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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Can a lawyer send a client's confidential information by ordinary unencrypted email without violating the duty of confidentiality?
Yes. In ordinary circumstances a lawyer may use unencrypted Internet email to transmit confidential client information, because there is a reasonable expectation of privacy in its use; particularly…
Could a justice's staff voluntarily appear in her reelection television commercial on their lunch hour?
West Virginia JIC Opinion 2000-08 found no prohibition in former Canon 5 against the justice's staff appearing voluntarily in her campaign commercial on their own time.
If a bank insists on depositing a credit-card retainer into a lawyer's general business account, can the lawyer leave it there instead of in an IOLTA or trust account?
Only if the funds are truly non-refundable. The opinion concluded that any retainer funds that might still be refunded to the client are client funds and must go into an IOLTA or other identifiable…
May a judge order a defendant to contribute to a substance-abuse fund as a condition of probation or probation before judgment?
No. The Committee treats the court-ordered contribution as prohibited solicitation and says its coercive character raises further integrity and appearance concerns.
In Kentucky, may the law partner of a prosecutor represent criminal defendants, even in a different county, even without sharing fees, and even if the firm does not advertise the prosecutor connection?
No. The opinion concluded that because a prosecutor cannot represent criminal defendants under KRPC 1.7, the prosecutor's law partner is imputed-disqualified under KRPC 1.10, and the conflict cannot…
May a sitting judge put the state court seal on reelection campaign stationery?
No. The Commission held that the seal would make campaign stationery appear official, even with noncourthouse contact details. It allowed accurate use of the title 'Judge' and left the cited…
May a judge promise an election oversight committee not to report campaign misconduct?
No. The Commission held that an advance promise not to report campaign violations would improperly surrender the judge's ability to decide when Canons 3B(3) or 7C(1) required reporting.
Could a magistrate and the magistrate's daughter appear on the same ballot for different offices?
West Virginia JIC Opinion 2000-07 found no Canon 5 violation from the magistrate and daughter appearing on the same ballot, while reiterating the ban on public endorsements.
In a joint representation, can a lawyer tell one client a damaging confidence the other client revealed, like a fabricated visa application?
The opinion concluded that joint representation alone does not imply authorization to share one client's confidences with the other; when a client's confidence (here, an admission of a fabricated…
Can a child's guardian ad litem contact a parent who has a lawyer, in a child abuse and neglect case, without the parent's lawyer's permission?
The opinion concluded that a guardian ad litem is the child's lawyer and, under Rule 4.2, may not communicate with a represented parent about the subject of the case (directly or through a social…
Can an Ohio lawyer take a fee from a financial services company for referring clients who need financial services?
The opinion concluded that it is ethically improper for a lawyer to accept a fee from a financial services group for referring clients in need of financial services, because the arrangement is an…
May an Alabama judge voluntarily give a character reference in another judge's pending sentencing case?
No. The Commission said the judge could testify when officially summoned or respond to an appropriate agency's request, but could not initiate a sentencing reference or send one at a defendant's or…
Can a lawyer supervise a real estate closing by telephone while a paralegal is physically present at the closing?
No. Georgia FAO 00-3 concluded that a lawyer's participation by telephone, with only a paralegal physically present, did not provide the direct and constant supervision required, so the lawyer's…
Can a lawyer let a nonlawyer staff member prepare and sign letters that give legal advice or threaten legal action?
No. Georgia FAO 00-2 concluded that letting a nonlawyer prepare and sign correspondence giving legal advice or threatening legal action aided the unauthorized practice of law, because it created the…
If a Rhode Island lawyer withdraws from representing a client, can the lawyer then represent someone else in a claim against that same client?
Not without the agency's consent. The panel applied Rule 1.7 to the proposed adverse representation after withdrawal and declined to treat the agency as a former client under Rule 1.9. It made no…
Can a lawyer hold a client's file as a retaining lien until an unpaid bill is paid?
The opinion concluded Montana's rules recognized retaining liens only in limited circumstances and only where the client had agreed to the lien in writing; without that written consent the lawyer…
When a lawyer leaves a firm and takes a contingent-fee case, how is the disputed fee divided between the departing lawyer and the firm?
The committee treated entitlement as a contract question outside its charge, but concluded that both lawyers' first duty is to disburse the client's share promptly, the disputed fee should be held…
What should a judge disclose when an attorney appearing before the judge is an election opponent?
West Virginia JIC Opinion 2000-06 said the judge should disclose the contested race when the opposing attorney appears and recuse if personally biased or prejudiced against that attorney.
May a judge accept a $500 honorarium for joining a health-care panel discussion?
No. Although the Committee says the judicial code could allow reasonable compensation, it concludes that the then-cited Maryland Public Ethics Law barred this $500 honorarium.
When may a New Jersey lawyer disburse from the trust account against an 'official check' received at a real estate closing before it has cleared?
