Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Must a criminal defense lawyer tell the court about a clerical error in the judgment that would let the defendant serve less time than the judge ordered?
The opinion concluded that a criminal defense attorney has a duty to notify the court of a clerical error in a judgment entry that would cause the defendant to serve a lesser sentence than ordered,…
Can a lawyer licensed in another state but not Ohio be a partner or equity holder in an Ohio law firm, and does referring out a case the firm cannot handle make it a referral service?
The opinion concluded that under Gov. Bar R. III an attorney licensed in another state but not Ohio may be a member, partner, or equity holder in an Ohio legal professional association or similar…
Can an Ohio lawyer refer a client to a company that buys part of the client's money judgment for cash during an appeal, and can the lawyer take such funding too?
The opinion concluded that a lawyer may refer a judgment-holding client to a company that buys a minority interest in the judgment and advances cash during an appeal, if the lawyer determines the…
Can our corporate legal department charge our subsidiaries market-rate fees, rather than just cost, for in-house legal work?
The Committee concluded a corporation may not charge its subsidiaries market-based fees (anything above its costs) for legal services rendered by its in-house staff, even if the excess is later…
When a lawyer leaves a law firm, may the lawyer contact the clients he worked with to tell them they can move their files to his new firm or stay with the old one?
The opinion concluded that a departing lawyer may contact clients for whom he provided legal services. The solicitation restrictions of ER 7.3(a) do not apply where the lawyer had significant…
May an Arizona lawyer let a nonlawyer paralegal who is a licensed tribal-court advocate represent the lawyer's clients in tribal court, where tribal-court rules let nonlawyers appear but bar the lawyer from doing so?
The opinion concluded that the lawyer may, when the tribal court's own rules permit the paralegal to represent clients and the lawyer supervises the work. Because the tribal court's rules govern…
Can a lawyer serve as an architecture firm's in-house counsel and also represent the firm's clients, with the firm paying the lawyer a salary while billing clients an hourly rate for the lawyer's work?
The opinion concluded the arrangement is impermissible as structured. The dual role's conflict can sometimes be managed with consent and vigilance, but the firm paying the lawyer a salary while…
If a lawyer keeps a client's original will, does the lawyer have to track the client's death and file the will, and may the lawyer tell the executor it exists?
The opinion concluded a lawyer has no duty to keep a client's will or to learn of the client's death or file the will absent agreement, but if the lawyer is holding the original after the client…
I was suspended for a short time during a long case and brought in another lawyer on a 50/50 fee split. Now that we won, can I still take half the fee?
The panel concluded that on these facts the 50/50 fee-division arrangement was permissible under Rule 1.5(e), provided there is a written agreement between the lawyers and the client; without such…
When did a district judge whose spouse was mayor have to step aside from matters involving city police?
The Commission disqualified the judge from city-police-initiated high-bail requests and search warrants absent an emergency. Other listed proceedings required recusal only for a specific Canon 3C(1)…
Could a judge sit on a police department board reviewing a grant application in 1999?
West Virginia JIC Opinion 1999-16 advised the judge against serving on a police department advisory review board that would recommend how to use grant money.
May a California lawyer ethically limit a representation to ghost-drafting pleadings and conducting settlement negotiations for a litigant who appears in pro per, without disclosing the limited scope to the court?
Per the opinion, yes. A lawyer may limit the engagement to consulting, drafting, and settlement negotiations if the limitation is fully disclosed in writing and the client consents. The lawyer must…
The insurer that hired me to defend its insured wants me to follow litigation guidelines that require its pre-approval before I do research, file motions, or take depositions. Can I agree to that?
The panel concluded that the specific guidelines submitted, which required the insurer's pre-approval for reasonable and necessary legal services, impermissibly interfered with defense counsel's…
My insurance-defense client's insurer wants me to send detailed legal bills to an outside auditing company. Do I need the insured's consent before I do?
