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 a magistrate continue operating an insurance agency after election?
West Virginia JIC Opinion 2000-39 allowed the magistrate candidate to continue participating in his insurance business, but said he should not hear policyholders' cases or solicit business from…
Could family law masters publicly advocate for the Unified Family Court Amendment?
West Virginia JIC Opinion 2000-38 said the family law masters' and Family Court Association's proposed advocacy for the Unified Family Court Amendment was permissible under former Canon 4.
Could a senior judge answer a public forum survey about issues likely to come before courts?
West Virginia JIC Opinion 2000-37 said the senior judge's completion of the survey and participation in the forum discussions could compromise Canons 1 and 2 because they required positions on…
Can an insurance company require the defense lawyer it hires for an insured to always appeal, demand a jury, or refuse mediation, even against the insured's interest?
Formal Ethics Opinion 2000-F-145 concluded that a defense lawyer retained by an insurer to represent an insured may not accept conditions directing trial strategy (always appealing adverse General…
What did withdrawn Alabama Opinion 00-763 say about a judicial candidate questionnaire?
The withdrawn 2000 opinion said candidates should decline all questions on the specific voters-guide questionnaire. The official PDF marks the opinion withdrawn on July 19, 2002, so its original…
May a circuit judge serve as a public consumer member of a physician certification association's board?
No. The Commission held that board service would adversely reflect on the judge's impartiality and conflict with judicial duties because physician certification could bear on medical liability…
Must a judge recuse when a former election opponent or the opponent's supporters appear as lawyers?
No, absent personal bias, prejudice, or extraordinary circumstances reasonably questioning impartiality. The Commission rejected recusal based solely on the lawyers' election roles and the disputed…
Can I volunteer as the court's 'attorney of the day' if I am paid only when the defendant pleads guilty that day?
The Committee concluded a lawyer may not volunteer for a court 'attorney of the day' program in which the lawyer earns a more-than-nominal flat fee only if the defendant pleads guilty that day,…
If my client's lawyer prepared a defective QDRO and won't fix it after I flag it, do I have to report them to the bar?
The Committee concluded the divorce lawyer must prepare the QDRO competently and correct material defects once flagged (Rule 1.01); the employer's reviewing lawyer must report the failure under Rule…
Can I follow my insurance-company client's litigation and billing guidelines when I am defending the insured?
The Committee concluded that defense counsel retained by an insurer may not agree to insurer litigation or billing guidelines that direct or regulate the lawyer's independent professional judgment…
Can my insurance-company payer require me to send my fee statements to its third-party auditor without my client's consent?
The Committee concluded that a lawyer retained by an insurer to defend an insured may not, without the insured's informed consent, submit fee statements describing the legal services rendered to the…
Could a judge donate rent-free office space to a political party for an election headquarters?
West Virginia JIC Opinion 2000-36 allowed a judge to donate office space to a political party as an in-kind contribution, provided the donation complied with election law.
May a judge accept a scouting award and be named on an invitation selling dinner tickets?
Yes, on the stated facts. The judge could accept the Distinguished Eagle Scout Award and appear by name on the invitation because he would not solicit ticket or advertisement sales and the annual…
How does a family wrongful-death suit against a hospital affect a judge's other cases?
The judge was disqualified from medical liability cases involving the hospital and cases involving lawyers in the family suit. The Commission generally excluded their uninvolved firm colleagues and…
May a California lawyer use an initial engagement agreement that waives the lawyer's fee if the client agrees not to accept any settlement confidentiality clause, but provides for the lawyer's full reasonable fee if the client does accept one?
Yes. Per the opinion, the arrangement does not unlawfully restrain settlement because the client retains the right to settle on any terms and, if a confidentiality clause is accepted, owes only the…
Can a lawyer put a mandatory binding-arbitration clause in a retainer agreement covering fee, malpractice, and other disputes?
Yes, with conditions. The committee concluded that nothing in the Rules prohibits a mandatory arbitration clause covering fee disputes, malpractice, and other claims under the retainer, provided the…
Can a lawyer report a client or former client to a credit bureau to collect an unpaid legal fee?
The opinion concluded that an Alaska attorney may not refer information about a present or former client to a credit bureau without the client's knowing consent, reaffirming Ethics Opinion 86-3.
Could a part-time juvenile referee represent a prosecuting attorney candidate in a malpractice case?
West Virginia JIC Opinion 2000-35 allowed the referee to take the candidate's case if he complied with disclosure and recusal duties; if the candidate became prosecutor, disclosure was required and…
Did the Code itself resolve whether a judge could continue sentencing people to a jail he believed deficient?
The Committee distinguished judicial misconduct from legal error and left the case-specific determination to the judge; it said lawful alternative sentencing could be used if he judged jail…
When a former client asks for a complete copy of the file, can the lawyer charge for the search and copying costs?
The lawyer may charge reasonable costs to search for and reproduce information the client is entitled to access; the client's right is generally one of access, not ownership, and who owns the file…
When a lawyer jointly represented a married couple who are now divorcing, who is entitled to the joint client file?
