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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Does a Minnesota lawyer need a client's informed consent before posting about the client's matter on a listserv?
Not always. Minnesota Rule 1.6(b)(2) lets a lawyer disclose non-privileged information the client has not asked to keep inviolate and that the lawyer reasonably believes is not embarrassing or detrime…
I represented a client only in his SSDI claim. I later learned he falsely attested, in a separate workers' comp settlement I had nothing to do with, that he had not applied for SSDI. Must I report that to a tribunal?
No. The panel held that the duty of candor under Rule 3.3 attaches only where the lawyer is representing the client in the proceeding in question, and because the inquiring attorney never represented …
When a company's lawyer advises the company about a course of action that could expose an officer or employee to personal liability, does the lawyer owe anything to that constituent?
The lawyer represents only the organization, not its constituents. But competence and candid-advice duties can require advising the organization about legal risk to its constituents, and Rules 4.1, 4.…
When must a Maine lawyer report another lawyer's misconduct under Rule 8.3, and does client confidentiality override the duty?
A Maine lawyer must report another lawyer's misconduct when the lawyer has actual knowledge (to a substantial certainty) of a rule violation that raises a substantial question about the other lawyer's…
Does an Arizona lawyer have to give a client's family and friends updates about the client's case?
No per se duty. The opinion concluded a lawyer is not automatically required to update a client's family or friends; with the client's informed consent the lawyer may do so, the lawyer decides whether…
Can a South Carolina lawyer serve as local co-counsel with an out-of-state alternative business structure (ABS) that has nonlawyer owners, or own an interest in one?
No to both. A South Carolina lawyer may not serve as local co-counsel with an ABS whose nonlawyer owners would share in the fee, because that violates Rule 5.4's bar on sharing fees with nonlawyers (t…
Can a lawyer authorize a government portal like Pay.gov to debit the trust account to pay a client's medical lien by ACH, and how is recordkeeping satisfied?
Yes. Comment 9 to Rule 1.15 is not an exclusive list, so a lawyer may authorize an ACH debit from the trust account to pay a lien or other client obligation; the lawyer must keep full documentation of…
Can a criminal defense lawyer file a motion to vacate a drug conviction (after State v. Blake) for a former defendant without a current attorney-client relationship or the person's consent?
No. The committee concluded that a lawyer must have a current attorney-client relationship and the client's informed consent to move to vacate a conviction; a lawyer may not act for someone without th…
What ethics duties must a Washington lawyer follow when using AI-enabled tools like ChatGPT in practice?
AI tools are permitted, but the lawyer remains responsible for the work and must satisfy the duties of competence, diligence, confidentiality, communication, candor, supervision, and reasonable fees. …
Can a Washington law firm make a departing lawyer pay a share of fees from client matters they take with them?
There is no definitive Washington answer. RPC 5.6(a) may not bar every such agreement, but the required fee division should bear a reasonable relationship to the firm's investment and remaining work; …
How must a Washington lawyer handle funds in the trust account that the client and a third party both claim?
The lawyer must promptly pay out the undisputed amounts, keep the disputed portion in trust until the dispute is resolved, investigate each claim preliminarily, and (if more than one claim is nonfrivo…
If a lawyer buys a retiring lawyer's whole practice, can the buyer keep the seller's name in the firm name?
No. Under Washington's Comment [10] to RPC 7.1, it is misleading to use the name of a lawyer who is not associated with the firm or a predecessor of the firm, so a purchaser may not keep the selling l…
Can a lawyer for a long-term care facility share a resident's information with a prospective guardian and later represent both the facility and the guardian?
A facility's lawyer may share resident information with a prospective guardian only if substantive law permits it and the lawyer's competence duty to the facility (including protecting the resident's …
Can an Oregon lawyer use AI and generative AI tools in their legal practice?
Yes, with conditions. The opinion concludes Oregon lawyers may use AI and generative AI if they gain competence in the tool, protect client confidentiality, bill honestly, and supervise its use; an op…
Does a Pennsylvania lawyer have to put the fee in writing for every client?
Almost always. The opinion concludes that under Rule 1.5(b) the basis or rate of the fee must be communicated in writing, before or within a reasonable time after starting work, unless the lawyer has …
Can a Colorado lawyer be paid through a crowdfunding campaign, and what are the ethical limits when the lawyer runs the campaign instead of the client?
