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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If a lawyer is both 'of counsel' to a firm and a solo practitioner, do fees the firm pays for clients the lawyer brings in count as a fee division requiring client consent?
No, for the of-counsel work. The opinion concludes a bona fide 'of counsel' lawyer is treated like a partner or associate, so sharing fees on firm clients the lawyer develops is not a fee division…
Does a nonlawyer judge violate the Code by filing a personal Chapter 7 bankruptcy petition after a former business fails?
The committee said a bankruptcy filing alone was not prohibited on the stated assumptions: the judge had not operated the business while judging, had no improper creditor dealings, and complied with…
Can an Ohio lawyer pay a commercial website that lists the lawyer's information for potential clients, and how is that different from paying for a referral?
The opinion concluded that an Ohio attorney must distinguish permitted payment for legal advertising under DR 2-101 from prohibited payment for a referral under DR 2-103(B): a fixed payment for a…
Could a newly seated judge finish serving as executor for a former client’s nearly closed estate?
West Virginia JIC Opinion 2001-09 said no under former Canon 4E(1); former law partners should complete the estate administration.
May a full-time judge accept a Judicial Fellow title from a trial-lawyers association?
The Committee rejected public, ongoing Judicial Fellow status with a one-sided litigation organization, while allowing free publications, convention registration, and speaking at its programs.
Can a lawyer send a letter to the opposing party about the case if they copy the opposing lawyer on it?
The opinion concluded that a lawyer may not send a written communication to an opposing lawyer's client about the subject of the representation without that lawyer's consent, and simultaneously…
If a third-party custodian tells a criminal defense lawyer that the client is violating release conditions, must the lawyer report it to the court?
The opinion concluded that the Alaska Rules of Professional Conduct did not require the attorney to report the custodian's information to the court, given the duty of loyalty to the client.
Can a plaintiff's lawyer contact represented defendants, by mail or at a deposition, to advise them of their right to separate counsel when their insurer-retained lawyer may have a conflict?
No. The opinion concludes Rule 4.2 bars a plaintiff's lawyer from communicating with represented defendants without their lawyer's consent, even to warn them of a possible conflict, and even in…
Can a lawyer interview a former employee of an opposing corporation ex parte, and can the lawyer ask about that employee's privileged communications with the company's counsel?
Yes as to the contact, no as to privileged communications. The opinion concludes Rule 4.2 (with Comment 4) lets a lawyer contact an unrepresented former employee of an opposing corporation, but Rule…
Could a magistrate attend community meetings about drugs and violence and answer criticism of the magistrate court?
West Virginia JIC Opinion 2001-08 advised against attendance and suggested contacting the State Bar’s judiciary-defense committee about public criticism.
May a judge and an appointed referee hear cases involving lawyers from the referee's former firm?
The judge could hear a case handled by a former partner if the referee did not participate. The judge had to keep the referee from matters involving former partners who worked on that matter and…
Is it ethical for a lawyer to bring in co-counsel from a judge's former law firm for the purpose of forcing the judge to recuse from the case?
Depending on the facts, it may be professional misconduct. Associating a lawyer from a judge's prior firm for the primary purpose of provoking the judge's recusal, especially after the judge has…
Can an insurer demand information from defense counsel that it could use to deny the insured's coverage?
The Committee concluded that it is improper for a law firm retained by an insurer to defend a policyholder to give the insurer case information the insurer could use to deny the policyholder's…
Can a lawyer disclose that a former or prospective client used the lawyer's advice to commit a fraud on a court?
The Committee concluded that where a former or prospective client used the attorney's advice to perpetrate a fraud on a court, the attorney may, at the attorney's discretion, disclose the…
What does Virginia's compendium advertising opinion say about actors, 'no recovery, no fee,' case results, trade names, referral services, and calling yourself a 'specialist' or 'expert'?
This is Virginia's consolidated guidance on lawyer advertising under Rule 7.1. It treats as misleading: undisclosed actors posing as lawyers, 'no recovery, no fee' when the client may owe costs,…
May a judge serve without pay on a community college board advising a legal-assistant program?
The Committee concluded that the described unpaid educational board service was permitted so long as it did not impair impartiality, demean judicial office, or interfere with judicial duties.
Could a part-time mental hygiene commissioner accept other court-appointed cases?
West Virginia JIC Opinion 2001-07 allowed other court appointments within former Canon 6C, but barred mental hygiene matters and proceedings related to cases the commissioner had handled.
Does a lawyer listing practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 2001-F-144(b) concluded that lawyers listing areas of practice on the Internet, including law directories and other public websites, had to…
What specialization-certification disclosures did a Tennessee lawyer advertisement have to include, and for which practice areas?
Vacated. As originally issued, Formal Ethics Opinion 2001-F-137(b) explained that under DR 2-101(C) a lawyer advertising a practice area had to include the precise certified, not-certified, or…
Could a senior-status retired judge serve without pay on a local gas cooperative’s board?
West Virginia JIC Opinion 2001-06 said former Canon 4D(3) barred the senior judge from serving as a gas cooperative director.
