Professional Responsibility State Rules and Ethics Opinions Professor Barbara Glesner Fines University of Missouri - Kansas City School of Law 1996 For educational purposes only; not to be used as a source of authority.

STATE RULES AND ETHICS OPINIONS

An attorney wishing to obtain an advisory ethics opinion may have a number of sources to which he can direct his inquiry. In some states, the Supreme Court or the state disciplinary authority provides binding ethics opinions (similar to revenue rulings issued by the Internal Revenue Service). In most states, one can obtain a purely advisory opinion from the state bar association, a local bar association, or from a private attorney or law professor. The following outline describes the process by which advisory opinions are issued by the state bar associations (whether mandatory or voluntary) and by the state disciplinary authorities. For each state, the form of opinions issued, the authority of the opinions, and the processes for appeal of current opinions is described. Unless otherwise indicated, the states does not regularly review past opinions for current validity unless the validity of an individual prior opinion is raised by new requests or by changes in the law. Where the bar provides informal advisory systems (private letters or hotlines) these services are noted. Finally, the sources in which either summaries or full text opinions are published. States with integrated bar associations are noted with an asterisk.

ALABAMA *
Process	The General Counsel Staff of the Disciplinary Commission receives requests, researches and drafts opinions, which are approved by the Disciplinary Commission.
Authority	Opinions bind the state bar, providing a safe harbor for those relying on the opinion.
Appeal	Attorneys may request reconsideration by the Disciplinary Commission.
Informal Systems	Hotline for attorneys provides research assistance but is not binding on the bar.
Sources	Alabama Lawyer (selected full text opinions). Bar publishes an index to opinions. The Office of General Counsel will provide to members of the Bar "sanitized" copies of formal opinions previously issued by the Disciplinary Commission.
ALASKA *
Process	Advisory opinions are prepared by the Ethics Committee of the bar association for final review and adoption by the Board of Governors of the bar. The committee has fourteen attorney members including the bar counsel. Inquiries are submitted in writing, with pseudonyms for parties. As a matter of Board policy, the committee does not issue opinions on conduct for which disciplinary action is pending or likely. The committee reviews draft opinions monthly.
Authority	An attorney's failure to follow an opinion may be grounds for discipline; likewise good faith adherence to an opinion will generally provide the attorney with a safe harbor from discipline.
Appeal	While there is no formal appeal mechanism, members have requested reconsideration of opinions by the Board of Governors, who have suspended or modified opinions in the past.
Informal Systems	The Board permits bar counsel and members of the committee to give informal opinions on conduct not related to pending or potential disciplinary grievances.
Sources	Bar association has subscription service for opinions with an index. Full text of opinions also published in the Alaska Bar Rag (monthly bar publication).
ARIZONA *
Process	The Committee on Professional Conduct issues opinions to Arizona attorneys only. The opnions are prepared by the entire committee with opportunities for dissent.
Authority	Advisory only
Appeal	None
Informal Systems	Written inquiries are responded to by one committee member without committee review. If the attorney is in immediate need of advice, that attorney is referred to a member of the Committee on Rules of Professional Condut. Committee members are available, by phone, to offer assistance to attorneys thoughout the state who need immediate advice.
Sources	Informal opinions are unpublished. Formal opinions are available in full text through a bar association subscription service; selected opinions are published in the Arizona Bar Journal in summary form.
ARKANSAS
Though in the past, Arkansas did issue formal ethics opinions, it no longer issues advisory ethics opinions in any form.
CALIFORNIA *
Process	Attorneys and Judges of the California Bar may request advisory opinions from the Standing Committee on Professional Responsibility and Conduct. The members of this committee are appointed by the Board of Governors for three year terms, with representation equally divided between the northern and southern areas. The committee is composed of seventeen attorneys, one representative of the public, and the bar counsel. Inquiries must be in writing and may be directed to the bar counsel or to any member of the committee. Opinions may address the application of the rules of professional conduct and advertising and solicitation issues but questions of law or judicial conduct are not addressed. If the chair of the committee determines that a simple or routine response is appropriate, a letter opinion will be issued. Letter opinions are drafted by the chair or an assigned committee member and circulated to all committee members. Unless two or more members object within ten days, the chairperson sends the letter opinion to the attorney. Those inquiries meriting formal opinion responses are distributed to committee members, chairpersons of local bar association ethics committees, and other interested persons or entities in the discretion of the State Bar, requesting comments within thirty days. Drafts of opinions are prepared by members of the committee and circulated by mail. Opinions set forth a hypothetical summary of the facts of the inquiry, the relevant rules of professional conduct, a discussion of the issue and a conclusion. Proposed opinions must be approved by a majority of the committee, by meeting, postal ballot or telephone poll, unless two or more members request discussion at a meeting. Meetings are held every six weeks. Dissenting views are noted in the opinion. If requested by a majority of the committee, any formal opinion may be designated as a letter opinion, so that it will be issued only to the inquirer. Formal opinions are issued to the inquirer and circulated to members of the Board of Govenors Committee on Professional Standards and Admissions for approval. If there are no objections by this committee, the opinion will be placed on the agenda of the Board of Governors meeting for approval for publication.