Yes. The opinion concludes crowdfunding to pay legal fees is not presumptively unethical, but the lawyer must keep the third-party payor from interfering with professional judgment, avoid unauthorized…
My former client is appealing his criminal convictions by claiming I represented him ineffectively, and I expect to be subpoenaed. May I testify using confidential information from the representation to defend myself?
The panel concluded the attorney may testify using information relating to the former representation. Although Rules 1.6 and 1.9(c) ordinarily bar revealing such information even after the representat…
Must an Ohio judge recuse when a lawyer appearing before them is the judge's campaign opponent?
No, not automatically. A judge need not recuse merely because a lawyer before the judge is the judge's current or former campaign opponent; recusal is required only if, on the facts, the judge's impar…
Must an Ohio judge recuse when a party's lawyer is also representing the judge in another matter?
Yes, absent a waiver. A judge must recuse from a case where a party is represented by a lawyer who is concurrently representing the judge in another matter, whether personal or official; the duty does…
Do conflicts of interest from a New York law firm's hire of an unadmitted summer law clerk, intern, or law-school graduate get imputed to the firm under Rule 1.10? What confidentiality steps does the firm have to take?
Per the opinion, unadmitted summer law clerks, interns, and law school graduates are not 'lawyers' under Rule 1.10, so their prior work does not create imputed conflicts when they are hired. Firms mus…
Can a nonprofit criminal defense organization set up and run GoFundMe pages to help its indigent clients cover living expenses after release?
Yes, with conditions. The opinion concludes a nonprofit defense organization may administer GoFundMe pages for indigent current clients under Rule 1.8(e)(4)'s humanitarian exception if the assistance …
Can a Mississippi lawyer use generative AI in practice, and what duties of confidentiality, competence, billing, and client disclosure apply?
Yes. The opinion concludes a lawyer may ethically use generative AI if the lawyer safeguards confidential information, is competent in the tool, verifies the accuracy of its output, bills reasonably, …
Opposing counsel in my client's divorce is also a probate judge before whom I represent a different client in an unrelated matter. Is that a conflict of interest that forces me to withdraw?
The panel concluded no concurrent conflict of interest exists, so the attorney need not withdraw from either representation. The two clients are unrelated parties in unrelated matters, so the represen…
Can a North Carolina lawyer use artificial intelligence, including generative AI, to help provide legal services?
Yes. The opinion concludes a lawyer may use AI if the lawyer does so competently, protects client confidentiality, supervises the AI's work product, and bills honestly; the lawyer remains fully respon…
Can an Oregon lawyer use a client's name or matter in marketing, a CLE, or to confirm a public news story without consent?
Generally no without informed consent. The opinion concludes information relating to a representation is broadly protected under Oregon RPC 1.6; Oregon has no generally-known exception, and the advert…
Which state's rules govern a New York-admitted lawyer's duty to report misconduct when she mainly practices immigration law in another state?
The rules of the state where she principally practices. Under Rule 8.5(b)(2)(ii), a NY lawyer who is deemed licensed in another state and practices there almost exclusively must comply with that state…
Does a lawyer have any ethical duty to act when unknown scammers create fake social media accounts impersonating the lawyer to defraud the public?
No. The opinion concludes a lawyer who knows that an unknown person is creating fake social media accounts to scam the public has no duty under the Rules to take any action against the fake accounts, …
I'm a town solicitor and a Town Councilor whose interests have turned adverse to the Council is undermining our case and may draw sanctions against the Council. How do I proceed under the ethics rules?
The panel concluded that under Rule 1.13 the solicitor should tell the Councilor his or her interests are now adverse to the Town Council, that the solicitor no longer represents the Councilor, and th…
If a public agency inadvertently sends a lawyer privileged material in response to a public records request, what must the lawyer do?
The lawyer must promptly notify the agency once the lawyer knows or reasonably should know the material was inadvertently sent. Nothing in the rules bars the lawyer from reading it, sharing it with th…
Can a New Mexico lawyer use generative AI tools like ChatGPT in the practice of law?
Yes. A New Mexico lawyer may use generative AI in practice, but must do so responsibly, protecting client confidences, verifying AI output for accuracy and candor to courts, charging only for time act…
When must a New Jersey lawyer pay a lien out of a client's settlement, and when can the money go to the client?
