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 separate Arizona firms jointly advertise to Spanish-speaking clients and share a receptionist?
Opinion 01-09 permits a clearly identified group advertisement and shared receptionist who routes calls by practice area. It treats the employee as part of the lawyers' group rather than a separate…
If a lawyer in a firm is a part-time municipal judge, can the firm's other lawyers practice in that same court, as long as they never appear before the part-time judge?
The committee concluded that an associate or partner of a part-time municipal judge is not ethically barred from practicing in the court where the judge presides, so long as that lawyer does not…
Could an Arizona lawyer withdraw from an unfiled injury matter after the client disappeared?
Opinion 01-08 permits withdrawal where the client's disappearance makes representation unreasonably difficult, but requires reasonable efforts to locate and notify the client, warn of the…
Could an attorney mediator telephone Environmental Court litigants to explain mediation?
Opinion 2001-08 found no violation of Vermont Rules 7.3 or 5.7 when an attorney mediator contacted litigants within the court-supervised process to discuss mediation. The mediator represented…
When a personal-injury lawyer's spouse co-owns a chiropractic clinic and they share its profits, can the lawyer cross-refer with the clinic and represent its patients?
The committee concluded the lawyer may refer clients to the clinic only if the referrals are not a quid pro quo for referrals received (Rule 7.2(c)) and the lawyer discloses his financial interest;…
Could an Arizona firm pass interest on a line of credit for litigation costs to clients?
Opinion 01-07 permits passing on actual, commercially reasonable interest for borrowed litigation costs with advance written explanation and client agreement, subject to limits on lender interests,…
Can a South Carolina lawyer put a mandatory arbitration clause in a fee agreement with a client?
The committee found no hard South Carolina rule and noted other states are split; it concluded the preferable course is to reference the Bar's Resolution of Fee Disputes Board rather than a…
Could an Arizona court-appointed defense lawyer accept the county contract examined in Opinion 01-06?
Opinion 01-06 rejects the proposed contract because its low presumptive pay, mandatory assignments, difficult extra compensation, and county control create an unacceptable risk of curtailing…
May a Vermont lawyer arbitrate a case involving a current client represented by the lawyer in other matters?
Opinion 01-06 barred the lawyer from serving as a party-appointed arbiter when the insurer in the arbitration was an ongoing client, even though the lawyer did not represent it in that particular dispute.
Can a prosecutor use evidence a colleague obtained through a criminal subpoena issued before any arrest warrant or indictment?
The committee concluded that if procedural law does not allow a criminal subpoena duces tecum before an arrest warrant or true-billed indictment, the prosecutor who obtained it would violate Rule…
Could an Arizona law firm's website domain differ from its firm name, and what parts of Opinion 01-05 were later modified?
Opinion 01-05 permits a domain different from the firm name but bars misleading affiliations, including the proposed countybar.com. Its categorical rejection of a for-profit firm's .org domain was…
Could a paralegal sign a court pleading using a vacationing lawyer’s name and the paralegal’s initials?
Opinion 2001-05 said no: the procedural signature rule required the attorney’s own signature, and permitting the nonlawyer to sign raised Rules 5.3 and 5.5(b). It said the paralegal could instead…
After a firm unknowingly represented both sides in unrelated matters, can the firm keep suing the contractor for the church when the contractor uses the old conflict as settlement leverage?
The committee concluded no former-client consent was needed under Rule 1.9 because the church's construction suit was unrelated to the firm's prior workers'-comp defense of the contractor; but if…
What did Arizona Opinion 01-04 require when a client brought opposing counsel's apparently privileged documents obtained from a current employee?
The opinion says counsel should stop examining or using the documents, seek client consent to notify opposing counsel, and then follow counsel's disposition instructions or seek a court ruling.…
Must a Vermont prosecutor withdraw when the defendant sues the prosecutor in a frivolous civil case?
