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 North Carolina lawyer own a title insurance agency, and how must the lawyer supervise nonlawyer title abstractors?
The opinion concluded a North Carolina lawyer may own all or part of a title insurance agency, but may not give a title opinion to the insurer the agency writes for; and when using nonlawyer…
Must a North Carolina closing lawyer keep chasing a lender to cancel a paid-off deed of trust, and does charging a fee change that duty?
The opinion concluded the duty to obtain cancellation of a paid deed of trust turns on the lawyer's agreement with the client and lender; the lawyer may limit the scope of representation but must…
Could an appellate judge join parents lobbying for a school-bus seatbelt mandate?
No on the stated facts. The Commission said related issues were likely to reach the judge's court, so advocacy for a particular substantive law would call the judge's ability to decide impartially…
May a part-time municipal judge also work full-time as a clerk for another government agency?
The committee said the described employment did not violate the Code because the judge was part-time and exempt from the rule on appointments to other government positions; contact with the employer…
May a judge submit a sealed bid to build a new courthouse in the judge's county?
The committee advised the judge not to bid. It said an award to the judge could reasonably appear to exploit judicial position, and construction work could raise questions about judicial duties and…
May an appointed incumbent judge use the word retain in a contested partisan-election campaign?
The committee said the judge could use retain because, on the stated facts, it did not mislead voters or misrepresent the judge's present position, despite the separate retention-election process.
When a third party claims part of a client's settlement funds the lawyer is holding, must the lawyer hold the money or pay it to the client?
The opinion concluded that under Rule 1.15 a client's mere assertion of a claim freezes disputed funds, but a third party's claim freezes funds only if it is a 'just claim' that applicable law…
In Kentucky, can a lawyer who is also a real estate sales agent represent a client in the same transaction where the lawyer earns a sales commission?
The opinion concluded a lawyer may not serve as both lawyer and real estate sales agent in the same transaction, or where another agent in the lawyer's brokerage handles it, because the conflict is…
When did a judge have to recuse after a lawyer in a pending case was retained to represent the judge?
The Commission said disqualification began when the case lawyer was engaged as the judge's attorney, barring further action even in submitted cases. It also covered a firm colleague actively working…
What client-development activities can a lawyer use, like free seminars, trade-show booths, and senior-center tables, without it becoming improper in-person solicitation?
Lawyers may make their services known through methods that do not involve uninvited one-on-one approaches, such as seminars, group Q&A sessions, trade-show booths, open houses, and discussion tables…
Is a contract requiring a departing lawyer to pay his old firm a percentage of contingency fees on cases he takes with him proper, and must the new firm honor it?
The opinion concluded the fee-splitting agreement was improper. It violated the former rule on dividing fees between lawyers in different firms (no client consent, and the old firm would assume no…
May a district-court bailiff also hold elected county commissioner office if the judge recuses from county matters?
The committee said the dual roles violated the Code and Judicial Branch Personnel Rule 26 because the bailiff's confidential court role and elected office created a conflict and appearance of impropriety.
Did the committee permit a law firm to use an online data backup service for client records?
The committee found no Rule 1.6 violation if the firm ensured that transmission and storage security matched the sensitivity of the records and access was limited to authorized personnel.
Will the committee preapprove an entire law firm website for compliance with advertising rules?
The committee declined to preapprove the website or verify all its claims, while holding that website advertising is governed by the same rules as other lawyer advertising.
When a current client becomes adverse to another client through a merger, can a firm keep both representations without consent under D.C.'s thrust-upon rule?
The opinion concluded that an ongoing representation on an identifiable set of issues involving common parties, facts, theories, and claims is a single representation for Rule 1.7(d)'s 'thrust upon'…
Can a lawyer placement agency contract bar a temporary lawyer from later taking a job at the firm where placed or with that firm's client?