Both former joint clients are entitled to the joint file. The panel held the lawyer should give each spouse a copy (withholding the lawyer's own work product) and hold the original in escrow until…
Can a lawyer who represents lenders or borrowers in real estate deals pay the firm's employees to steer those clients to a title insurance agency the lawyer owns?
The opinion concluded that a lawyer may not compensate the firm's employees for soliciting clients or other parties to engage a title insurance agency the lawyer owns, because the lawyer could not…
Can a plaintiff's lawyer agree, as part of a settlement, to broad confidentiality terms that would effectively keep the lawyer from representing other clients against the same employer?
The opinion concluded that a lawyer may not agree to settlement confidentiality terms so broad that they would restrict the lawyer from representing future clients by barring use of information not…
Could a judicial candidate attend committee-run roast and golf tournament fundraisers?
West Virginia JIC Opinion 2000-33 found no Canon 5C(2) violation in the described roast and golf fundraiser because the campaign committee handled ticket and entry-fee sales without the candidate's…
Can a lawyer take an ownership stake in a client company instead of charging fees, and what does D.C. require?
The opinion concluded that taking equity in a client as compensation is permissible if the fee is reasonable under Rule 1.5(a), and if the lawyer satisfies Rule 1.8(a) (the deal is fair, fully…
Can a North Carolina lawyer let a paralegal conduct a residential real estate closing without the lawyer present?
No. The opinion held a non-lawyer may not close a residential transaction because the closing conference involves giving legal advice, though a paralegal may oversee execution of documents with the…
Can a government lawyer's investigator interview lower-level employees of a represented company without the company lawyer's consent?
Yes. The opinion concluded the no-contact rule did not bar informal interviews of non-managerial employees who could not bind the represented organization or make admissions for it, even without the…
Can a North Carolina lawyer charge a flat fee in advance and call it nonrefundable, keeping it even if the representation ends early?
No fee is truly nonrefundable. The opinion concluded a lawyer may take a flat fee into the operating account if the client agrees it is earned when paid, but must refund any portion that is clearly…
Can a North Carolina lawyer answer legal questions posted by the public on a company's website message board?
Yes. The opinion concluded a lawyer may respond to inquiries on an Internet message board if the lawyer clarifies the nature of the relationship and the limits of the information provided, states…
Must a judge recuse from a lawyer's cases after finding that lawyer in criminal contempt?
No automatic recusal followed from the contempt finding or appeal. The Commission said recusal would depend on actual bias concerning a party or circumstances reasonably questioning impartiality,…
May a judge hear a case where a court-appointed child-support referee appears as a lawyer?
No. The Commission held the judge disqualified because the referee regularly assisted the judge and held a position of close trust, making impartiality reasonably questionable when the referee…
May a judge decide bond issues when the judge's paralegal owns the company that issued the bond?
No. The Commission held the judge disqualified from adjudicating any issue involving a bond issued by the paralegal's company, even though she assisted only with the civil docket and did not…
Can a firm represent a class-action plaintiff and also represent one class member in a separate tort suit against the same defendant?
The opinion concluded that a firm could take on both representations, because the two clients sought the same relief on the same side of the transportation issue, so neither representation was…
Can a North Carolina lawyer disclose that a former client concealed assets in a bankruptcy filing the lawyer did not handle?
Only within the Rule 1.6 exceptions. The opinion concluded the lawyer may not reveal a former client's confidences unless an exception applies; mere suspicion is not enough, but if the lawyer knows…
Can a North Carolina lawyer bill the client for the time spent responding to a fee dispute petition filed with the State Bar?
No. The opinion concluded that participating in the State Bar's fee dispute resolution program is not a legal service and is a mandatory professional responsibility, so a lawyer may not charge the…
Can a North Carolina lawyer run a TV ad suggesting insurers settle claims quickly just because of the lawyer's reputation?
No. The opinion concluded a television ad dramatizing insurance defense lawyers deciding to settle a claim solely because of the plaintiff's lawyer is misleading, because it creates unjustified…
Can a Florida lawyer offer legal services to clients over the internet?
The opinion concluded a lawyer could provide legal services over the internet, through the lawyer's own law firm, for matters not requiring in-person consultation or court appearances, subject to…
Can an attorney serving as a guardian ad litem communicate ex parte with the judge about the case?
No. The opinion concluded that a guardian ad litem is an advocate for the ward, not an adviser to the court, so the same Rule 3.5 ban on ex parte communication that applies to any lawyer applies to…
May a subpoenaed judge give character-witness evidence by affidavit instead of live testimony?
The Committee said a judge's self-written character affidavit could conflict with Canon 2B despite a subpoena; absent exceptional circumstances, it preferred oral testimony before the fact-finder…
Can a lawyer let clients pay their legal fees with a credit card?