When must a judge disclose prior litigation or representation involving lawyers and co-defendants before the court?
West Virginia JIC Opinion 2001-05 required disclosure but found no automatic disqualification for prior litigation with a lawyer or a separate case involving a co-defendant; representation in the…
I share office space with two attorneys who are solicitors for a municipality. Can I appear before that municipality's zoning board even though their conflict would normally be imputed to a law firm?
Yes, on these facts. The panel held that because the three attorneys maintained separate, independent practices with no indicia of a joint firm, their office-sharing arrangement was not a 'firm'…
Can I send direct-mail advertising for my employment-law practice to companies that have had discrimination complaints filed against them with a human rights agency?
The panel held direct-mail solicitation is barred only toward employers currently represented by counsel on a pending agency complaint; employers with past complaints, or pending but unrepresented…
Must a university trustee judge recuse from a malpractice suit against doctors employed by its hospital?
Yes. Though the university was not a party, the case involved its hospital's employees and could reflect on the hospital or clinic, creating a reasonable question about the trustee judge's impartiality.
In Kentucky, may an insurance-defense lawyer agree to follow an insurer's case-handling guidelines (such as prior approval of discovery or research, billing caps, and reporting deadlines) when representing the insured?
The opinion concluded a lawyer may agree to insurer guidelines only if they do not interfere with the lawyer's independent professional judgment, the lawyer discloses them and obtains the insured's…
May judges' names appear as CASA judicial advisers on letterhead used for fundraising?
The committee said the names on CASA fundraising letterhead created an appearance of impropriety by implying leadership and fundraising involvement. It suggested asking CASA to remove the names.
Can a lawyer who is also a licensed insurance broker sell insurance products to the public and to her own legal clients?
The opinion concluded that a lawyer who is also a licensed insurance broker may sell insurance to the general public and to her own clients, but when selling to a client she enters a business…
Could a justice remain trustee of a family foundation and serve as trustee of a former client's foundation?
West Virginia JIC Opinion 2001-04 permitted continued service for the family foundation and trustee service for the former client's foundation, subject to former Canon 4C(3)'s restrictions.
Must a family law master recuse when a prosecutor spouse appears in a domestic violence proceeding?
West Virginia JIC Opinion 2001-03 required disqualification when the prosecutor spouse appeared; without direct involvement, it called for a case-specific inquiry under State ex rel. Brown v. Detrick.
Must a defense lawyer hired by an insurer follow the insurer's litigation guidelines, and can the lawyer send the insured's billing details to the insurer or an outside auditor?
The opinion concluded that a lawyer must not let an insurer's guidelines materially impair independent professional judgment for the insured, may disclose billing and work information to the insurer…
May a judge sign a scouting fundraiser letter to a city that regularly litigates before the judge?
No. The Commission rejected the proposed letter because it used the judge's title to request city funds and the city regularly appeared as a party before the judge.
May a successful judicial campaign keep its account open and seek contributions after election to pay outstanding campaign debt?
The committee allowed the account to remain open and additional contributions to pay existing campaign debt after the thirty-day period. Any excess funds after the debt is paid had to be returned or…
Can an Ohio judge appear in a spouse's campaign literature or allow the spouse's campaign signs on jointly owned property?
The opinion concluded that under the former Ohio Code of Judicial Conduct a judge whose spouse is running for office may appear in the family picture and be listed by name (with or without the title…
May a newly elected judge finish estate cases from a former law practice after taking office?
No. The Commission held that continuing as counsel even for cases expected to close within ninety days would violate Alabama Canon 5F's bar on practicing law after assuming the bench.
Does a litigant's allegation that a former city attorney judge likely knows disputed facts require recusal?
No, if the judge carefully determines that he has no actual personal knowledge of disputed evidentiary facts. The Commission said a mere allegation of likely knowledge does not itself trigger Canon…
Can a lawyer write a check from the attorney escrow account against a bank or certified check that has been delivered but not yet deposited or cleared?
The opinion concluded that a lawyer may not issue an escrow check drawn against an undeposited or uncleared bank or certified check, because doing so uses one client's cleared funds to cover another…
Can a law firm outsource its human resources and payroll to an outside employee-management company (a PEO or ASO) that becomes the staff's co-employer?
The opinion concluded that a law firm may contract out its human resources functions to an outside employee-management company, even one that becomes a co-employer of the firm's lawyers and staff,…
Can unaffiliated lawyers share office space and staff without forming a firm, and what ethics rules must they follow?
The opinion concluded that unaffiliated lawyers may share office space, staff, and equipment without forming a firm, but they must protect each client's confidences, preserve each lawyer's…
Can a lawyer accept a fee or commission for recommending a nonlawyer service provider to a client?
The opinion concluded that the rules did not flatly prohibit a lawyer from receiving consideration for recommending a nonlawyer's services to a client, but that a referral fee which in substance…
When may a new probate judge hear former wards' cases, and may he reappoint a former firm associate as conservator?
The judge could not hear former wards' or payees' cases for two years after the fiduciary relationship ended, or a previously litigated related matter, bias case, or case involving disputed-fact…
Can a divorce lawyer assert a statutory attorney's lien against property the client was awarded in the divorce, and does Rule 1.8(a) apply?
