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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How may a judge on a nonprofit board take part in fundraising events and appear on its website?
The Nebraska Judicial Ethics Committee allowed attendance, purchases, donations and behind-the-scenes planning under stated limits, but barred use of the judge’s title to recruit or solicit and said…
May an Illinois law firm's shareholder agreement require a departing partner (or that partner's new firm) to share 15% of fees generated at the new firm from clients originated by a retired partner of the old firm?
The opinion concludes no. Such a provision would violate both Rule 1.5(e) (the conditions for fee-sharing across firms cannot be met because the retired partner is providing no legal services and…
May a Florida-admitted lawyer with no Illinois bar admission send a demand letter to an Illinois business on behalf of an Illinois-resident friend in an employment matter?
Per the opinion, no on these facts. The committee concludes that sending a demand letter to resolve an Illinois dispute is the practice of law in Illinois, and none of the temporary-practice…
Can a lawyer encourage a client to talk directly to a represented opposing party, and how much can the lawyer help prepare for that conversation?
The opinion concludes that a lawyer may advise and even encourage a client to communicate directly with a represented opponent and may help the client prepare (objectives, talking points, draft…
Can a lawyer represent the executor of an estate and also represent a beneficiary of that estate, including jointly defending them in litigation?
The opinion concludes that representing the executor and a beneficiary in an unrelated matter is not a concurrent conflict, but jointly representing the executor and a co-beneficiary as…
Does reopening a dissolved judicial campaign only to report an advertising refund renew disclosure or recusal duties?
West Virginia JIC Opinion 2023-06 says this technical reopening alone requires neither disclosure of former committee ties nor disqualification from cases involving those members.
May a Maryland judge write a recommendation for a nominee to lead an executive branch agency?
Maryland Judicial Ethics Opinion 2023-05 bars the requested recommendation letters for gubernatorial cabinet nominees because they would function like voluntary testimony at a Senate nomination…
How long must an Alaska criminal-defense lawyer retain a former client's file, and may the lawyer use electronic storage?
The rules set no fixed retention period. The opinion concludes criminal files must be kept for a period tied to their likely future use, sometimes indefinitely, and permits secure, complete,…
May a judge keep appointing lawyers to cases when one lawyer is a judicial election opponent?
West Virginia JIC Opinion 2023-05 finds no automatic disqualification and permits normal appointments, but calls for disclosure in opponent and colleague cases, and treasurer cases while the lawyer…
Can a nonprofit legal aid lawyer solicit clients in person or by direct mail without the usual solicitation restrictions?
Yes, when the lawyer will receive no fee or remuneration. A nonprofit legal aid lawyer may solicit in person and may send direct mail to a served defendant without the pecuniary-solicitation…
Can a judge solicit local businesses to donate items used as rewards for a specialized-docket program?
No. A judge may not sign a letter soliciting businesses to donate items for a specialized docket, and may not direct court staff to solicit them, because a judge may not solicit contributions for a…
May Texas staff counsel employed by an insurance carrier represent an insured when the carrier weighs post-representation client and adjuster performance surveys in setting the lawyer's compensation and continued employment?
Per the Committee, yes: the Rules do not categorically prohibit such surveys. But the staff lawyer may not allow the survey system to interfere with the exercise of independent professional judgment…
Can a Nevada lawyer require a client or prospective client to sign a non-disclosure agreement before giving legal advice?
No. The Committee concludes a Nevada lawyer may not require a current or prospective client to sign an NDA as a condition for receiving legal advice, because the confidentiality duty exists for the…
Must a judge step aside from a grand jury matter because a parent was a business partner of one person 26 years earlier?
West Virginia JIC Opinion 2023-04 finds no disqualification or disclosure duty on the described former partnership and prosecutor recusal facts.
How long must a judge disclose that an appearing lawyer represented the judge in a completed personal injury case?
West Virginia JIC Opinion 2023-03 requires disclosure for one year after the representation ended or the lawyer received final payment, whichever is later.
May a magistrate serve on a local library scholarship committee?