Opinion 01-04 allowed the prosecutor to continue a criminal case begun before the defendant's later civil suit. The committee found no connection between the prosecution and gaining an advantage in…
Can a lawyer pay an Internet service for leads, whether a flat monthly fee or a charge per click or referral, without violating the rule against paying for recommendations?
The committee concluded a lawyer may pay an open-to-all Internet service either a flat advertising fee or a per-hit charge, treating per-hit pricing as a measure of advertising effectiveness rather…
Could a Vermont lawyer who represented a retailer creditor later represent debtors who owed that retailer?
Opinion 01-03 barred the proposed debtor work on its facts because the lawyer held the retailer’s confidential valuation information and had neither established the retailer as a former client nor…
If a doctor sends a form letter claiming Rule 1.15 gives him a lien on a client's settlement, must the lawyer pay the doctor's bill out of the recovery?
The committee concluded Rule 1.15 does not itself create a lien for the physician; the Rules of Professional Conduct do not create substantive rights, so without a valid lien or assignment the…
Did Arizona ethics rules permit or require a lawyer to report suspected abuse of a vulnerable adult under the statute examined in Opinion 01-02?
The opinion says ER 1.6 does not ethically bar a disclosure the lawyer concludes A.R.S. § 46-454 requires, but the ethics rules do not themselves require a report. It leaves statutory duties and…
Could one Vermont lawyer represent both lender and borrower at a real estate closing?
Opinion 01-02 allowed joint representation when the lawyer reasonably believed neither client would be adversely affected or materially limited and both consented after timely consultation. It also…
Can a lawyer withdraw when a client stops paying and then discard the client's files if the client does not pick them up?
Withdrawal yes, discarding no. The opinion concluded the lawyer may terminate for a client's nonpayment or failure to communicate, but must take reasonable steps to avoid foreseeable prejudice, and…
Can a lawyer contact a former employee of a represented company ex parte to investigate a claim before suit, and get an affidavit?
The committee concluded Rule 4.2 does not bar ex parte contact with a former employee of a represented corporation, because a former employee is not a party and the company is not bound by what the…
Could an Arizona indigent-defense contract bar a lawyer from later representing appointed clients in related civil claims against the county?
Opinion 01-01 rejects the contract clause. ER 5.6(a) bars its restriction after the defense contract ends, while ER 1.8(f) bars the county as third-party payor from imposing the client-relationship…
May a Vermont lawyer meet a proposed ward who seeks alternative counsel without consent from appointed counsel?
Opinion 01-01 permits a lawyer with no other interest in the guardianship to meet a proposed ward seeking alternative representation without first obtaining appointed counsel's consent.
Must a law firm download a former client's electronic file from its computer system when the client asks for it?
Yes. The opinion concluded that when a client is entitled to file materials, the firm may not refuse to download them to disk if that can be done easily and without disclosing other clients'…
May a judge write local lawyers asking them to support a legal aid program?
No, for the proposed letter. The Commission treated the request for help as a solicitation of funds or services and found that sending it to local bar members would raise a question about the…
Could a judge-elect temporarily use a former law firm's office until court quarters were ready?
West Virginia JIC Opinion 2000-43 saw no problem with the short temporary office arrangement, while calling for recusal from former-firm cases and protection of court documents.
Could a judge-elect collect receivables and contingent fees from cases handled before taking the bench?
West Virginia JIC Opinion 2000-42 permitted collection of receivables and contingent fees for prior work, assuming written percentage agreements and clients' knowledge of the practice closing.
Can an Oklahoma-licensed lawyer who is board certified in Texas advertise that Texas certification in Oklahoma directories?
Probably yes. The committee concluded that Oklahoma's Rule 7.4 (which bars most specialty designations) likely would not survive a First Amendment challenge under Peel and related Supreme Court…
Can an insurance defense lawyer represent an insured when the insurer sends the lawyer's bills to an outside auditor?