Authority	Advisory only. Not binding on the courts, the State Bar, or any member of the State Bar.
Appeal	While the committee may reconsider opinions issued, they may not be appealled to the Board of Governors or the courts.
Informal Systems	See letter opinion process described above.
Sources	All opinions are available through the California State Bar. Opinions are announced in the State Bar Report published in California Lawyer. A separate volume published by the Bar, the California Compendium on Professional Responsibility also published and indexes opinions. Ethics Opinions are also issued by the following local bar associations in California: Los Angeles County Bar Association, Marin County Bar Association, San Diego County Bar Association, Bar Association of San Francisco, and Santa Clara County Bar Association
COLORADO
Process	The ethics committee consists of approximately 50 to 75 attorneys and laypersons appointed by the President of the bar association. A subcommittee of this group drafts formal opinions -- chosen on the basis of their general applicability.
Authority	Advisory only.
Appeal	One may request reconsideration by committee, though this rarely occurs. Committee periodically reviews all past opinions for current validity (about every 3-5 years).
Informal Systems	Private Opinions are issued only to members of the Colorado Bar Association upon written request. Requests are assigned to one member for preparation and are reviewed by the committee, after which the letter is sent under the signature of the committee chair. Calling committee also available for referral of telephone inquiries.
Sources	Colo. CLE, Ethics Opinions (2d 1990) updated through Colorado Lawyer
CONNECTICUT
Process	The Committee on Professional Ethics of the Connecticut Bar Association, made up of about 30 members, prepares formal opinions in response to written requests from attorneys. Each opinion is approved by the entire committee.
Authority	Advisory only
Appeal	None. All opinions were reviewed and republished in 1988 upon adoption of Model Rules of Professional Conduct; Otherwise, no regular review
Informal Systems	Informal opinions prepared in same manner as formal opinions, simply not published. Bar chair also accepts informal telephone inquiries, though no formal hotline exists.
Sources	Informal opinions are unpublished. Formal opinions are compiled in the Connecticut Bar Association, Formal Opinions text; and are published in full text in the Connecticut Bar Newsletter. The Connecticut Bar Journal also publishes opinion summaries.
DELAWARE
Process
Authority
Appeal
Informal Systems
Sources
DISTRICT OF COLUMBIA
Process	The Legal Ethics Committee of the District of Columbia Bar Association consists of 21 members (15 attorneys, 6 layperson) appointed by the Board of Governors. The committee responds to written inquiries only from any source. Opinions are prepared by one committee member, reviewed and approved by the entire committee.
Authority	Advisory only
Appeal	None.
Informal Systems	Letter responses by chair of committee only to written inquiries to issues addressed by previous opinions or by rules.
Sources	Published in Daily Washington Law Reporter
FLORIDA *
Process	The Professional Ethics Committee issues formal advisory opinions; the Ethics Department of The Florida Bar issues informal advisory opinions (which are designated as "staff opinions"). All staff opinions are not reviewed by the entire Professional Ethics Committee; rather, only the committee chair and vice chairs receive copies of all written staff opinions. The entire Committee reviews a written staff opinion when one of several events occurs, such as, for example, when the chair or vice chair places a staff opinion on the Committee meeting agenda for Committee review, when ethics counsel places a staff opinion on the Committee meeting agenda for Committee review, or when an inquiring attorney requests Committee review of the staff opinion that he or she was given. Formal opinions are reviewed by the Board of Governors only under certain specified conditions.
Authority	Purely advisory
Appeal	An inquiring attorney who is dissatisfied with a written staff opinion that he or she received has the right to request review of the opinion by the Professional Ethics Committee. If the inquirer wishes, he or she may seek Board of Governors review of the Committee's action.
