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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Must every judge in a circuit recuse when their shared child-support referee appears as counsel?
Yes. All judges who regularly assigned child-support matters to the shared referee and approved his orders were disqualified from cases in which he represented a party.
May a judge provide an endorsement letter for a charity's grant and fundraising requests?
The Commission said charity fundraising was discouraged but not absolutely banned. It barred the proposed use of judicial title, position, or official letterhead in a fundraising endorsement and…
Must a judge recuse from an adoption case brought by a coach connected to the judge's athletic club?
Yes. On the totality of the facts, the Commission held that the judge's role as athletic club president and repeated interaction with the high school's athletic director and coach, who was a party,…
When a lawyer holds a client's settlement funds and a medical provider or other creditor claims part of it, what must the lawyer do?
The lawyer must first decide whether the third person has an interest strong enough to trigger Rule 1.15(b). Only a matured legal or equitable claim, such as a valid assignment, judgment lien, or…
Can an insurance defense lawyer follow the insurer's litigation management guidelines when those guidelines control legal research, staffing, discovery, or motions?
The opinion concluded that it is improper under DR 5-107(B) for an insurance defense attorney to abide by an insurer's litigation management guidelines when the guidelines directly interfere with…
Can an insurance defense lawyer send detailed billing statements to an outside auditor hired by the insurer without the insured client's consent?
The opinion concluded that an insurance defense attorney may not submit detailed legal bills to an outside audit company hired by the insurer without first obtaining the insured client's consent…
Could a Workers’ Compensation Court presiding judge perform statutory trust fund duties under the judicial ethics code?
Nebraska Ethics Opinion 00-3 found no Code violation in the presiding judge’s statutory trust fund duties because they were judicial duties and the State Treasurer held the funds.
What must a Colorado lawyer do after receiving privileged or confidential documents the other side disclosed by mistake?
The opinion concluded that a lawyer who receives documents that appear privileged or confidential must, on recognizing their nature, notify the sending lawyer, and that giving notice is the only…
When a California court-appointed dependency lawyer is told in confidence by a minor client that the minor is being sexually abused at the placement and the client instructs the lawyer not to disclose, may the lawyer override that instruction in the minor's best interests?
Per the opinion, no, when the lawyer reasonably believes the minor is competent to make an informed decision. The lawyer must honor a competent client's confidentiality instruction even when the…
May a judge write a letter to another judge who is sentencing a defendant at the defendant's request?
The Committee concluded that a judge should not write the proposed sentencing letter because it would lend judicial office's prestige to another person's private interest.
When can a West Virginia lawyer threaten criminal prosecution to gain leverage in negotiating a civil matter, and what are the limits?
The opinion concluded that, after Committee on Legal Ethics v. Printz, a lawyer may seek restitution in lieu of criminal prosecution if the negotiation is otherwise legitimate, but set five limits:…
May a judge accept “Judicial Fellow” recognition from an organization representing plaintiffs in tort cases?
No. The Committee concludes that the designation could imply affiliation with the plaintiffs’ perspective and undermine public confidence in judicial impartiality, even without dues.
Can a lawyer charge a contingency-fee client interest on disbursements the lawyer advanced on the client's behalf?
The opinion concluded that a lawyer may charge interest on unpaid disbursements in a contingency fee case, even when the lawyer did not borrow the advanced funds, provided the client is told in…
Can a municipality's lawyer at a General Municipal Law 50-h hearing warn a pro se claimant who faces related criminal charges that the testimony could be self-incriminating?
The opinion concluded a municipal lawyer must first confirm the claimant is not being advised by counsel about the hearing before communicating directly; if the claimant is unrepresented on that…
Could a state supreme court justice issue a press release about a pending federal criminal case involving allegations about the court?
The Committee said the justice could not comment at that time, even by written press release after trial, because criminal proceedings or appeals could remain pending or impending.
Do a litigant's televised allegations against a judge require the judge to recuse?
No, on the facts presented. The judge had not seen the broadcast, reported no personal bias, and the Commission found no special circumstances otherwise calling impartiality into question.
May a lawyer advertise a large verdict and an aggregate settlement amount in a yellow pages ad?
The committee approved placing a same-type disclaimer immediately after past results but suggested identifying the verdict’s jurisdiction and recipient and deleting the aggregate settlement claim.
In Kentucky, could a part-time prosecutor represent the respondent in a civil domestic violence order (DVO) proceeding?
The opinion concluded a part-time prosecutor could not represent a DVO respondent, because the proceeding is so intertwined with the criminal system that it materially limited the prosecutor's…
In Kentucky, does a lawyer handling Title IV-D child-support enforcement for the state have an attorney-client relationship with the party seeking enforcement, even though a statute says there is none?
The opinion concluded that KRS 205.712(7) is not dispositive; whether an attorney-client relationship exists turns on whether a reasonable person, based on the parties' conduct, would understand one…
In Kentucky, may a Master Commissioner hold funds received in the course of Master Commissioner duties in an IOLTA account?