The panel concluded that a lawyer's billing statement is information relating to the representation and is protected by Rule 1.6, so submitting billing statements containing confidential or…
Can an insurance company use its own salaried in-house lawyers to defend its insureds in litigation?
The opinion concluded that an insurer's salaried staff counsel may defend an insured only if there is full disclosure of the lawyer's relationship to the insurer, the client consents after…
If a buyer tells the closing lawyer to stop after the deed is recorded, can the lawyer withhold the seller's funds in North Carolina?
The opinion concluded that once the closing lawyer records the deed and title has passed, the lawyer must satisfy the conditions of the transfer by disbursing the sale proceeds to the seller despite…
Can a North Carolina closing lawyer who serves as escrow agent agree in advance to represent the buyer if a dispute over the escrow arises?
The opinion concluded that an escrow agreement may provide that, if a dispute arises, the lawyer-escrow agent turns the funds over to a successor escrow agent and then represents the buyer; and a…
Can a North Carolina lawyer hired by some co-executors move to remove another co-executor the lawyer also represents?
No. The opinion concluded that a lawyer who accepts employment regarding an estate represents the personal representatives in their official capacity and the estate as an entity, so after…
What restrictions would a judicial applicant’s retirement home ownership and lawyer relatives create after appointment?
Nebraska Ethics Opinion 99-2 required resignation from the retirement home board and recusal from the brother’s cases; it gave liquidation or recusal alternatives for the lawyer co-owner relationship.
If a competent capital-murder defendant wants the death penalty and tells his lawyer not to present mitigating evidence at sentencing, must the lawyer follow that instruction?
The opinion concluded that, where the lawyer reasonably believes the defendant is competent and has made a rational, stable choice, the lawyer was ethically bound to respect the client's decision…
Can a lawyer threaten a nonparty witness with a defamation suit over the witness's statement, when the threat may be meant to keep the witness from testifying?
It depends on the lawyer's motive and the merits. The opinion concluded that if the threatened legal action has no basis in law or fact and is made merely to harass or intimidate the witness or keep…
Can a law firm use a lawyer as an independent contractor or 'of counsel', bill the client more than it pays that lawyer, and when must the arrangement be disclosed?
The opinion concluded a firm may engage a lawyer as a contract attorney or 'of counsel', subject to the same confidentiality and conflict rules as an associate. The firm could bill the client either…
Must a lawyer report another lawyer's misconduct when reporting would reveal client information the client wants kept confidential?
The opinion concluded that a lawyer is not subject to discipline for failing to report another lawyer's misconduct under MRPC 8.3(a) when the reason for not reporting is that the information is…
Can a lender's in-house counsel provide legal services to the borrower, and can the lender charge the borrower a legal fee?
No to both. Georgia FAO 99-2 concluded that in-house counsel for a real estate lender may not provide legal services to the lender's customer arising out of their relationship; doing so assists the…
Could a Maine probate judge moderate a televised public affairs program with legislators?
No. The committee treated moderating the described discussion as political activity under Canon 5A(1)(f), outside the probate-judge exception for attending political gatherings.
Could a Maine probate judge identify both judicial office and law practice in an estate planning article byline?
No. The committee rejected a byline naming both roles under Canon 2B and considered omitting the judicial title the more cautious course even if the law firm was not named.
When would a former client or a judge's family physician as a party require recusal?
The Commission adopted a two-year disqualification period after unrelated former-client representation ended. It found no recusal required for the physician parties in the described large…
Can I buy a piece of real estate directly from my own clients, and what do I have to do first to make it ethical?
The panel concluded the attorney may purchase the real estate from the clients under Rule 1.8(a), provided the transaction is fair and reasonable and fully disclosed in writing, the clients are…
When a lawyer moves to a new firm, when is the lawyer (and the new firm) barred from handling matters adverse to a client of the old firm?