No. The committee concluded that defense counsel may not agree to represent an insured knowing the insurer will send counsel's invoices to an outside auditor, because seeking the client's informed…
May a judge stay on the YMCA board when the court sometimes refers youths to its alternative program?
Yes, on the facts presented. The program had no comparable local competitor, referrals generated no fees, and the board set policy rather than running daily operations. The Commission cautioned that…
Does a judge remain disqualified from a lawyer's cases after a class action involving the judge ends?
No, on the facts presented. After the judicial-compensation class action ended, the Commission found no unusual circumstance continuing to call impartiality into question in other cases involving…
May a circuit judge serve on a board recommending use of local law enforcement grant funds?
Yes, under the proposed cross-sector advisory role. The Commission found the nonbinding funding recommendations aimed to improve justice administration and did not imply allegiance to police…
Could a judicial candidate's campaign committee raise funds to defend an election contest?
West Virginia JIC Opinion 2000-41 permitted the committee to raise funds to defend the election-contest petition as a continuation of the campaign under former Canon 5C(2).
May a North Dakota lawyer pay an out-of-state firm a percentage of fees for cases it refers through the internet?
The committee rejected the proposed agreement because the out-of-state firm assumed no joint responsibility under Rule 1.5(e). If it was not a law firm, the percentage payments would be…
Does an old partner’s former client or a promptly ended intake call disqualify a firm from adverse litigation?
On the facts supplied, the committee found no former-client or intake-call conflict because no related prior matter or usable confidences were shown and the call ended when the party’s name arose.
May a title company employ a salaried lawyer to prepare title opinions and deeds billed to buyers and sellers?
The committee said the proposed work would violate Rules 5.4(d) and 5.5(b) unless it concerned only the company’s own transactions or the company met the stated lawyer ownership and control conditions.
Can an Ohio law firm put client testimonials, client names, or links to its case opinions on the firm's website?
The opinion concluded that it was improper for a law firm website to include client testimonial quotations describing the firm's services, even with client consent, but that the firm could list a…
Can an Ohio lawyer pay an online lawyer referral service a registration fee plus a percentage of the legal fees earned from referred clients?
The opinion concluded that an Ohio attorney may pay an online lawyer referral service a membership or registration fee and a fee calculated as a percentage of the legal fee earned, provided the…
Can an Ohio lawyer offer financial planning services through the law firm to estate and business clients, and charge a percentage of assets managed?
The opinion concluded that the former Ohio Code of Professional Responsibility did not prohibit an attorney from providing financial planning services through the law firm to business and estate…
Can a plaintiff's lawyer make a settlement offer letting the plaintiff take an assignment of the defendant's bad-faith claim against the insurer in exchange for a covenant not to execute beyond policy limits?
Yes, as long as the offer is communicated in compliance with Rules 4.1 and 4.2. The plaintiff's lawyer does not act unethically just because the offer may create a conflict of interest for the…
Can a lawyer charge the client more for a contract lawyer's work than the lawyer paid for it?
It depends on how it is billed. The opinion concluded a lawyer could add a surcharge (profit) when a contract lawyer's work was billed as legal services, so long as the total fee was reasonable…
Can lawyers use websites to recruit class-action plaintiffs or bid on legal projects posted by clients, and what does D.C. require?
The opinion concluded that lawyers may use websites to seek class-action plaintiffs and to obtain work through legal-bidding sites, because D.C. has no special solicitation rules and treats all such…
Must a Mississippi lawyer report another lawyer's misconduct under Rule 8.3 even if the client objects, the other lawyer denies it, and it was already reported in another state?
The opinion concluded that if the information meets Rule 8.3's knowledge and substantial-question standard, the Mississippi lawyer must report Mississippi misconduct to The Mississippi Bar; the…
May a newly elected or appointed judge accept a robe from the judge's bar association?
The Committee concluded that a newly appointed or elected judge may accept a robe from a bar association and identified no particular ethical restraint on later gifts of robes upon reelection.