Yes. The opinion concluded that no provision of the Kentucky Rules of Professional Conduct prohibits a Master Commissioner from using an IOLTA account for transactions related to those duties.
Can a lawyer sell or assign unpaid client fee accounts to a collection agency, and what client information can the agency be given?
The opinion concluded that an outright sale of client receivables to a collection agency is not permitted because it strips the lawyer of the control needed to meet ethical duties (fee arbitration,…
Can a law firm keep a former partner's name in the firm name after that partner retires and becomes 'of counsel'?
The opinion concluded that a firm could continue to use a retired partner's name in the firm name if the firm's name was established, the retired partner was 'of counsel' in the traditional sense…
Could a circuit judge candidate continue insurance expert witness work during the campaign?
West Virginia JIC Opinion 2000-24 said the candidate's expert witness positions did not violate the cited Canon 5 provision, but he could not publicize or use those opinions to advance his campaign.
Could an Illinois judge sponsor a Little League team and put the judge’s name on its uniforms?
Yes, on the stated nonfundraising and nonelection facts. The Committee found no improper use of office or indicated effect on impartiality or judicial duties.
Must an Illinois judge recuse when the judge’s spouse’s uncle or cousin appears as counsel?
Recusal was required when the uncle appeared. The cousin’s appearance alone did not require it, but the uncle’s substantial firm interest or another reason to question impartiality could.
Could an Illinois judge serve as a director of a family charitable foundation?
Yes, on the stated facts. The foundation neither fundraised nor litigated, and the judge’s role was primarily clerical rather than selecting grant recipients.
What must a North Carolina lawyer do after learning a client concealed income in a consent judgment about to be presented to the court?
The opinion concluded the lawyer may not present a consent judgment based on false income information; the lawyer must try to persuade the client to disclose the truth, must withdraw if the client…
Could a former judge's campaign committee give surplus funds to a nonjudicial candidate?
West Virginia JIC Opinion 2000-23 said the former judge's campaign committee could not transfer its surplus balance to a state candidate for nonjudicial office under former Canon 5C(2).
Did former Canon 5's political restrictions apply to a retired judge outside senior status?
West Virginia JIC Opinion 2000-21 concluded that former Canon 5's restrictions applied to retired judges admitted to senior status, but not to a retired judge outside that status.
Could a family law master preside over a case mediated by her husband?
West Virginia JIC Opinion 2000-20 said the family law master should not sit on cases in which her husband served as mediator, to avoid an appearance of impropriety.
Could a magistrate hold designated probable cause and emergency detention hearings under a circuit court order?
West Virginia JIC Opinion 2000-19 allowed the magistrate to continue holding mental hygiene hearings under the cited statute, so long as a circuit court order designated the magistrate within the…
Can a North Carolina law firm advertise its record of verdicts and settlements on its website?
The opinion concluded a firm may publish its verdict record only if it provides full context, disclosing unfavorable as well as favorable outcomes, collection rates, the types and complexity of…
Can a Virginia law firm form a partnership with a foreign legal consultant who is treated as a nonlawyer and is not admitted to practice in any U.S. state?
No. The opinion concluded it would be improper under Rule 5.4 for a Virginia attorney to form a partnership or professional limited liability company with a foreign legal consultant who is a…
Can a prosecutor warn the Commonwealth's witnesses about deceptive tactics used by defense investigators without violating the duty not to discourage cooperation with the defense?
Partly. The opinion concludes a prosecutor may tell prosecution witnesses that defense investigators may contact them, identify those investigators by name, and tell witnesses they are free to speak…
Can a Virginia lawyer pay a referring lawyer a share of the fee when the referring lawyer takes no responsibility for the case and does no further work?
Yes. The opinion concludes that, unlike the former Code, Rule 1.5(e) no longer requires the referring lawyer to assume responsibility to the client in order to share a fee, so a division is…
Can a Virginia lawyer participate in, or direct an investigator to make, a lawful one-party-consent recording of someone who does not know they are being recorded?
Sometimes. The opinion overrules Virginia's prior categorical ban and concludes Rule 8.4 does not bar a lawyer engaged in a criminal or housing-discrimination investigation from making otherwise…
Can a lawyer agree to a settlement term barring future use of information learned in the case against the same opponent?
Partly. The opinion concluded a lawyer could agree not to disclose information about a settled matter, since confidentiality rules already require that, but could not agree to a term barring future…
Can a lawyer buy a client's accounts receivable and collect on them?
Yes, with safeguards. The opinion concluded a lawyer could purchase a client's accounts receivable if the transaction met Rule 1.8(a) (fair terms, written disclosure, written consent, and a chance…
Can a lawyer have a client waive the right to sue for malpractice in exchange for a lower billing rate?
The opinion concluded that a lawyer may not condition a reduced billing rate on the client's prospective waiver of malpractice liability, because MRPC 1.8(h)(1) bars such an agreement unless it is…
Can a firm that bought another practice take a matter adverse to a former client whose closed file it holds?