The opinion concluded that, absent the former client's consent, a moving lawyer may not take on a matter adverse to a former client if the lawyer personally represented the client or acquired…
Can I practice law in my county's justice, county, and district courts while serving as an elected county commissioner?
The Committee concluded a lawyer who is an elected county commissioner violates Rule 1.06(b)(2) by representing private clients in the county's justice, statutory county, and district courts,…
Could a municipal judge serve on the board of a council that both employed court referral officers and provided paid DUI classes?
No on these facts. The Commission said board service for the referral-officer contractor alone was permissible, but the council's role as a fee-receiving treatment provider made the judge's…
Could a retired active judge write a book about capital cases tried before retirement?
The Commission barred writing about a pending case, including one still on appeal, and said a judge should not write about a capital case before the death sentence was carried out. Even after final…
Can a lawyer put a certification from a non-legal professional organization, like AICP planner certification, on the firm letterhead?
The opinion concluded a lawyer may note membership in a professional organization on letterhead, but if the certification implies certification in a legal field it must comply with DR 2-105(C),…
Can an insurance defense lawyer follow the carrier's requirement to use a designated outside legal research firm, and submit the insured's briefs to the carrier's brief bank?
The opinion concluded defense counsel may follow a carrier's direction to use a designated research service if the lawyer reviews the work and effective representation is not diminished; the firm's…
Could a judge serve on a college foundation board under the 1999 Code?
West Virginia JIC Opinion 1999-13 permitted service on the college foundation board but cautioned that the judge could not solicit funds for the foundation.
Can an insurance defense lawyer send the insured's defense bills to the insurer's outside billing auditor, and must the lawyer follow the insurer's billing guidelines?
The opinion concluded that a lawyer's primary duty in the insurer-insured-lawyer relationship is to the insured, so the lawyer must obtain the insured's informed consent before disclosing…
Can insurance defense counsel get around the consent rule for insurer audits by redacting confidences or routing bills through the insurer?
Formal Ethics Opinion 99-F-143(a) clarified 99-F-143: an attorney may not unilaterally redact confidences and secrets to avoid client consent (the client decides what is secret); may not evade the…
Could a judge use the judicial title in a newspaper letter praising a legislator?
No, for the proposed letter. The Commission found it could be read as a public endorsement and later used in the legislator's campaigns, implicating judicial independence, prestige, and…
If a lawyer occasionally serves as a substitute municipal judge, are the lawyer's partners disqualified from representing clients in that same municipal court?
No. The opinion concluded the conflict is personal to the lawyer who sits as substitute judge and is not imputed to the firm under Rule 1.10, so the lawyer's partners may represent municipal-court…
When a lawyer who took on a contingent-fee client leaves the firm, who must keep representing the client and advancing the litigation costs?
The opinion concluded that, under the Maine Bar Rules, a lawyer who assumed responsibility for the client and agreed to advance litigation costs cannot withdraw without complying with the withdrawal…
Can a former in-house lawyer or their new firm take a matter against the lawyer's old employer?
Only with limits. The opinion concluded a former in-house lawyer was disqualified from a matter adverse to the former employer only where the lawyer personally handled the same or a substantially…
When I leave my law firm, can I notify clients and ask them to come with me, and which clients can I contact before I resign?
Both the departing lawyer and the firm's responsible members had to give current clients prompt, fair notice of the departure and of the client's right to choose counsel. The opinion concluded that…
Could a judge hear a case in which a regularly appointed part-time referee represented a party?
No. The Commission said the referee's ongoing assistance put the attorney in a position of close trust with the appointing judge, so impartiality could reasonably be questioned when the referee…
In Kentucky, when an insurer provides an insured's defense under a reservation of rights, may the defense lawyer communicate with the insurer and continue the representation despite the potential coverage conflict?
The opinion concluded the lawyer represents only the insured; the lawyer may have customary communications with the insurer with the insured's consent but must withhold information harmful to the…
In Kentucky, may an insurance-defense lawyer let the insurer forward the lawyer's detailed legal bills to an outside auditing company without the insured client's consent?