A lawyer must honor valid, undisputed statutory liens (child support, ERISA, Medicare, Medicaid, workers' compensation), liens the lawyer agreed to pay (such as a letter of protection), and liens the …
What must a New Jersey lawyer do when two people claim the same money the lawyer is holding in trust?
Hold the disputed portion separately until the dispute is resolved. If a colorable claim cannot be resolved quickly, keep it in trust or deposit it in court under Rule 4:57; only if a claim is clearly…
Can a state agency lawyer work on an enforcement action against a company the lawyer represented in private practice before joining the agency?
Only sometimes. The opinion concludes the agency lawyer has a conflict only if he would normally have acquired confidential information in the prior representation that is material to the enforcement …
May a school district's lawyer who attends an IDEA ARD/IEP meeting communicate with represented parents about the meeting's subject matter when the parents' lawyer does not attend?
Per the Committee, no: Rule 4.02(a) prohibits the school's lawyer from communicating with the represented parents about the subject of the representation without the consent of the parents' lawyer. Th…
Can an Oregon lawyer represent a client from a different culture or who speaks a different language?
Yes, qualified. The opinion concludes a lawyer may represent a client of a different cultural background or language so long as the lawyer provides competent representation and can communicate effecti…
Can a part-time county Department of Social Services attorney represent private clients in Family Court matters where DSS is involved?
Not where DSS has an interest or plays a meaningful role; that conflict is non-consentable. Where DSS is involved but has no real interest, the lawyer may proceed only after a Rule 1.7(b) analysis wit…
Can a lawyer accept real estate clients referred by an associate at the firm who is also a licensed real estate broker?
Yes, conditionally. The opinion concludes a lawyer may accept clients referred by an associate who is also a real estate broker, provided the lawyer does not share legal fees or real estate commission…
How much does a lawyer have to investigate a client before taking the matter to avoid assisting a crime or fraud, and when does that duty come up again later?
Under amended Model Rule 1.16(a), a lawyer must make a reasonable, risk-based inquiry before each representation, and renew it when later facts raise questions about whether the client is using the la…
Can a lawyer use an online bidding platform that takes a percentage of the legal fee and vets the participating attorneys?
No. The opinion concludes that paying a non-lawyer-owned online bidding service a percentage of the legal fee violates Rule 5.4(a)'s bar on fee sharing; because the service vets and rates the lawyers'…
My firm represents private clients before a town's planning and zoning boards. If the firm also takes on prosecuting the town's misdemeanor cases, can it keep representing those private clients before the town's boards?
The panel concluded the two representations create a concurrent conflict under Rule 1.7(a), imputed firm-wide under Rule 1.10(a). The conflict is generally waivable if Rule 1.7(b)'s conditions are met…
Can a lawyer's engagement letter bar the client from recording their communications, and let the lawyer withdraw if the client records anyway?
Yes, with limits. The opinion concludes a retainer agreement may include a no-recording clause and may allow withdrawal for a violation, but only if the agreement does not mislead the client about whe…
What are the New York ethics obligations of a lawyer or law firm using generative AI tools in practice (chatbots, legal-research AI, document review and analytics)?
The opinion provides general guidance rather than hard rules. Per the opinion, a New York lawyer using generative AI must consider confidentiality (Rule 1.6), conflicts (Rules 1.7-1.12), competence an…
May a Texas lawyer accept payment from a nonlawyer-owned company for prerecorded and livestreamed educational legal presentations to the public, answer specific fact questions from audience members, and represent viewers who later contact the lawyer?
Per the Committee, yes on each: payments for educational presentations on general legal topics are not 'legal fees' under Rule 5.04(a); providing such presentations is not the practice of law and does…
What do the ethics rules require of a lawyer who uses generative AI tools like ChatGPT in client work?
Lawyers may use generative AI but must understand the tool's limits, independently verify its output, get the client's informed consent before inputting information relating to the representation, and…
Can a North Carolina lawyer let a vendor install a self-service kiosk in the law office, collect rent or referral fees for client sign-ups, and be listed in the vendor's marketing?
The lawyer may host the kiosk and be listed in the vendor's marketing if Rule 7.4 is met, but may not take rent or a per-client referral fee tied to client sign-ups, which create a nonconsentable pers…
Can a part-time assistant public defender whose cousin and law partner is a part-time town judge appear in that town court or at arraignments transferred there?