The committee said the purchasing firm must protect confidential information in acquired closed files and may be barred by Rule 1.7 from adverse representation; it suggested inventorying the files…
Can a lawyer-guardian ad litem for a child file a report with the court without breaching the child's confidences?
The opinion concluded that a lawyer appointed as lawyer-guardian ad litem for a minor in a child protective proceeding may prepare and file a written report to the court, but only so long as the…
What did superseded D.C. Judicial Conduct Opinion No. 8 say about a judge's name on fundraising letterhead?
The 2000 opinion treated a judge's name on fundraising letterhead as participation in solicitation and allowed it only for specified recipients. D.C. Judicial Conduct Opinion No. 15 expressly…
Can a former government lawyer represent a private client in a rulemaking he worked on while at the agency?
The opinion concluded that Rule 1.11's bar on later work in the same 'matter' did not apply, because a rulemaking of general applicability is not particular to specific parties and so is not a…
Could a judge accept an ATLA Judicial Fellowship with complimentary materials and event registration?
Nebraska Ethics Opinion 00-2 allowed the listed complimentary resources if fellowship meant only those benefits, but prohibited acceptance if it amounted to membership or implied endorsement of ATLA.
May a judge speak at a sexual assault rally sponsored by a group active in prosecutions?
No, for the proposed speech. The Commission found that a supportive rally address, given the event and sponsoring center's participation in sexual-assault prosecutions, would adversely reflect on…
Must a judge recuse when the prosecutor in a pending case says she plans to run against the judge?
No, absent bias or other facts reasonably questioning impartiality. The prosecutor had handled pretrial work before telling the judge she intended to become an opponent, and the Commission found the…
May a judge accept a bank's invitation to dinner and a basketball game?
Yes, under the facts presented. The invitation went to many community figures, the event was not lavish, and the bank had no pending case and was not a frequent litigant before the judge.
May a judge cohost an informational meeting introducing a charitable women's fund?
Yes, if the participation did not adversely reflect on impartiality or interfere with judicial duties. The planned meeting had no direct solicitation or fundraising brochures, though the judge would…
May a New Jersey law firm’s principals create a title abstract company to serve their foreclosure clients if it shares office space and caps liability at $1,000?
No, on the proposed facts. The Committee doubted that space inside the firm was physically distinct and concluded that the shared ownership, similar services, nearby offices, and $1,000 liability…
Did an unopposed judge who would not campaign need a treasurer or campaign committee?
West Virginia JIC Opinion 2000-18 said a judge unopposed in both elections who did not intend to campaign needed neither a campaign committee nor a treasurer under former Canon 5C(2).
Could a magistrate use the state seal in reelection campaign materials?
West Virginia JIC Opinion 2000-16 said a magistrate could not use the state seal in campaign materials because it would suggest official judicial letterhead was being used for the campaign.
Could a family law master judge the Miss West Virginia Scholarship Pageant?
West Virginia JIC Opinion 2000-15 found no canon prohibiting the family law master from serving as a judge for the Miss West Virginia Scholarship Pageant.
Could the Family Court Association place candy jars in legislators' offices and host a Capitol reception?
West Virginia JIC Opinion 2000-14 concluded that the Association's described candy jars and reception for legislators and staff would not violate the Code of Judicial Conduct.
Could a senior judge serve as a judicial fellow in the Association of Trial Lawyers of America?
West Virginia JIC Opinion 2000-13 concluded that the senior judge could not accept the judicial fellow designation because the association generally represented one side of litigation.
Could a circuit judge send lawyers a letter supporting a domestic violence pro bono project?
West Virginia JIC Opinion 2000-12 concluded that the judge could not send the proposed letter to local lawyers because a letter signed by the judge would conflict with former Canon 2.
Must a magistrate whose daughter becomes county prosecutor avoid cases handled by her office?
West Virginia JIC Opinion 2000-11 concluded that the magistrate would be disqualified from all cases represented by any lawyer in the daughter prosecutor's office.
Could a judicial candidate use the state seal on campaign material?
West Virginia JIC Opinion 2000-10 concluded that a judge could not use the State Seal on campaign material because it could be confused with official judicial letterhead.
Could a family law master serve as a trustee of a Baptist church?
West Virginia JIC Opinion 2000-09 permitted the family law master to serve as a church trustee, subject to the former Canon 4 provisions quoted in the opinion.
After a lawyer settles a creditor's claim under a confidentiality agreement, can the lawyer later represent a different creditor against the same debtor?
The opinion concluded a lawyer is not precluded from representing a later creditor against the same debtor, so long as the lawyer abides by Rule 1.6 confidentiality, and that using a settlement to…
Can a lawyer who is on inactive status in another state still say on her letterhead that she is 'also admitted' there?
Only with care. A lawyer on inactive status in a state may not communicate that she is 'admitted' there unless she discloses the inactive status or reasonably concludes the omission is not…
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.