievance Commission's authority and could not make the factual findings the conflict question required, but it…
Could a magistrate put a telephone-number list and judicial title on a restaurant placemat?
West Virginia JIC Opinion 2001-15 allowed the list and the magistrate's name on the placemat, but prohibited identifying the office or using other judicial identification.
Could a judge negotiate to buy a car from a recently divorced former litigant?
West Virginia JIC Opinion 2001-14 said the judge should not negotiate to buy the car from the former litigant, who might return to the judge's court.
Must a family law master report a contingent fee received after leaving private practice?
West Virginia JIC Opinion 2001-13 required the family law master to report the partial contingent fee recovery received after taking the bench.
Can a firm handle a divorce when one associate is the client’s son-in-law and may be a witness?
The committee left the conflict determination to counsel; if the associate had a conflict, it would reach the firm, and screening him from the matter would not cure it.
Can a Kentucky lawyer share office space with a business or professional that is not engaged in the practice of law?
The opinion concluded a lawyer may share office space with nonlawyers, modifying an older flat ban, but only if the layout and operation safeguard client confidentiality, preserve the lawyer's…
Is it ethical for a lawyer to secretly record a conversation without telling the other party?
Not necessarily improper. The opinion rejected the flat ban of Formal Opinion 337 and concluded that secretly but lawfully recording a conversation did not by itself violate the Model Rules, though…
Must a judge recuse from a lawyer's cases because that lawyer rents office space to the judge's son?
No. The Commission found no disqualification from the proposed lease alone where the attorney and the judge's lawyer son had separate offices and presented themselves separately.
Can a law firm take out a bank loan to advance litigation expenses in a contingent-fee personal injury case and deduct the loan interest from the client's recovery?
The opinion concluded that a law firm may obtain a third-party loan to advance the expenses of litigation in a contingent-fee personal injury matter and deduct the loan's interest and costs from the…
If I am elected district attorney, can I prosecute someone I previously defended as their criminal defense lawyer?
The Committee concluded a newly elected DA may not prosecute a former client's probation revocation in a case the lawyer defended (regardless of consent), may not prosecute a former client in a new…
When a lawyer leaves private practice to join the government, what duties does the lawyer still owe to former private clients?
The opinion concluded that a lawyer who leaves private practice for government service continues to owe former clients confidentiality under Rule 1.6 (not to reveal or use their confidences and…
When a lawyer handles several lawsuits for one client under a single retainer, can the lawyer agree that recoveries from the winning cases will cover the litigation costs of the losing cases?
The opinion concluded that the arrangement is permissible so long as the client remains ultimately responsible for all litigation expenses; the lawyer may agree to pay the costs of unsuccessful…
When a union's lawyer handles an arbitration involving a union member, does the lawyer owe confidentiality to the individual member or only to the union, and can the lawyer circulate the arbitrator's decision?
The opinion concluded that when the member is the party to the arbitration the lawyer represents the member and must protect the member's secrets; when the union is the party under a collective…
Does a lawyer have to report a non-client third party's violation of law that the lawyer learned about while representing a client?
The opinion concluded that the Code imposes no duty to report a non-lawyer third party's violation of law where no other lawyer and no tribunal is involved, and that the lawyer may in fact be…
Can a lawyer join a business networking group whose members are required to refer clients to one another?
The opinion concluded that a lawyer may not participate in a business networking organization that requires members to refer clients to, and accept referrals from, other members in exchange for…
After a lawyer leaves a firm, may the lawyer contact former tax clients and must the firm provide requested electronic client data?
The committee applied the conduct rules to the lawyer’s tax business, allowed truthful targeted mailings, and said requested electronic client-file information must be provided electronically; it…
What work may a suspended lawyer do as a legal assistant, company counsel, guardian ad litem, or mediator?
The committee permitted supervised legal-assistant work within stated limits, barred corporate legal services and two specified guardian roles, and allowed roster-qualified mediation while declining…
May a lawyer defend a parent against an adult daughter after representing that parent in the parents’ divorce?
On the facts presented, the committee allowed the defense: the daughter had not been the lawyer’s client in the divorce, and an earlier employment discussion established no presumed conflict.
Could a judge give a welcome at a MADD training event for officers and victim advocates?
Nebraska Ethics Opinion 01-1 declined a definitive answer without the speech and event details; it said a limited welcome might be possible if it did not imply endorsement or cast doubt on impartiality.
Could a judge serve on a wish-granting charity's advisory board?
West Virginia JIC Opinion 2001-12 permitted service on the charity's advisory board so long as the judge did not solicit funds or use judicial prestige for that purpose.
Can a Colorado lawyer take an equity or ownership stake in a client company, either in place of cash fees or as an investment?
The opinion concluded that the Colorado Rules do not prohibit a lawyer from acquiring an ownership interest in a client, in lieu of a cash fee or as an investment, so long as the lawyer satisfies…
Does resignation from a college advisory committee end recusal in litigation involving a trust benefiting the college?