West Virginia JIC Opinion 2023-02 permits the service if solicitation, fundraising use of the magistrate’s name and interference with judicial duties stay within the stated limits.
May a judge who prosecuted prior felony convictions arraign the defendant on a recidivist information?
West Virginia JIC Opinion 2023-01 permits the arraignment under the stated necessity and time constraints; if the judge stays on the matter, the former prosecution must be disclosed.
Can a New York lawyer who works only as a real estate broker, and provides no legal services, accept referral fees from an investment advisor?
Yes. The opinion concludes that a New York lawyer who provides only nonlegal real estate broker services, and gives the client a Rule 5.7(a)(4) written notice that the services are not legal…
Does a lawyer's YouTube channel offering general legal information count as attorney advertising in New York?
Not necessarily. The opinion concludes a lawyer may run a revenue-producing YouTube channel offering general legal information; it is not advertising unless its content is primarily about the…
May a Maryland judge attend the Governor-elect's inaugural ceremony and gala?
Maryland Judicial Ethics Opinion 2022-52 permits attendance at the public swearing-in and the described inauguration gala, subject to conditions on public confidence, apparent allegiance, judicial…
Can a New York lawyer form a law partnership with an Italian law firm whose lawyers are not admitted in the United States?
Yes. The opinion concludes a New York lawyer may partner with the Italian firm if, on independent inquiry, the lawyer is satisfied the Italian lawyers' training and ethical standards are comparable…
When a joint representation ends, must a New York lawyer give each co-client the other co-client's communications and documents from the file?
Yes for material from the joint representation, because co-clients are presumed to share it; but not for confidential information the lawyer received from one client before the joint representation began.
Can an elder-law lawyer hire a social worker to help with cases, given that social workers may be mandated reporters of abuse?
Yes. A lawyer may employ a social worker if the lawyer instructs and supervises the worker on the lawyer's ethical duties, but if the worker is a mandated abuse reporter the lawyer must inform the…
Can an Illinois corporation ask its in-house lawyer to sign an employment agreement with a non-compete as a condition of employment?
No. Offering or making an in-house employment agreement that restricts a lawyer's right to practice law after termination, such as a non-compete, does not comply with Illinois Rule 5.6. Restrictions…
A lawyer drafted wills for a married couple years ago; now the husband wants new documents disinheriting the wife, who has dementia. Is that a Rule 1.9 conflict?
No, on these facts. Drafting the husband's new documents is not 'substantially related' to the prior joint representation, requires no confidential information from it, and disinheriting a…
Can a self-represented lawyer contact an opposing party who is represented in the case but unrepresented in one role within it?
No. Rule 4.2's no-contact rule applies to a lawyer appearing pro se, and once a party is represented in a matter the lawyer may not contact them about anything in that matter, including a role for…
May a Nebraska lawyer refer a client to a life-insurance or financial-products agent and split the resulting commission?
No on the generic facts presented. The lawyer's commission interest conflicts with the client's need for independent advice, and referrals for life insurance, annuities, or similar products…
Does a very short radio-dashboard or online ad showing only a firm name, the word 'Call,' and a phone number have to include the lawyer's full name and office address?
No. Because the proposed text contains no substantive advertising statements, only the firm name, the word 'Call,' and the firm's phone number, it does not trigger Rule 7.2(d)'s name-and-address…
Can a lawyer take a referral fee from an investment advisor for sending the lawyer's clients to that advisor?
Not per se prohibited, but it creates a Rule 1.7 personal-interest conflict and is a business transaction with a client under Rule 1.8(a). The lawyer may proceed only after a case-by-case conflict…
May a Nebraska firm represent clients before an agency or commission led by a public official who remains associated with the firm?
Often yes if the official fully recuses, has no access to matter information, and receives no direct or indirect financial benefit. Representation is barred when recusal is impossible or ineffective…
Can a South Carolina lawyer have an out-of-state-only associate work on South Carolina cases without assisting the unauthorized practice of law?