The opinion concluded that a placement-agency contract barring a temporary lawyer from applying for or accepting later employment with the firm where placed or with the firm's clients violates Rule…
Did a lawyer who listed practice areas in an online directory have to include Tennessee's specialization-certification disclosures?
Vacated. As originally issued, Formal Ethics Opinion 99-F-144 concluded that lawyers listing areas of practice on the Internet, including law directories or other public websites, had to comply with…
Can insurance defense counsel let the insurer's outside auditors review billing and case files, and follow insurer directives on the defense?
Formal Ethics Opinion 99-F-143 concluded that an insurance defense lawyer may not disclose the insured's confidences or secrets to the insurer's outside auditors (in bills or files) without the…
Could a judge hear a suspended-sentence revocation motion based on a report prepared by the judge's probation-officer sister?
No. The Commission required recusal whether the sister would be a material witness or initiated the matter through her report; it said the disqualification was subject to Canon 3D remittal.
May a court grant a prosecutor’s motion to stet a charge on the condition that the defendant donate to charity?
No. A majority of the Committee treats the court-ordered donation as solicitation and an appearance of impropriety; a donation agreement not disclosed to the judge is not a condition of the stet.
Two of the parties fighting over a right-of-way are both former clients of my firm, on opposite sides. Can my firm represent either one?
The panel concluded that under Rule 1.9 and Rule 1.10, and absent consent, the firm may represent neither the buyers of the dominant parcel nor the servient-parcel owners, because both are former…
I'm a state agency lawyer suing a city, and a colleague at my agency sits on that city's council. Do I have a conflict of interest?
The panel concluded the agency lawyer may represent the State against the city under Rule 1.7(b), provided the lawyer reasonably believes the representation will not be adversely affected and…
Can an Ohio law firm use a domain name that is not the firm's name for its website?
The opinion concluded that, although it is preferable to use the firm name, a lawyer may use other letters, words, or numbers in a website domain name as long as it is not false, misleading,…
Can an Ohio lawyer be listed in a professional association's online membership directory, with links to the lawyer's email or firm website?
The opinion concluded that an attorney may be listed in a professional association's online membership directory, which it treated as a law directory intended primarily for the legal profession…
Can an Arizona lawyer negotiate against, or contact directly, an opposing insured who is represented by an unsupervised nonlawyer public adjuster?
The opinion concluded that a lawyer may not negotiate with an opposing party's nonlawyer public adjuster who is not supervised by a lawyer, because doing so assists the unauthorized practice of law…
Can an Arizona lawyer join an internet service that routes potential clients' legal questions to attorneys by claimed area of expertise for a per-question fee?
The opinion concluded that an Arizona lawyer may not participate in an online service that screens legal questions and routes them to attorneys based on claimed expertise, because it is a lawyer…
Can a defense lawyer contact the plaintiff's treating physician ex parte (without plaintiff's counsel present) when the plaintiff's physical condition is at issue?
Withdrawn. At the time, the Committee concluded no ethical rule prohibited ex parte contact with a plaintiff's treating physician who is not separately represented; the Utah Supreme Court vacated…
How do conflict-of-interest, imputation, and fee-division rules apply to a temporary or contract lawyer engaged by a Colorado firm, and to placement agencies?
The opinion concluded that a temporary lawyer represents the engaging firm's client and is bound by all the conflict rules; whether the temporary lawyer's conflicts are imputed to or from the firm…
When a California lawyer moves from one law firm to another, which conflicts of interest from the former firm travel with the lawyer, and when are those conflicts imputed to the new firm?
Per the opinion, the moved lawyer is barred under Rule 3-310(E) only if the lawyer holds confidential information from the former firm's client material to the new representation. The lawyer's…
My firm's lawyers used to represent Company A on its waste-disposal cleanup cases at other sites. Can we now represent other companies against Company A at a new landfill site without Company A's consent?