The Committee concluded that a lawyer may disburse against a deposited instrument before collection only if it is drawn by a licensed bank on itself or another bank and the lawyer confirms the funds…
Could a judge be listed as a graduating law student's character reference for a bar examination?
West Virginia JIC Opinion 2000-05 permitted the judge to be listed as a Virginia bar examination character reference if the information supplied came from personal knowledge.
Could a judge hear a case defended by a law firm in which the judge's brother was a partner in another office?
West Virginia JIC Opinion 2000-04 allowed the judge to hear the described case after disclosure, with no brother involvement or objection, and called for disclosure and an involvement check in…
May a lawyer represent a husband in divorce after earlier representing the wife in other domestic matters?
The committee found the earlier domestic matters substantially related to the divorce and concluded the lawyer should not accept the husband’s representation over the former client’s objection.
May a California workers' compensation lawyer prepay a flat $250 referral fee to another lawyer when the referring lawyer's underlying fee depends on a future award by the Workers' Compensation Appeals Board?
Per the opinion, no. Former Rule 2-200(A) permits dividing fees with non-firm lawyers only after the client gives written informed consent to an existing fee, so prepayment before any fee exists…
Was a special judge automatically disqualified when a lawyer in his firm was married to the prosecutor appearing before him?
No. The Committee said the family connection did not require automatic recusal, but recommended disclosure on the record so the defense could consider a motion.
In North Carolina, what can an insurance defense lawyer do when the insured will not cooperate and wants the plaintiffs to win?
The opinion concluded the lawyer represents both the insurer and the insured; where the insured has contractually surrendered control of the defense, the lawyer generally follows the insurer's…
Can a North Carolina lawyer appear to 'cover' a hearing for another lawyer's client without the client's consent or a conflict check?
The opinion concluded that a lawyer who appears with the client at a proceeding is representing that client, so the client's consent is required, the covering lawyer must check for conflicts, and…
Can a North Carolina insurance defense lawyer send the insured's bills to the insurer's outside audit company based on a consent form the insurer collected?
The opinion concluded the lawyer may not rely on a consent form the insurer obtained from the insured unless the lawyer consults with the insured to confirm the consent is informed; the lawyer must…
Can a lawyer who represents a tribal entity also represent someone with a tort claim against that entity when the United States, not the entity, would pay any damages?
The opinion found a Rule 1.7 conflict in representing both a tribal entity and a tort claimant against it, even when the United States bears liability. Whether the clients can consent depends on the…
Could a judge or judicial candidate attend a nonprofit group's elimination dinner?
West Virginia JIC Opinion 2000-03 permitted attendance at the described elimination dinner, with limits on fundraising and on events sponsored by organizations appearing regularly before courts.
Could a judicial candidate's campaign committee hold a fundraiser at the candidate's home?
West Virginia JIC Opinion 2000-01 said the candidate should not host the committee fundraiser at home, even without personally soliciting or accepting contributions, because it would appear…
Can a lawyer practice law as an employee of a nonlawyer professional-services firm if the lawyer puts safeguards in place?
No. The opinion concluded the proposed safeguards did not overcome Rule 5.4's bar on practicing law within a nonlawyer organization, because they did not protect professional independence,…
Could a judge take part in a charitable auction that would advertise and honor the judge?
Nebraska Ethics Opinion 00-1 rejected participation in the advertised auction fundraiser but allowed attendance as a nonhonoree without the judge’s name or title in event literature.
In Kentucky, may a lawyer charge a contingent fee to handle an appeal of a divorce decree over whether certain property is marital or non-marital?
No. The opinion concluded that KRPC 1.5(d) bars a contingent fee in a domestic-relations matter, with no exception for an appeal of a dissolution decree concerning the classification of property.
What must lawyers do when they share office space, staff, and equipment with other lawyers or with nonlawyers?
The opinion concluded that the rules did not prohibit lawyers from sharing office space, staff, or equipment with other lawyers or nonlawyers, provided they protected client confidences, did not…
Can a lawyer draft a client's trust that directs the trustee to retain that same lawyer as counsel for the trust?
Yes, with disclosure. The opinion concluded the lawyer may include such a provision at the client's request only if the lawyer reasonably believes the representation will not be adversely affected…
Can a lawyer take personal injury referrals from an accounting firm and let the firm collect its own contingent fee from the same client's recovery?
The opinion concluded the arrangement is prohibited: capping the legal fee so the accounting firm can take a separate contingent fee for unsought services gives the firm something of value for…
Can salaried lawyers employed by an insurance company to defend its policyholders call themselves a law firm on letterhead and business cards?
The opinion concluded they may hold themselves out as a law firm only if they actually take on the professional responsibilities the Code imposes on firms and they clearly disclose in their public…
Can an assistant district attorney prosecute a case before a Town Justice who is the prosecutor's sibling, and can other lawyers in the office appear before that judge?