No, for the trust case described. The Commission kept its recusal conclusion after resignation, applied recusal to accountings of that trust concerning the judge's committee service period, and…
Must a judge recuse from a paternity case after the judge's spouse represented a party in related custody litigation?
Yes, under the specific facts presented. The Commission found a reasonable question about impartiality despite the spouse having withdrawn from the earlier divorce and custody case.
Must a judge recuse if the judge's judicial assistant works part-time for an appearing lawyer?
Yes. The Commission held that an assistant's part-time work for an attorney or firm representing a party would reasonably call the judge's impartiality into question in that lawyer's or firm's cases.
May a disqualified probate judge appoint a temporary judge to hear the affected cases?
No. The Commission applied Ex parte Jim Walter Homes and held that the judge could not appoint temporary judges for cases from which he was disqualified. It did not decide the legal procedure for…
As a former state agency lawyer now in private practice, can I represent private clients bringing the same type of statutory claims against my old agency, as long as I wasn't personally involved in their specific cases?
Yes. The panel held Rule 1.11 bars a former government lawyer only from the particular matters they personally handled, so representing clients in the same kind of case is permitted, though Rule…
My client's predecessor counsel withdrew from a contingency case and is now claiming a lien for a third of a rejected settlement offer. Do I have to hold that amount in escrow while we dispute it?
Yes. The panel held predecessor counsel is entitled only to quantum meruit, not a share of the rejected offer, but Rule 1.15 requires the successor attorney to protect the disputed amount by…
When legal aid lawyers move to a different legal aid office, may the old office share confidential client information so the lawyers can run conflicts checks?
The opinion concludes yes. Confidential information from intake and representation is imputed to the lawyers who moved, regardless of whether they remember it or formed an attorney-client…
Can an estate-planning lawyer who is also a licensed insurance agent earn a share of the commission on a policy he recommends to fund the client's insurance trust?
The opinion concludes yes, if the lawyer follows Rules 1.7 and 1.8. Taking a commission on the policy is not per se improper, but the lawyer's insurance-agent interest creates a Rule 1.7(b) conflict…
Can a collections lawyer tell the opposing side that he will advise his client to pursue criminal charges, and that repayment will not stop them, without making an improper threat?
The opinion concludes the letter here does not by itself violate Rule 3.4(h). A lawyer may advise his own client about possible criminal prosecution (Comment 5), and because this letter said the…
Can a lawyer pay a government referral or schedule program a percentage of legal fees without it being improper fee-sharing with a non-lawyer?
The opinion concluded that a lawyer may participate in a federal GSA schedule program that requires remitting one percent of the legal fees earned through the program to fund it, and that this does…
Can a lawyer charge an annual fee for estate planning and asset-protection work calculated as a percentage of the value of the client's assets?
Only in extraordinary circumstances. A percentage-of-assets annual fee must satisfy Rule 1.5's reasonableness factors; because estate-planning work is not normally billed that way and the fee is not…
Could a judge vote on a state authority studying county courthouse facilities?
West Virginia JIC Opinion 2001-11 permitted the judge to serve as a voting member of the Courthouse Facilities Improvement Authority.
Is it an improper threat for a lawyer to warn opposing counsel that continued ex parte contact with his client could lead to criminal charges?
The opinion concludes the letter does not by itself violate Rule 3.4(h). Under the committee's two-part test it is a threat, but on its face its purpose was to stop the opposing party's direct…
Can a nonprofit lawyer referral service run by a local bar association charge participating attorneys a percentage of the fees they collect, instead of a flat fee?
Yes. The opinion concludes a nonprofit bar-run referral service may charge a percentage fee, treating it as the usual and reasonable fee of a referral service under Rule 7.3(d) rather than…
Could a D.C. judge hear a case involving the District when the judge's spouse was Corporation Counsel?
D.C. Judicial Conduct Opinion No. 9 concluded that the judge should recuse from District litigation while the spouse served as Corporation Counsel, including neglect reviews. Under the Code then in…
Can a lawyer bill in rounded standard time units, like 15 minutes, regardless of the actual time spent on a task?
Yes, with limits. Under Georgia FAO 01-1, a lawyer may bill in standard time units only if the resulting fee is reasonable under Rule 1.5(a) and the lawyer clearly communicates the standard-unit…
Can a trade association's general counsel recommend an outside lawyer to members and round up other members for a joint lawsuit against a common supplier?
The Committee concluded that, on these facts, a trade association's general counsel could recommend qualified outside counsel and inform members of joint litigation against a common supplier without…
Can I take a referral fee from an investment adviser for sending my client to them, paid as a percentage while the client stays invested?
The Committee concluded that a lawyer's receipt of ongoing solicitation fees from an investment adviser, paid while the lawyer's client keeps using the adviser, violates Rule 1.06(b)(2) because the…
Could an Illinois judge speak about parenting at a church service with no fundraising?