Yes, within limits. An out-of-state associate may do temporary, non-court work on South Carolina matters if the SC lawyer actively participates and supervises, and may appear in court only via pro…
May Nebraska lawyers CC or BCC clients on emails to opposing counsel, and may receiving counsel use reply all?
CC requires the client's informed consent to disclose the email address; BCC is permitted but discouraged. CC creates a rebuttable presumption that opposing counsel may reply all within the initial…
Can a lawyer's fee agreement provide for the lawyer's hourly rate to be paid for time later spent testifying as a fact witness about the representation?
Yes. A lawyer may charge a reasonable hourly rate for future time spent responding to discovery or testifying as a fact witness about the representation, and so may include such a provision in the…
What are a California lawyer's ethical duties when working remotely or in a hybrid law-firm setting?
Remote practice does not change a California lawyer's ethical duties. Managerial lawyers must implement reasonable measures, policies, and practices to ensure compliance with the rules in a remote…
What must an Oregon lawyer do when staff or a bookkeeper steals client funds from the trust account?
The opinion concludes the lawyer must tell the affected clients under RPC 1.4, must obtain a conflict waiver under RPC 1.7 to keep representing them, and may restore the funds but cannot…
Can one lawyer represent both a corporation and its director defendants in a shareholder derivative suit?
Only sometimes. The opinion concludes joint representation is permitted when the claims amount to mere mismanagement and a disinterested corporate official consents, but is barred when there are…
May a West Virginia magistrate operate a part-time LLC selling consumer goods online?
West Virginia JIC Opinion 2023-08 has no objection to the described LLC if the court's Administrative Director approves it and the magistrate follows Rule 3.1, works on personal time and avoids…
May a newly elected full-time district judge chair a local bank and retain its stock?
The Committee said the judge must leave the bank chairmanship before taking office, but need not immediately divest stock. Frequent disqualification caused by the stock could require later divestiture.
Can an Alabama lawyer collect both a court-awarded fee and a contingency fee, and share court-awarded fees with a referring lawyer?
Yes to both, with limits. The lawyer may take a contingency fee and petition for a statutory fee award if the combined amount is not clearly excessive, and may share court-awarded fees with a…
Can a North Carolina lawyer let a vendor install a self-service kiosk in the law office, collect kiosk rent or per-client referral fees, and be listed in the vendor's marketing?
The lawyer may host the kiosk and be listed in the vendor's marketing if Rule 7.4 is met, but may not take any rent for the kiosk or a per-client referral fee, which create a nonconsentable personal…
Can a New York lawyer send a client's retainer agreement and invoices to a credit card company to fight a chargeback of legal fees?
Yes, but only if the material is not confidential, the client consents, or the lawyer reasonably believes disclosure is necessary to collect the fee; disclosure must be limited or redacted, and the…
Does a part-time county lawyer have a conflict of interest if his private practice requires him to subpoena a county department he does not represent?
No. The opinion concludes that separate county departments are treated as separate clients under Rule 1.7(a)(1), so subpoenaing a department the lawyer does not represent and that is separately…
May a judge hear cases involving and appoint a lawyer representing the judge’s secretary’s son?
West Virginia JIC Opinion 2022-32 finds no automatic disqualification, but requires disclosure in every case involving the lawyer and permits continued appointments under Rule 2.13.
May a part-time Alabama municipal judge represent someone who appeared before the judge in an unrelated case?
Opinion 22-954 permits a part-time municipal judge to represent that person in an unrelated matter, but bars the judge from acting as counsel in a proceeding the judge heard or a related proceeding.…
When must a part-time Alabama judge step aside for law-firm clients or opponents of DHR?
Opinion 22-953 requires disqualification when a current client of the judge or the judge's law partner appears. Former clients and DHR party opponents require the opinion's fact-specific analysis of…
If an out-of-state lawyer works remotely as full-time in-house counsel for a company based in Tennessee, must the lawyer register as in-house counsel or is that the unauthorized practice of law?