Asserting a statutory attorney's lien does not require satisfying Rule 1.8(a)'s business-transaction conditions, because the lien is a right granted by statute and is expressly allowed by Rule…
Must a judge recuse from a diocesan property dispute when the judge belongs to another parish in that diocese?
Yes, on the facts described. The Commission distinguished ordinary church membership from this dispute over a parish's relationship with its diocese and found a reasonable question about…
Can a North Carolina lawyer who is also a CPA run a combined law and accounting practice from one office and cross-refer clients?
Yes, within limits. The opinion concluded an attorney-CPA may offer both services and cross-refer with disclosure, but may not share legal fees with a CPA firm, must protect client confidences and…
Can a North Carolina lawyer notarize a document without witnessing the signers sign it or taking their acknowledgment, if the lawyer knows their signatures?
No. The opinion concluded that a lawyer acting as a notary must follow the legal requirements for acknowledgment; notarizing without a proper acknowledgment violates Rule 8.4(a) and (d), and…
Can a North Carolina lawyer sign a statement acknowledging a finance company's assignment of part of a personal injury client's recovery and agreeing to pay it from the proceeds?
Yes, with conditions. The opinion concluded a lawyer may acknowledge a valid assignment if it does not compromise independent judgment, the acknowledgment preserves the client's instructions where…
After a lawyer jointly represented spouses in a Chapter 13 bankruptcy and one disappears, can the lawyer keep representing the remaining spouse?
Often yes, but not always. The opinion concluded continued representation is not an actual conflict by itself, but becomes one if the spouses' debts conflict or the absent spouse's confidences would…
Can a former in-house lawyer who discovered company fraud disclose the company's confidential documents to prosecutors or use them in his own wrongful-termination suit?
Partly. The opinion concluded the lawyer may reveal confidences to prevent a future crime, but not for past conduct, and may use confidences in his own claims only as needed to give notice, and…
Does a lawyer who represents a trade association also represent its individual members, and when can the lawyer take a matter adverse to a member?
The opinion concluded that representing a trade association does not, by itself, create an attorney-client relationship with each member, so the lawyer is usually free to act adverse to a member;…
Could a new judge retain a real estate partnership with practicing lawyers who might appear in court?
West Virginia JIC Opinion 2001-02 required sale of the described partnership interest, suggested a lump-sum sale, and required recusal from partners' cases before the sale.
Could a new judge accept a written former-firm buyout with payments tied to fees from a pending case?
West Virginia JIC Opinion 2001-01 permitted the proposed written buyout, while requiring recusal from former partners' proceedings during payout and from any case while the civil action remained pending.
How long must a New Jersey lawyer keep a client's file after a matter is over, and when may the file be destroyed?
The opinion concluded that, absent an agreement fixing an earlier date, a client may assume the file will remain available for seven years after the matter is closed, after which it may be…
In a civil case, can a lawyer interview an independent contractor working for the opposing corporate party without the consent of the corporation's counsel?
The opinion concluded that a lawyer may communicate with an adverse corporate party's independent contractor without opposing counsel's consent unless the contractor has personally retained counsel…
Did Maine’s former judicial code permit a judge to work in a family Christmas tree business?
Yes, on the stated facts. The committee applied Canon 4D(3)’s family business exception, subject to limits against exploiting judicial office and frequent dealings with people likely to appear in court.
Did Maine’s former judicial code require a trial judge to report a nonlawyer’s crime revealed during trial?
Generally no. The committee found no Code reporting duty beyond Canons 3D(1) and (2) for judge and lawyer misconduct, while noting that the Code did not prohibit a report.
After mediating a divorce, can the lawyer-mediator draft and file the separation agreement and divorce papers for both spouses as joint clients?
The opinion concluded that a lawyer-mediator may draft and file the separation agreement and divorce papers for both spouses only when the mediation has fully succeeded, the parties are fully…
When a California lawyer learns material information during an unsuccessful initial consultation with a prospective client that would be useful to an existing client in an unrelated matter, must the lawyer disclose it to the existing client?
Per the opinion, no. The lawyer owes the prospective client a duty to preserve the confidentiality of information disclosed in an initial consultation, even when no engagement results. The lawyer's…
Must a lawyer produce a deceased client's undistributed power of attorney under a subpoena?
Only if the client consented while alive in a way covering the request, or a court orders disclosure after confidentiality is fully presented. The opinion calls for any court order to be specific…
May a lawyer post a consenting client’s testimonial on the firm website?
Generally yes. The opinion permits a client testimonial if the statements comply with Rules 4-7.1 through 4-7.5.
May a lawyer testify about a deceased client’s trust planning in a later trust dispute?
Only if a court orders disclosure after confidentiality is fully presented; the opinion says to seek a specific, limited order.
May a Missouri lawyer have an of-counsel relationship with a lawyer licensed only elsewhere?
Yes. The opinion permits the association but bars the other lawyer from practicing law while in Missouri unless appearing under Missouri Supreme Court Rule 9.03.
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.