I'm suing a state agency and its employee. Can I contact other state agencies and employees directly, or does Rule 4.2 require me to go through the state's counsel?
The panel allowed the described records contacts with other agencies, subject to Rule 4.2's bar on contacting managerial employees or employees whose acts or statements could bind the State. It…
Does a lawyer, including a legal aid organization, have to tell the client about a significant error that could support a malpractice claim, and might the lawyer have to withdraw?
The opinion concluded that a legal services organization is held to the same ethical standards as any other law office, so it must report to the client a significant error or omission that may give…
Can a lawyer elected to a full-time constitutional regulatory office keep practicing law on the side, keep the firm name, or share post-election fees?
The committee concluded the answer to all three was no: the lawyer may not continue private practice, the office holder's name may not be used in the firm name (and a family member cannot be made…
When a lawyer is elected to a full-time constitutional public office, must the lawyer dissolve the law partnership, and what happens to fees and a shared office building?
The committee concluded the lawyer must dissolve the firm under an appearance-of-impropriety standard, may still collect a share of receivables earned before leaving (disentangling contingent cases…
Can a lawyer use a collection agency to pursue unpaid legal fees, and can the lawyer report the non-paying former client to a credit bureau?
The opinion concluded a lawyer may use a collection agency for unpaid fees after exhausting other reasonable efforts and revealing no more than necessary under Rule 1.6, but may not report a…
Must a family law master recuse when a spouse holds a clerical job at an agency involved in the case?
West Virginia JIC Opinion 2000-40 required disclosure if the spouse worked in the master's region, but called for disqualification only if the spouse directly worked on the case.
If a client dies before signing a will I drafted, can I testify at a deposition about who the client intended to name as beneficiaries?
No. The panel held the duty of confidentiality under Rule 1.6 survives the client's death, so the lawyer must invoke the attorney-client privilege and the confidentiality obligation rather than…
If a lawyer once served as city attorney and now defends city officials in suits the city or its insurer may have to pay, can the lawyer take a new client against the city in an unrelated matter?
It depends on capacity and who pays. The opinion concluded that if the officials are sued in their official capacity, or in their individual capacity but the city or its insurer would pay any…
Can a Maine lawyer join an online legal-services matching website that advertises the network, sets flat fees, and requires a no-withdrawal promise?
Yes, with limits. The opinion concludes a member lawyer is accountable for the website's false advertising and must treat its member-related ads as paid advertising, the listing is not a prohibited…
Can a law firm pay a non-lawyer employee a percentage of the fees from matters the employee referred, now that the rule allows profit-sharing compensation?
The opinion concluded that the 1999 amendment letting a firm compensate non-lawyer employees on a profit-sharing basis does not allow paying an employee a percentage of fees attributable to matters…
May judges give an interested party materials gathered while addressing a lawyer's possible misconduct?
The Committee concluded that the judges could not release those materials to an interested requester in the proposed format, although they could give relevant information to the Supreme Court…
Which ties disqualified a judge from a charitable-trust suit involving a college?
The judge was disqualified if the college whose advisory committee he served belonged to the beneficiary class or would likely be affected. Resigning would not remove that ground. His former YMCA…
What must a lawyer do when a client unexpectedly lies to or misleads the court, whether or not the client is under oath?
Counsel who knows a client has materially misled the court may not stay silent and keep representing the client; that is assisting a fraud on the court under Rule 3.3(a)(2). Counsel must first…
Can a lawyer whose firm has several associates practice under a name like 'The [Surname] Group'?
The opinion concluded that a lawyer named X whose firm includes a number of associates may practice as 'The X Group,' because the word 'group' simply signals that the named lawyer practices with…
Can a lawyer in an eminent domain case give the court-appointed commissioners ex parte material to influence their valuation while withholding it from opposing counsel?
No. The committee concluded that improperly influencing the commissioners' valuation, and concealing or contradicting evidence between the commissioners and opposing counsel, is unethical and…
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.