Informal Systems	The Ethics Department of the Florida Bar issues written and oral informal advisory opinions concerning the contemplated conduct of inquiring Florida Bar members. Written informal opinions may be "appealed" to the Professional Ethics Committee and the Board of Governors in accordance with the procedures described above.
Sources	Proposed opinions published in the Florida Bar News; Full text of issued opinions are collected in Professional Ethics of the Florida Bar
GEORGIA *
Process	Office of General Counsel accepts written inquiries in hypothetical form from members of the bar association. The formal advisory board (appointed by the bar association president) reviews drafts of proposed opinions, and then submits these to the Georgia Supreme Court. The Supreme Court publishes the opinions in the Bar News, asking for comments or objections. After a final review, the Court then issues the opinions as final formal opinions.
Authority	Mandatory authority
Appeal	Public comment system (see above).
Informal Systems	Office of general counsel responds to telephone and written inquiries by Georgia attorneys regarding prospective conduct. These opinions are private, not published, and not binding.
Sources	Georgia Bar News (full text of proposed and final opinions); Opinions are cited as annotations to the Georgia code of conduct.
HAWAII
Process	Formal opinions are issued by the Disciplinary Board of the Hawaii Supreme Court. The Chief Justice appoints board members (both attorneys and lay people). Attorneys may request or the board may issue formal opinions addressing legal questions of general application. Informal Opinions will be issued to licensed attorneys only regarding their own prospective conduct. One member of the board prepares draft opinions for response to written inquiries, which are then reviewed and either approved or modified by the entire disciplinary board. Opinions are confidential.
Authority	Authority: All opinions are advisory only; however, since they are issued by the disciplinary board, an attorney following the opinion has a safe harbor from discipline.
Appeal	None.
Informal Systems	Individual members of the board may provide informal telephone advice, especially where the inquiry can be answered by reference to a rule or prior opinion. This informal advice has no binding authority whatsoever and does not necessarily reflect the opinion of the board.
Sources	Hawaii Bar News (full text of formal opinions)
IDAHO *
Process	The Idaho State Bar Ethics Committee consists of three attorneys who work in cooperation with Bar Counsel. Inquiries are referred by Bar Counsel to the committee, which discusses and resolves the inquiry and then assigns the opinion for drafting by one member. While once approved by the Board of Commissioners, this process has been discontinued.
Authority	Advisory only
Appeal	None
Informal Systems	Bar Counsel maintains hot line.
Sources	State Bar Deskbook (Selected opinions) The Advocate (Full Text)
ILLINOIS
Process	The Committee on Professional Conduct prepares opinions, which are then approved by the Board of Governors. It responds to requests from bar members on questions of application of professional responsibility.
Authority	Advisory only.
Appeal	None; General Counsel will review any past opinion before sending it to attorney requesting it and note possible problems due to changes in law. All opinions issued under the 1980 Illinois Code of Professional Responsibility have been reviewed under the 1990 Illinois Rules of Professional Conduct with the resultant affirmation or withdrawal of those opinions.
Informal Systems	None
Sources	Kirtley, J. Code of Professional Responsibility Annotated (Ill.) (1975) (S); Illinois Bar Journal (FT) Illinois State Bar Association, Opinions on Professional Ethics (1981). There is no official index to the opinions, though one is currently in process.
INDIANA
Process	Requests are submitted in writing to the legal ethics committee of the Indiana State Bar Association (a voluntary organization). The committee meets quarterly to reach decisions, the opinion is drafted by one member of the committee and finally approved by the entire committee before being sent to the inquirer.
Authority	Advisory only
Appeal	None
Informal Systems	None
Sources	Published in full text in monthly Res Gestae. No formal index prepared; however, office of the Indiana State Bar Association maintains an informal index.
IOWA
Process	Committee on Professional Ethics & Conduct (Commissioners of the Supreme Court by court rule) responds to written requests only by attorneys and judges. Committee staff prepares & committee approves.
Authority	Binding on Bar Disciplinary committee
Appeal	Exception taken to Supreme Court (Rule 118) for review
Informal Systems	None
Sources	Iowa Bar Association, Formal Opinions (full text); Iowa Lawyer
KANSAS
Process
Authority
Appeal
Informal Systems	None
Sources	A summary of selected opinions is published irregularly in the Think Ethics Column of the Kansas Bar Journal. There is no index to the opinions.