The panel concluded that under Rule 1.9 the firm's lawyers had a former-client conflict because the new clients' interests were materially adverse to Company A and the matters were substantially…
A court clerk is out on serious medical leave. Can I set up a fund and ask other lawyers to donate, or chip in to the one the clerk's co-workers already started?
The panel concluded the Rules of Professional Conduct do not prohibit contributing to the existing fund, establishing a separate fund, or soliciting donations from other lawyers to provide financial…
My law partner is leaving to take a government job. He says I can keep his name in the firm name. Can I keep calling the firm by both our names?
The panel concluded the continued use of the departing partner's name would be misleading under Rules 7.1 and 7.5 and inconsistent with Article II, Rule 10 of the Supreme Court Rules, so the…
I'm a solo lawyer affiliated 'of counsel' with another attorney who also works as a business broker and refers his brokerage clients to me. Are his conflicts imputed to me so that I can't represent those clients?
The panel concluded that because the two lawyers kept separate offices and practices and had no access to each other's files, they were not a 'firm' under Rule 1.10, so Attorney B's conflicts were…
I'm a lawyer who is also a licensed investment adviser and securities sales rep. Can I sell investment services and give legal advice to the same client, represent the investment firm I work with, and trade referrals with it?
The panel advised against providing both legal and investment services to the same client because the lawyer's financial stake in the investments makes Rule 1.8(a)'s fairness requirement impossible…
May a California lawyer set up a business that finances another person's lawsuit in exchange for a partial assignment of the proceeds, where the claimant retains independent counsel?
Per the opinion, yes, on stated conditions: the claimant brings the lawsuit, is represented by independent counsel of the claimant's choice, the financier does not interfere with the lawyer, and the…
Can a law firm enforce an employment-contract formula dividing a contingent fee when a lawyer leaves and takes the client's case?
The opinion concluded that ER 1.5(e) is the exclusive framework for dividing fees among lawyers in different firms, so a firm-and-departing-lawyer contract dividing post-departure fees is ethically…
Did prior professional and personal links with a lawyer-party automatically disqualify a judge?
No on the stated facts. The Commission found past referrals, prior representation by the lawyer's firm, small campaign gifts, and a former teacher relationship insufficient by themselves, assuming…
Did a judge's serious accusations against opposing attorneys require recusal from their firms' cases?
Yes on these unusual facts. The Commission required recusal from pending cases involving either firm and from new cases where a firm member was initial counsel while related disciplinary proceedings…
Did a judge have to recuse from an insurer's cases because the judge's spouse sued the same insurer elsewhere?
Not merely because the cases shared an insurer and general subject. The Commission identified recusal grounds if the spouse worked on the same matter during their joint practice, had an affected…
Was a judge disqualified from city or county cases solely because the judge's son or his firm served as counsel for the city or county party but did not handle that case?
No, if the son did not participate in the particular case. The Commission listed additional grounds involving bias, affected interests, material-witness status, or case-related advice that could…
Did a $2,000 campaign contribution automatically require recusal, and did the JIC decide the statute's enforceability?
The Commission did not decide whether Ala. Code § 12-24-2 was enforceable or required reporting. Apart from any applicable statute, it found no automatic recusal from a contribution alone, while…
Can a West Virginia lawyer charge a non-refundable retainer, and when does keeping the unearned fee violate the rules?
It depends on the type. A non-refundable fee for availability is not a per se violation if clearly explained, but where specific work is expected all fees must be earned, and any non-refundable…
Can an insurance defense lawyer send the insured's legal bills to the insurer's outside auditor or reviewer?
Only with the insured's informed consent. The opinion concluded that itemized legal bills are confidential under Rule 1.6, so a lawyer may release them to outside auditors only after consulting the…
If a lawyer negotiates with the opposing party's paralegal, secretary, or other non-lawyer representative, is the lawyer helping that person engage in the unauthorized practice of law?