Yes. The Committee found that a nonlegal talk on parenting and family issues, without fundraising or issues likely to come before the court, fit the former Code’s limits.
Could an Illinois judge be honored at a civic organization’s fundraising dinner if invitations omitted the judge’s name?
No. The Committee read former Rule 65B(2) to prohibit a judge from being a guest of honor at a civic fundraiser even without the judge’s name in promotions.
Could an Illinois judge receive a public-service award at a dinner where pledge cards were distributed?
No. The Committee treated the judge as a guest of honor and the dinner as primarily a fundraiser, despite ticket prices covering only meals.
Could an Illinois judge accept a nonprofit’s honor when its caseworkers regularly testified before the judge?
No. The Committee found that even a nonfundraising honor could reasonably undermine confidence in impartiality when the group’s employees regularly appeared as advocates before the judge.
Must an Illinois judge recuse when the judge’s spouse’s law firm will receive a referral fee from a case?
Yes if the spouse’s interest in the fee is more than de minimis and could be substantially affected by the case; the Committee called for a case-specific assessment.
Which former-firm cases required an Illinois judge’s disqualification?
The Committee required recusal from matters pending at the firm during the judge’s association, firm cases within three years, and cases involving former clients the judge represented within seven…
May a judge write a paid recurring legal-information column in a commercial national magazine?
No, on the proposed facts. The Committee found that a recurring judge-branded column in an advertising-heavy commercial publication could lend judicial prestige to the publisher and imply…
Can a North Carolina lawyer disburse a personal injury settlement from the trust account before the insurance check has actually cleared?
Generally no. The opinion concluded RPC 191 applies to all trust disbursements; a lawyer may disburse against provisional credit only for the limited instrument types in the Good Funds Settlement…
Can a North Carolina law firm hire an outside management company to run its administration and employ its non-lawyer staff?
Yes, but with limits. The opinion concluded the arrangement is not barred per se, provided the company cannot direct the lawyers' professional judgment, the lawyers keep their confidentiality and…
When a client got a discounted rate through a legal services plan, can the lawyer's fee petition recite the lawyer's full rate instead of the discounted rate actually charged?
No. The opinion concluded the fee petition must recite the discounted hourly rate actually charged; under Rule 3.3(a)(2) the lawyer cannot present the full rate, though he may explain the discount…
Can a lawyer email confidential client information over the Internet without encryption?
The opinion concluded that an attorney may transmit information about a client by encrypted or unencrypted email over the Internet without violating HRPC 1.6(a), because email affords a reasonable…
Do an alleged friendship, small campaign donations, shared political party, and law school require recusal?
No, under the facts presented. The Commission found no disqualification from the unfounded friendship claim, two $100 donations, shared party affiliation, shared law school, or their combined effect…
Can a lawyer use the firm name 'A' or place the letter 'A' in front of the firm name in a Yellow Pages ad to get a more prominent listing?
The opinion concluded that a lawyer may not use 'A' as a firm name or insert the letter 'A' before the firm name to secure favorable Yellow Pages placement, because doing so turns the firm name into…
Can a Michigan judge set the 'bail' amount in a Jail-and-Bail or Lockup-for-Charity fundraising event?
No. Setting the target 'bail' amount a person must raise for charity is a direct solicitation of funds using the prestige of judicial office, which the Code does not permit.
Could a judge preside over a mock arson trial for firefighter and police training?
West Virginia JIC Opinion 2001-10 permitted the mock trial but cautioned against comments revealing predisposition to such cases and cited the restriction on comments about pending proceedings.
May a magistrate judge rent space to providers receiving the court's anger-management and driver-improvement referrals?
The committee said the rental relationships could create actual or apparent partiality in sentencing and referrals. It directed the judge to investigate divestment and proceed when it could be done…
Can one lawyer work as a city prosecutor and a county public defender at the same time when the jurisdictions overlap?
No. The opinion concluded the dual role created a non-consentable Rule 1.7 conflict, because a criminal defendant's interests are adverse to the law-enforcement authority and a disinterested lawyer…
If a lawyer takes a matrimonial case at a reduced rate through a bar referral service, can the lawyer still ask the court to award fees from the other spouse at the lawyer's full customary rate?
The opinion concluded that a lawyer who represents a low- or moderate-income matrimonial client at a reduced fee may include in the retainer a provision contemplating an application to the court for…
Can a lawyer refer real estate clients to a title abstract company in which the lawyer's spouse has an ownership interest?
The opinion concluded that a lawyer may not refer a real estate client to a title abstract company owned in whole or part by the lawyer's spouse for anything beyond purely ministerial abstract work;…
When an attorney is in-house counsel for a mortgage broker and handles all of the broker's real estate closings, who is the client and is there a conflict of interest?
The opinion concludes the mortgage broker (the attorney's employer) is the client in those closings; there is no conflict with the other parties as long as the attorney represents only one party,…
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.