KENTUCKY *
Process	Ethics Committee (about seven members) responds to written requests for opinions. (Kentucky issues about 350-400 informal letter opinions per year.) A committee member prepares a written informal opinion for the inquirer or, if question of sufficient general applicability, the entire committee prepares a formal opinion, approved by 3/4 of the committee.
Authority	Advisory; however, may provide safe haven for individual inquirer.
Appeal	To the Supreme Court
Informal Systems	The Committee has responded to telephone requests and a formal telephone hotline is under review in connection with a proposed Supreme Court Rule.
Sources	Formal opinions are published in the state bar journal, Bench and Bar.
LOUISIANA*
As of April 1, 1990, Louisiana does not issue ethics opinions in any form.
MAINE
Process	Professional Ethics Commission (7 + 1 Atty Gen.) appointed by Board of Overseers under Supreme Court Rule 11. Only attorneys -- written inquiries. Members of commission prepare, reviewed by commission, occasionally dissenting noted.
Authority	Advisory only
Appeal	None: request for reconsideration by Bar
Informal Systems	Bar counsel informal advisory opinion.
Sources	Maine Bar Journal (FT); Maine Lawyer's Review (newspaper); Maine Board of Overseers, Professional Ethics Commission, Maine Manual on Professional Responsibility (updated annually + indexed)
MARYLAND
Process	The Committee on Ethics of the State Bar Association (18-26 members) provides wirtten opinions upon request from any interested party pertaining to interpretations of the state code of professional conduct. Occasionally, the disciplinary committee or judges have requested opinions.
Authority	Advisory only, however courts have cited the opinions as persuasive authority in disciplinary matters.
Appeal	None
Informal Systems	State bar operates hot line providing informal guidance on rules or past opinions that may be relevant to the caller's questions.
Sources	Report of the MD State Bar (1939-1961); Maryland Bar Journal publishes full text (bi-monthly). Bar also provides a subscription service.
MASSACHUSETTS
Process	Any bar member may first call the bar association liaison, who will research the question to determine whether it is answered by prior opinions. Opinions will address only future conduct relating to the professional responsibility code and will not address questions pending before any tribunal. If no prior opinions address the issues, the inquirer may write to the Committee on Professional Ethics. The question will be assigned to a committee member to draft a response. If approved by the committee, the letter is signed by the chairperson. It is sent to the requesting attorney (this chairman's letter is not published). If the committee feels the opinion addresses new areas or has been repeatedly asked, it will send the opinion to the Board of Delegates for approval as a formal opinion of the bar.
Authority	Advisory Only
Appeal	See above
Informal Systems
Sources	Massachusetts Law Quarterly; Mass. Bar Association Ethics Committee, Opinions (1973).
MICHIGAN *
Process	A lawyer or judge may request a written opinion from the State Bar Committee on Professional and Judicial Ethics (made up of attorneys, judges, and legal assistant affiliate). Requests are screened by the Regulation Counsel (see informal inquiries below) and referred to committee. Requests must be written, including statement of facts, issues involved, and revelant legal authorities identified. The committee may only respond to requests about the inquirer's proposed conduct, and will not issue opinions on questions of law or conduct of someone other than the inquirer. Responses take approximately one month. If opinions are reviewed and approved by the Board of Commissioners they are considered formal opinions.
Authority	Advisory only.
Appeal	May be requested of the Board of Commissioners.
Informal Systems	May call state bar's Regulation Counsel, who will consult on issues of the code of conduct, provide practical advice or research on regulatory issues.
Sources	Michigan State Bar Journal (synopses except for formal opinion which are in full text; cumulative index from October, 1988); Opinions on Profes- sional and Judicial Ethics provides synopses of all opinions from 1937 to October, 1988, with text of code.
MINNESOTA
Process	Minnesota attorneys and judges may request opinions by writing to the director of the Professional Responsibility Board, setting forth facts, authorities and issues. Staff of Board researches opinions. Opinions will not be issued if the issues are extraordinarily complex or relate to past condudt, conduct of others, questions of law, or advertising and solicitation. Most opinions are issued withing three weeks of inquiry.
Authority	Advisory only
Appeal	None
Informal Systems	Staff of office of Lawyer's Professional Responsibility will answer informal telephone inquiries immediately or by informal letter is research is necessary. Inquirers must identify themselves, though this information is condifential.