Generally no. As long as the non-lawyer representative is supervised by a lawyer under Rule 5.3, communicating with that representative does not assist the unauthorized practice of law, and a lawyer…
May a judge hear a case when an organization the judge belongs to appears as amicus curiae?
The committee gave no categorical answer. Membership must itself be permissible, the judge cannot shape a brief for a case that could come before the court, and participation depends on the judge's…
Can a Michigan judge moderate a political party's public forum on pending criminal-justice legislation?
Yes, a judge may moderate such a forum if the judge does not comment on pending or impending cases, does not take a position on a legislative initiative that would later require recusal, and the…
After local legal-services offices merge into one corporation, can different offices represent opposing low-income clients in North Carolina?
The opinion concluded that after consolidation, lawyers in physically separate local legal-services field offices are not necessarily one firm for imputation purposes, so different offices may…
Can a North Carolina lawyer get an opposing party's medical records by telling the custodian they can mail the file instead of attending a noticed deposition?
The opinion concluded that a lawyer may not mislead a records custodian about the lawyer's authority to compel production; a custodian may deliver the records directly to the lawyer in lieu of a…
Can a lawyer accept a referral or solicitor's fee from an investment advisor for sending clients to the advisor?
No. The opinion concluded that accepting a referral fee from an investment advisor to whom the lawyer steers clients impaired the lawyer's independent professional judgment, and written disclosure…
After a North Carolina lawyer's bankruptcy client is discharged, can the lawyer reveal an unreported inheritance the client refuses to disclose?
The opinion concluded a tip that a discharged Chapter 7 client received a reportable inheritance is confidential under Rule 1.6; Rule 3.3 candor no longer compels disclosure once the case has…
In North Carolina, can a lawyer link a criminal plea to settling the related civil fraud claim and demand a confession of judgment?
The opinion concluded that, although North Carolina deleted the old rule barring criminal threats for civil advantage, a lawyer may link related criminal charges and a civil claim if the lawyer…
Could a judge serve on a state college multicultural affairs advisory committee in 1999?
West Virginia JIC Opinion 1999-08 permitted the judge to serve on the college’s Multicultural Affairs Advisory Committee under former Canon 4C(3).
Can defense counsel paid by an insurer send detailed billing and case information to the insurer or its outside bill-auditing company?
The opinion concluded that a lawyer may release an insured's confidences or secrets, including detailed work descriptions, to the insurer or an insurer-hired auditor only after disclosing the…
When a settlement check arrives, must the lawyer pay the client's medical providers directly, and what happens if a lienholder is out of business?
The opinion concluded the lawyer must pay a provider directly when it has an undisputed valid lien or assignment, must hold disputed funds (while disbursing undisputed funds) when the client…
Could an Illinois judge confidentially assess another judge’s qualifications for a bar association evaluation?
Yes. The Committee distinguished private input on qualifications from public endorsement or participation in a public evaluation.
Could an Illinois judge lead an alumni fundraising drive for scholarships honoring another judge?
No. The Committee applied former Rules 64C and 65B to bar public solicitation despite the scholarship’s judicial and legal-education purpose.
Did an Illinois judge have to report suspected lawyer document alteration to the ARDC?
The Committee required appropriate disciplinary action under former Rule 63B(3), declined to say an ARDC report was invariably required, and said the possibly criminal alteration called for serious…
Could an Illinois judge’s name appear as an honoree on a school benefit invitation?
No. The Committee found that naming the judge helped solicit funds and that receiving an award made the judge a prohibited guest of honor at the fundraiser.
Could an Illinois judge serve on a nonprofit board promoting drug prevention among youth?
Yes, on the stated facts and subject to former Rules 64C, 65B, and 62A on impartiality, duties, fundraising, economic advantage, and court proceedings.
How may a judicial staff attorney support a spouse's campaign for judicial office?
The committee allowed political participation subject to judicial employee and candidate limits. It prohibited campaign conduct during court work or in court offices, use of court resources or…
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.