He may not appear in the town court where his cousin/partner or the co-judge presides, but he may handle a defendant's arraignment in a centralized arraignment part (when neither presides) even if the…
Can a New York lawyer invest in or do business with an alternative business structure (ABS) law firm that operates legally in a state like Arizona or Utah that allows nonlawyer ownership?
A New York lawyer may hold a passive financial interest in a lawful out-of-state ABS and may enter an arm's-length fee-sharing arrangement with one, as long as the ABS and the New York firm stay legal…
After a law firm suffers a data breach or ransomware attack, when must a New York lawyer tell clients, and can the lawyer pay or lie to the extortionist?
A lawyer must take reasonable steps to protect client data and, under Rule 1.4, promptly notify current clients when a cyber incident is a material development. Paying a ransom is neither prohibited n…
I've learned that a key document my client wants to use in litigation is fraudulent, and my client denies it and wants to proceed. Must I disclose the fraud to the court before I withdraw?
The panel concluded no disclosure is required before withdrawing. Because the client had not yet offered the fraudulent document (the summary-judgment response was only prospective) and had alternativ…
My former client, now deceased, confessed to me that he set a fire, and now someone else has been criminally charged for it. Am I permitted to disclose the confession?
The panel concluded the attorney must disclose. The confession is confidential under Rules 1.6(a) and 1.9(c), but the duty of candor under Rule 3.3, which qualifies confidentiality and applies even wh…
In an immigration matter, my client's sibling (whom I don't represent) told me the sibling had filed a fraudulent application in my client's name years ago. Do I now have a conflict of interest that forces me to withdraw from representing the client?
No. The panel concluded no withdrawal is required. Because the sibling is neither a current client nor a prospective client under Rule 1.18 (the attorney told the sibling to retain separate counsel), …
I represent a client in a slip-and-fall case, and one of the defendants' witnesses turns out to be another current client of mine in an unrelated workers' comp matter. I need to depose and cross-examine that witness. Do I have a conflict, and must I withdraw?
Yes. The panel held a directly adverse concurrent conflict exists under Rule 1.7(a)(1), because the attorney must cross-examine one current client (the adverse witness) on behalf of another. The confl…
Can a lawyer write and publish an article about legal issues from a former client's case?
Yes, after the representation ends, as long as the article does not reveal the client's confidential information without consent. Legal knowledge and genuinely 'generally known' facts are not confiden…
Can a lawyer pay to be listed on a website that promises to match clients with carefully vetted, highly qualified attorneys?
No. The opinion concludes that a website claiming to connect clients with carefully vetted, excellently qualified attorneys is an advertisement on the lawyers' behalf, and the lawyers' payment to be l…
When a government agency funds a lawyer's representation of clients, can the lawyer report the clients' confidential information back to the funder?
Only with informed consent. The opinion concludes a lawyer may share information with a funding agency if it is not confidential under Rule 1.6(a), but may not disclose a client's confidential informa…
Can a West Virginia lawyer use artificial intelligence, including generative AI, in a law practice?
Yes. Nothing in the West Virginia Rules of Professional Conduct prohibits using AI as a tool, but the lawyer's duties of competence, diligence, communication, confidentiality, and supervision still ap…
Can a lawyer licensed in another state or country live in Georgia and practice law remotely if the work has no connection to Georgia?
Yes, with conditions. A lawyer not admitted in Georgia may live in Georgia and practice remotely on matters with no Georgia connection if the lawyer does not hold out as Georgia-licensed, keeps the Ge…
Does Ohio's mandatory fee arbitration rule apply to a fee dispute between a lawyer who left a firm and that lawyer's former firm?
No. Ohio's mandatory fee mediation or arbitration under Prof.Cond.R. 1.5(f) reaches only disputes between lawyers in different firms who agreed to divide fees under Rule 1.5(e). A departed lawyer's di…
Can an Oregon lawyer advance a litigation client's living expenses, post bail, or pay the lawyer's own investigation costs?
It depends on the advance. The opinion concludes advancing living expenses risks a conflict under RPC 1.7(a)(2) and is allowed only as modest gifts to indigent clients under RPC 1.8(e)(3); advancing b…
Can a Pennsylvania lawyer use generative AI like ChatGPT in their practice?
Yes, with safeguards. The joint opinion concludes lawyers may use AI if they understand its risks, verify all output and citations, protect client confidentiality, supervise it like nonlawyer staff, a…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- 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.