The opinion concluded the assistant DA may not appear before a sibling Town Justice and must take steps to secure the judge's recusal, but other lawyers in the DA's office may appear before that judge.
Could a lawyer form a partnership with a client to turn the client’s cause of action into an award?
No. The opinion treated the proposed partnership as a lawyer proprietary interest in litigation barred by then-current Rule 4-1.8(j).
Could a firm litigate against a broker formerly represented by a newly joined partner in an unrelated matter?
The opinion said Rule 4-1.9(b) required inquiry into whether the partner learned information usable to the broker’s detriment. If so, the firm had a conflict that the broker, not just the current…
Did a subpoena make a lawyer a necessary witness who could no longer advocate at a change-of-judge hearing?
No automatic disqualification followed. The opinion found the facts did not show the lawyer was necessary; if the lawyer were necessary and testified, Rule 4-3.7 would bar advocacy in that…
Could a professional corporation put a salaried nonshareholder lawyer’s name in its firm name?
No. The opinion said that would imply the lawyer was a shareholder and violate Rules 4-7.1 and 4-7.5(f).
Could a lawyer help a personal-injury client obtain a nonrecourse loan secured by the claim?
The opinion required the lawyer to assess champerty first. If the arrangement was champertous, assistance would violate Rule 4-8.4(d); otherwise, the lawyer had to counsel the client about…
Could a plaintiff's lawyer advance wages clients lost while attending depositions or trial?
No under the former Rule 4-1.8(e) applied by the opinion. The official reference note says the rule changed in 2021 and directs readers to the newer subsection and comments.
Could a lawyer accept shares in a corporate client as payment for legal services?
Yes, subject to Rule 4-1.8(a). The opinion said the lawyer had to discuss potential conflicts and what would happen if they arose, including possible withdrawal.
Could a will-drafting lawyer tell a former client's current lawyer about the former client's mental condition?
The opinion permitted disclosure with the capable client's consent or a guardian's consent if appointed. Without consent from an incapable client, disclosure was barred; an attorney-in-fact's…
Could a county and part-time municipal prosecutor defend municipal cases elsewhere?
The opinion barred municipal defense in the prosecutor’s county. It permitted defense in other counties or municipalities only if officers from the prosecutor’s county or municipality were not…
Could successor counsel share a case fee with a suspended former lawyer?
The opinion permitted fee sharing with the suspended lawyer only for fees that lawyer earned before suspension.
Could a collections firm pay a network three percent of collections for forwarded cases?
The opinion treated the network as a lawyer referral service and said Rule 4-7.2(c) barred payment for referrals unless the service was registered under former Rule 4-10.1.
Did a lawyer have an ethics duty to rectify payment of a doctor's lien signed only by the client?
The opinion declined to judge past conduct but said no corrective action was needed under the conduct rules where the lawyer had made no oral or written promise to protect the doctor. It left any…
Could counsel remain in a traffic case after a client had a friend contact the judge about it?
The opinion said counsel could remain if the client accepted advice to stop that contact. If the client refused, counsel had to withdraw.
Could a county prosecutor prosecute someone who injured a county employee when the county might seek civil subrogation?
Yes. The opinion found no conflict barring the criminal case, but said the prosecutor’s office could not also handle the related civil matter.
Could an engagement letter say the lawyer would stop all work if the client missed payments?
No. The opinion required diligent work under Rule 4-1.3 until withdrawal and allowed seeking withdrawal under Rule 4-1.16(b) only without material adverse effect on the client.
Could a lawyer who witnessed alleged child abuse advocate and testify in the related post-dissolution hearing?
No. The opinion said the necessary-witness lawyer could not advocate at the hearing, but another firm lawyer could; the witness lawyer could still assist on pretrial matters unrelated to testimony…
Could a former public defender prosecute a prior client for unrelated charges?
A conflict existed if the prosecutor had learned nonpublic information usable against the former client. The opinion said late screening would not cure that conflict, but the defendant could consent…
Could a lawyer provide deceased clients’ file information in response to a subpoena without a court order?
The opinion barred disclosure of representation information without a judge’s order after the confidentiality issues were fully presented. It allowed copies of prepared wills or testamentary trusts…
Did a prosecutor’s office need a special prosecutor when an assistant had defended the probationer on the underlying charge?
A complete and effective screen of the former defender, apart from public-record charges, meant the office did not have to request a special prosecutor. Without that screen, the office had to request one.
Could estate counsel give a creditor’s lawyer asset statements from an unresponsive personal representative’s file?
No. The opinion treated the statements as confidential and required a court order after confidentiality was fully presented.
Could a lawyer canvass a neighborhood to tell residents about the lawyer’s private practice?
The opinion barred personal contact by the lawyer or an agent for that purpose. It allowed distribution of written material without personal contact, with inquiries directed to the lawyer’s office.
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.