The opinion concluded the lawyer must obtain the insured client's fully informed consent before providing the insurer with detailed billing information when the lawyer knows the insurer sends that…
Can a lawyer have a private investigator or tester pose under a false identity to gather evidence before filing a discrimination suit?
The opinion concluded that a lawyer may direct a private investigator or tester to misrepresent their identity or purpose when contacting the subject of an investigation, but only when the…
Can a national lawyer association post an online member directory that sorts lawyers by practice area?
The opinion concluded that a national lawyer association may place its membership directory on its public website, sorted by practice area, because the listed biographical information is the kind ER…
Can an estate-planning lawyer also sell securities and insurance products to the same clients for a commission?
The opinion concluded that an estate-planning lawyer may broker securities and insurance products to his legal clients for a commission, but only through stringent compliance with ER 1.7(b) and ER…
Can an insurance defense lawyer agree to a carrier's outside billing-audit and compliance program as a condition of getting paid?
The opinion concluded that an insurance defense lawyer may not participate in a carrier's outside audit and compliance program with terms like those described, because it requires disclosing the…
Could a magistrate buy a high school football program ad identifying the buyer as a magistrate?
West Virginia JIC Opinion 1999-10 allowed the ad only if the buyer removed “magistrate” and any other judicial identification.
Could a judge hear a juvenile petition filed by the judge's police-officer son or a case where the son would testify?
The Commission said recusal was required for petitions the son initiated and for cases where the son was likely to be a material witness. It said those grounds were subject to Canon 3D's written…
Could a district and juvenile judge accept an unpaid appointment to the city board of education?
No on the stated facts. The Commission found that board service would adversely reflect on impartiality given the school-related matters before the judge, while leaving the constitutional…
Can a lawyer agree in a plea bargain that a subpoenaed officer will not appear at a related hearing?
No. The opinion concluded that a prosecutor or defense lawyer who seeks an investigating officer's agreement not to honor a lawfully issued subpoena violates Rules 3.4(a) and 8.4, and may commit…
When a lawyer moves to a new firm, what client information may the lawyer disclose so the new firm can run conflict checks?
The opinion concluded the new firm must seek, and the moving lawyer may disclose, the names of the lawyer's clients and (depending on the old firm's size) the old firm's clients for a reasonable…
Could a family law master also serve as a mental hygiene commissioner under the West Virginia Constitution?
West Virginia JIC Opinion 1999-09 concluded that concurrent service as family law master and mental hygiene commissioner was inappropriate under its reading of article VIII, section 7.
Can the Attorney General's office investigate an organization that the Attorney General was personally associated with before taking office, or is that a disqualifying conflict?
Not per se. Neither Rule 1.11(c) (successive private and government employment) nor Rule 1.7(b) (personal-interest conflicts) categorically bars the investigation, but each participating lawyer has…
Can a matrimonial lawyer use a retainer agreement where the client consents in advance that listed grounds, including nonpayment, let the lawyer withdraw?
The opinion concluded the proposed agreement was improper because it misled the client about the lawyer's right to withdraw: it implied an absolute right to withdraw on listed grounds and omitted DR…
Can a legal aid office share data pulled from clients' mental health evaluations with a bar association committee for a statistical study without getting client consent?
The opinion concluded the office may provide extracted information for a statistical summary only if it is in a form that no recipient could link to a particular client; if any client could be…
Could a judge serve in an advisory role on the board of Aid to Inmate Mothers?
Yes, within Canon 5B's limits. The Commission relied on the absence of inmate contact and fundraising, while barring legal or investment advice and requiring the service not to impair impartiality…
Can a North Carolina lawyer advertise million-dollar jury verdicts in direct-mail letters to accident victims?
No. The opinion concluded that a direct-mail letter touting jury verdicts and settlements over $1,000,000 without information putting the results in context is misleading and creates an unjustified…
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.