Formal Ethics Opinion 2022-F-168 holds that an out-of-state-licensed lawyer who works remotely as in-house counsel for a company with a presence in Tennessee is not engaged in the unauthorized…
Can a paralegal take or defend a deposition, and can an out-of-state lawyer take a deposition in Ohio?
A lawyer may not delegate taking or defending a deposition to a paralegal. An out-of-state lawyer may take a deposition in Ohio only under a Prof.Cond.R. 5.5 exception, and an Ohio lawyer may take…
Can a prosecutor prepare a judgment entry at a judge's direction and revise it without involving defense counsel?
A prosecutor may prepare a judgment entry at the court's direction, but should not make substantive edits at the court's later request unless opposing counsel is included, because doing so would be…
Can a New York lawyer partner with a U.K. solicitor who also belongs to a U.K. firm with nonlawyer owners, and may the two firms co-brand and share fees?
Yes, with conditions: Rule 7.5(d) allows the cross-border partnership, the solicitor's separate U.K. ABS membership alone does not violate Rule 5.4, but co-branding cannot mislead the public and fee…
Can an Arizona lawyer reveal confidential information to respond to a former client's negative online review?
Sometimes. Departing from the ABA majority, the opinion concluded that a lawyer may reveal confidential information to the extent reasonably necessary to rebut a former client's online accusation of…
May a mental hygiene commissioner also serve as an assistant prosecutor in another county?
West Virginia JIC Opinion 2022-31 says the two offices cannot be held concurrently, even in different counties and circuits, under Article VIII, section 7 of the state constitution.
When must a district judge recuse from proceedings involving rulings made by the judge’s county judge sibling?
Nebraska Judicial Ethics Committee Opinion 22-2 requires recusal when the district judge reviews the sibling’s rulings, including appeals, pleas in abatement and search warrants. It distinguishes…
May a Maryland judicial law clerk represent pro bono clients or advise clinic visitors?
Maryland Judicial Ethics Opinion 2022-44 says a judicial law clerk may not provide pro bono services involving the practice of law, including clinic advice or representation, but may do non-practice…
When does one Indiana lawyer's conflict disqualify the lawyer's current, former, or new firm?
A firm generally shares its lawyers' current and former-client conflicts, subject to personal-conflict, consent, and specified migratory-lawyer screening exceptions. Departing-lawyer matters remain…
Can a New Hampshire lawyer who is actively practicing law also run a law-related business, such as a real estate brokerage, under Rule 5.7 without violating the other Rules of Professional Conduct?
The opinion concludes a lawyer may provide law-related services under Rule 5.7 and be relieved of some Rules only if the services are kept distinct from the lawyer's legal practice or the customer…
My immigration client's former employer wants to withdraw the affidavit of support his application depends on. Must I tell USCIS?
Yes. The panel concluded the lawyer must promptly notify USCIS that the former employer wishes to withdraw the affidavit of support. The duty of candor under Rule 3.3, and the duty not to pursue an…
As town solicitor, can I represent the town council, zoning board, and a committee at once in a variance application where the committee seeks relief the zoning ordinance bars?
No. The panel concluded it is a non-waivable concurrent conflict under Rule 1.7 for the town solicitor to represent all three municipal entities in the variance application, because the Recreation…
Can a New York lawyer charge a minimum fee for a defined legal service, and when does it become a prohibited nonrefundable fee?
Yes. The opinion concludes a minimum fee is permitted if the engagement letter explains in plain language how it is calculated and incurred and the fee is reasonable and not excessive; an unearned…
May a Connecticut lawyer who is retired, permanently retired, or inactive receive referral fees for new matters referred after leaving practice?
No. Referring a matter in the lawyer's capacity as a lawyer is a legal service, and none of the three statuses permits compensated post-retirement referrals.
Can a lawyer secretly listen to and coach a client during the client's phone call with someone the lawyer knows is represented by another lawyer?
No. The opinion concludes that a lawyer who coaches a client during the client's call with a represented person about the subject of that representation violates Rule 4.2 by communicating through…
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.