Sources	Summaries of advisory opinions are published in Bench and Bar of Minnesota (monthly). Full text opinions are available from bar office.
MISSISSIPPI *
Process	The Ethics Committee (9-11 attorneys) of the bar has issued approximately 180 formal opinions. The inquirers must be attorneys and direct their questions to the bar counsel, who refers them to the chair of the ethics committee if they are unanswered by prior opinions. The committee will consider only proposed conduct relating to the code of conduct (except as requested by the disciplinary committee). The opinion is prepared by one member of the committee and then reviewed and approved or changed by the full committee at its quarterly meeting. These opinions are termed informal advisory opinions and are sent to the inquirer but are not otherwise available. The Bar Commissioners are sent copies of all informal opinions before their regular meeting and the commissioners may change an opinion from informal to formal or may reject the opinion. As to formal opinions, they vote to publish the opinion or edit it before considering publication.
Authority	Informal advisory opinions are advisory only. Formal opinions bind disciplinary committee.
Appeal	None
Informal Systems	None
Sources	Office of Professional Responsibility, Mississippi State Bar, Rules of Professional Conduct, Rules of Discipline, Advisory Opinions (1987) (updated by bar publication : Mississippi Lawyer publishes the full text of formal opinions every other month);
MISSOURI *
Process	Advisory Committee of the Missouri Bar Administration (Appointed by Supreme Court) issues formal opinions, which are researched and drafted by one member and then approved by the committee
Authority	Advisory only, though individual inquirer may be provided a safe harbor from discipline.
Appeal	Rule 5 of Missouri Supreme Court allows appeal to the Supreme Court. Decisions on appeal become mandatory authority.
Informal Systems	Committee may provide informal written responses
Sources	MoBar CLE, Missouri Advisory Committee Opinions (1985); Missouri Bar Journal (full text - monthly)
MONTANA *
Process
Authority
Appeal
Informal Systems
Sources
NEBRASKA*
Process	Advisory Committee (7 atty) created by Supreme Court, will respond to issues presented in writing to chair, who may ask them to forward any research or additional facts to narrow question. The chair refers the inquiry to a committee member, who drafts the opinion. The opinion is reviewed by the committee, which decides whether it should be published.
Authority	Advisory only
Appeal	None
Informal Systems	Calling committee will answer questions informally
Sources	State Bar Association, Nebraska Lawyer's Desk Book, NSBA Newsletter (S),
NEVADA *
Process
Authority
Appeal
Informal Systems
Sources
NEW HAMPSHIRE *
Process	The New Hampshire Bar Association, Ethics Committee is appointed by the bar president and has 20-24 attorney members. The committee produces Practical Ethics Articles on recurrent or general questions. Written inquiries regarding hypothetical situations, can be directed to the committee by attorneys or by the conduct committee. A committee member prepares an opinion, which is reviewed by the entire committee. The opinions are also sent to the board of governors (though theirs is not a formal approval process).
Authority	Advisory only
Appeal	To Committee and Board of Governors
Informal Systems	Advisory for very specific cases
Sources	New Hampshire Bar News; New Hampshire Formal & Informal Opinions (with index)(1992)
NEW JERSEY
Process	The Advisory Committee on Professional Ethics (15 attorney and 3 general public members) is created under Rule 1:19 of the New Jersey Supreme Court. Opinions will be issued to members of the bar only. Inquiries must be written, with a detailed statement of facts, a summary of relevant law pertaining to the issue, and a certification that the issue is not involved in pending litigation. Opinions are generally issued within 3 - 6 months.
Authority	Binding on district ethics committee.
Appeal	Petition supreme court 20 days after publication
Informal Systems	Staff office of the committee will refer inquiries to past opinions when specifically on point.
Sources	New Jersey Law Journal (published weekly in full text; indexed every six months). CLE Institute publishes compendium volume biannually.
NEW MEXICO *
Process	The New Mexico Bar Association's Advisory Opinions Committee issues opinions to members of the bar. Inquiries must be in writing and relate to ethics of conduct or proposed conduct of the inquirer, as long as the conduct is not before a tribunal (no opinions on questions of law). Requests for opinions are either rejected or assigned within thirty days of the request and a draft opinion is circulated to committee members within forty-five days of assignment. Adopted opinions are published in the New Mexico Bar Bulletin (published weekly). As a separate process, the Disciplinary Board of the New Mexico Supreme Court issues informal opinions called "disciplinary notes" concerning issues the Board determines to be timely and of general interest. These are not in response to inquiries. These are also published in the Bar Bulletin.