Yes. The opinion withdrew four older opinions that had restricted credit-card payment of legal fees, concluding that the advertising provisions of the 1983 Model Rules left lawyers free to permit or…
Can a lawyer take stock or another ownership interest in a client company in exchange for, or alongside, legal fees?
The opinion concluded that the Model Rules did not prohibit a lawyer from acquiring an ownership interest in a client, in lieu of or in addition to a cash fee, so long as the lawyer complied with…
How did a judge report mutual funds, retirement plans, and compensation under the former financial disclosure rule?
West Virginia JIC Opinion 2000-32 said to identify each mutual fund or retirement plan, rather than its changing holdings, and treated compensation over $500 as income reportable to the IRS on a tax…
Could a subpoenaed judge submit a letter in place of appearing at a hearing?
West Virginia JIC Opinion 2000-31 said that, because the judge had already been subpoenaed, he could submit a letter as a substitute for appearing personally at the hearing.
Could a magistrate serve on a federal credit union's supervisory committee?
West Virginia JIC Opinion 2000-28 said former Canon 4 prohibited the magistrate from joining the credit union's supervisory committee because the organization could become involved in matters…
When must a family law master recuse after hiring an attorney's former paralegal?
West Virginia JIC Opinion 2000-27 required recusal from cases that were in the attorney's office while the new case coordinator worked there, but not from cases the attorney received after she…
How should a judge address impartiality when selecting a charity for unclaimed class-action funds?
The committee said prior ties to a charity must not influence selection or create that impression. It suggested selection by several judges or recommendations from a citizens panel, while declining…
Can a lawyer refer personal-injury clients to a company that advances them cash in exchange for a share of their lawsuit proceeds?
The opinion concluded that a lawyer who agreed to refer tort clients to a venture-capital company taking an interest in their case proceeds would have an irreconcilable conflict of interest, and…
May a judge teach evening university courses and be paid as an adjunct professor?
The Committee concluded that the Judicial Code permits university teaching and compensation on the same basis as a nonjudge, subject to its limits on outside activity; it did not decide the separate…
How should a lawyer handle settlement decisions when she doubts a client’s capacity to decide?
The committee said the lawyer must first assess whether the client can decide; if unsure, she must consult a professional, seek consent to disclose confidences, and limit any disclosure without…
May a firm defend another law firm against a potential malpractice claim after briefly consulting with the would-be claimant?
On the facts presented, the committee said the firm could undertake the malpractice defense because the prior consultation was brief and supplied no information beyond what the defendant firm already knew.
May defense counsel speak to police officer witnesses after a prosecutor forbids direct contact?
The committee said defense counsel’s interviews of police officer witnesses would not violate Rule 4.2 despite the directive, provided counsel identified their role under Rule 4.3 and did not…
Can a staff lawyer or volunteer lawyer turn over court-awarded attorney's fees to the nonprofit public-interest organization that sponsored the case?
Yes. The opinion concludes that turning over court-awarded fees to a nonprofit public-interest organization that sponsored the litigation does not violate Rule 5.4(a)'s bar on sharing legal fees…
When a client has assigned settlement proceeds to a medical provider or given it a lien, can the lawyer follow the client's later instruction to pay the money to the client instead?
No. The opinion concludes that under Rule 1.15(c)(4) a lawyer who knows the client has made a valid assignment or granted a consensual lien on settlement proceeds may not disburse those funds to the…
Does a lawyer's duty of confidentiality survive when the former corporate client has shut down, and can a former officer get the files?
The opinion concluded that the Rule 1.6 duty of confidentiality, which encompasses the attorney-client privilege, continues after the representation ends, so the lawyer had to preserve the defunct…
Can an insurance defense lawyer send the insured's detailed legal bills to the insurer's third-party auditing company without the insured's informed consent?
The committee concluded the lawyer may not disclose the insured's defense bills to a third-party auditor without the insured's informed consent, and that the lawyer ordinarily may not even seek that…
May an outgoing probate judge publicly endorse a candidate to succeed the judge?
Yes, for the proposed paid political advertisement. The Commission found no per se ban and no violation in its text or photo, while warning that the endorsement's substance still had to comply with…
Could a magistrate call voters to support an assistant's magistrate campaign?
West Virginia JIC Opinion 2000-26 said a magistrate could not telephone voters to ask them to support the magistrate's assistant, who was running for magistrate.
Could another candidate reuse a senior judge's old campaign signs?
West Virginia JIC Opinion 2000-25 found no problem with another candidate reusing signs the senior judge had given away, so long as the judge's name was completely covered.
May a judge serve on the board of a country club that does not practice invidious discrimination?
The Committee found no canon barring the proposed board service if the club did not practice invidious discrimination, while stressing that the judge must assess how the club selects members.
Does a Florida lawyer have to file an informational newsletter sent to prospective clients with the Bar, and refile every issue?
The first issue of a newsletter mailed to prospective clients must be filed with the Bar's advertising committee for review. Later issues need to be filed only if they add new firm information that…
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.