Authority	Advisory
Appeal	None
Informal Systems	None
Sources	State Bar of NM, Report of the State Bar of New Mexico New Mexico Bar Bulletin
NEW YORK
Process	Committee on Professional Ethics of the New York State Bar Association issues opinions to attorneys. Inquiries must be written. Committee meets monthly. If no prior published opinion addresses the inquiry, and if there are not similar opinions issued or requested from other New York bar associations (see below), opinion will be assigned to member for proposed response; Vice-Chairs will respond to members for conference -- advise on letter response only (confidential) or also issuing formal opinions (generalized versions of inquiry and response).
Authority	Advisory only
Appeal	None
Informal Systems	Attorneys may be issued informal letter responses (see above). Bar also has telephone hotline.
Sources	NYS Bar Journal (full text); New York Law Journal (Selected opinions only); NYS Bar New (Summaries) Comm on Prof. Ethics, Formal Opinions, Volume 1-3 (3 bound volumes plus looseleaf update volume) Other New York Bar Associations: Bar Association of the City of New York, New York County Lawyer's Association.
NORTH CAROLINA *
Process	Ethics Committee of the bar association meets quarterly. The members of the committee are attorneys representing the judicial districts and are elected by the district bar association (about 20 members). The committee staff researches and prepares a proposed opinion, which circulates to the committee for objections or changes. The executive director of the committee may issue an informal advisory letter to the inquirer, noting that the opinion is pending committee approval. If none, the opinions are reported to the North Carolina Bar Council, primarily for information purposes.
Authority	Advisory only, though attorneys relying in good faith on an opinion may be provided a safe harbor from discipline.
Appeal	None
Informal Systems	Executive director may issue informal advisory letters or respond to telephone inquiries, though these do not represent committee opinion.
Sources	North Carolina State Bar Newsletter (full text each month plus annual index in April of each year); Cumulative volume in the 1988 Annotated Blue Book (contains rules of conduct annotated, including cases and opinions interpreting rules.)
NORTH DAKOTA *
Process	North Dakota attorneys may request ethics opinions of the Ethics Committee of the state bar association (attorneys appointed by the bar). Inquiries must be written and must relate to the inquirer's prospective conduct only. The committee will issue confidential "letter opinions" to the inquirer or, if the committee determines that the issue is of general interest or is on a new issue, it will issue a formal opinion.
Authority	Advisory only
Appeal	None
Informal Systems	None
Sources	Formal opinions are published in full text in The Gavel (state bar monthly publication).
OHIO
There are two state-level sources for ethics opinions in Ohio: the voluntary Ohio State Bar Association and the Supreme Court's Board of Grievances and Discipline.	OHIO Bar Association:
Process	The Ohio State Bar Association Committee on Legal Ethics and Professional Conduct is appointed by the President of the bar (81-82 members). A five-member subcommittee meets every other month and issues opinions. The Bar Counsel reviews inquiries and drafts opinions. If the subcommittee decides the response should be informal, the opinion is issued to the inquirer under the signature of the chair person without further review. Formal opinions are reviewed by the entire committee.
Authority:	Advisory only.
Appeal	None
Informal	Bar counsel will unofficially answer informal written and telephone inquiries.
Sources	Informal and formal opinions are digested in an annual column in the Ohio Lawyer Magazine. Formal opinions are published in the Ohio State Bar Association Report (weekly bar newsletter). An indexing project is currently underway. Copies of all OSBA opinions are sent to ABA/BNA Lawyer's Manual on Professional Conduct.
OHIO Grievance Committee
Process	The Ohio Supreme Court Rules for the goverment of the Bar provides a Board of Commissioners on Grievances and Disciplines (28 attorneys and 3 lay persons appointed by the court). This Board will issue advisory opinions regarding prospective conduct, framed as hypotheticals, involving issues of attorney and judicial conduct codes only. Inquiries are directed to the secretary of the commissioners. A subcommittee of five attorney members reviews the request to decide whether to issue an opinion and in what form. A staff attorney drafts the opinion, which the subcommitte reviews.
Authority	Advisory only.
Appeal	None
Informal	Staff letters (informal, clear answers) telephone inquiries.
Source	Syllabi published in Ohio State Bar Association Report. Mailing list for full text opinions. Index on request.
OKLAHOMA *
Process	Oklahoma attorneys may direct written inquiries, in hypothetical form, to the general counsel's office. Drafts of the opinions are reviewed by the bar association's legal ethics committee and sent to the bar association's board of governors for approval.
Authority	"Advisory opinions shall only have such force and effect as they are given by the Supreme Court of the State of Oklahoma and shall not be construed as anythin other than advisory in nature. The OBA disclaims any liability in connection with the issuance of its opinions."
Appeal	None
Informal Systems	General Counsel's office will respond to telephone inquiries by Oklahoma attorneys.
Sources	Full text of formal opinions are published in the Oklahoma Bar Journal. If opinions relate to new issues or changes in rules of conduct, they are published in Oklahoma Decisions (West).
OREGON *
Process	The Legal Ethics Committee of the bar responds to a bar member's written inquiry in hypothetical form regarding prospective conduct. The inquiry is assigned to a committee member, for research and recommendation regarding the type of response and for drafting a proposed opinion, where appropriate. If an informal opinion is approved by the Legal Ethics Committee, it is sent to the attorney only. If the Committee issues a formal opinion, the draft opinion is sent on to the Board of Governors for final approval.
Authority	Both informal and formal opinions are advisory only; however, following an opinion may be considered as mitigation in any disciplinary proceedings.
Appeal	None.
Sources	Oregon State Bar, (full text, indexed) (1989). Informal opinions are not published.
PENNSYLVANIA
Process	Inquiries from any attorney in the commonwealth or other jurisdictions are screened by the state bar association Ethics Coordinator to determine new inquiries for referral to the Committee on Legal Ethics and Professional Responsibility. Opinions will not be issued if other bar associations in the commonwealth have issued or are considering the same question. (see below) The committee has about ninety members; opinions are first researched and drafted by small subcommittees and then circulated to entire committee. The committee determines whether opinions should be considered informal (narrow questions particular to inquirer -- generally unpublished -- about 300 annually) or formal (about four annually -- questions of broad applicability, published, go through more careful re-drafting by committee).
Authority	Advisory only.
Appeal	None.
Informal	Hotline answers approximately 850-900 inquiries annually.
Sources	Pennsylvania Lawyer (publishes all formal opinions and selected informal opinions primarily in digest form). Offices of ethics coordinator maintains index to all opinions. Other Pennsylvania Bar Associations that issue ethics opinions: Alleghany County Bar Association, Philadelphia Bar Association
RHODE ISLAND*
Process	The Ethics Advisory panel of the Rhode Island Supreme Court accepts requests for opinions from any member of the bar association concerning the application of the rules of conduct to the inquirer's prospective conduct. The panel members are all volunteer attorneys appointed by the Supreme Court for terms of one year. Written requests are directed to the chair of the panel and must detail the facts (using pseudonyms), cite applicable rules of conduct, and represent that the facts directly affect the inquirer and that the opinion will not affect pending actions. Inquiries are sent to all panel members, who meet monthly to review inquiries. If two-thirds of the committee accept a request for consideration, the inquiry will be researched and drafted by counsel to the panel. After panel approval, the opinion is issued to the attorney and published. The panel may also, on two-thirds vote, issue general informational opinions regarding recurrent issues or issues of general interest; these opinions are considered general policy statements rather than advisory opinions.
Authority	Provided facts are accurate and complete, the inquiring attorney who follows an advisory opinion is conclusively presumed to have complied with the rules of conduct. General informational opinions are statements of position or policy; having no authority.
Appeal	None.
Informal	None.
Sources	Advisory opinions are published in digest form in the Rhode Island Bar Journal and the Rhode Island Lawyers Weekly. The opinions themselves are confidential.
SOUTH CAROLINA*
Process	The Ethics Advisory Committee, composed of approximately 20 attorneys representing a cross-section of the Bar, issues opinion exclusively to South Carolina Bar members on the ethical propriety of their contemplated conduct. Inquirers send a cover letter on letterhead, so they can be verified as a Bar member and subsequently receive the written opinion. Their accompanying hypothetical is on plain paper, so the inquirer remains anonymous. The inquirer is then assigned to a committee member who within two weeks drafts the opinion and submits it to the Bar. The Bar then disseminates the draft to the full committee which has two weeks to submit written comments. At the monthly committee meeting, the opinion is discussed and issued. The full opinion is sent to the inquirer; a summary is printed in the Bar's bimonthly publication.
Authority	Advisory only.
Appeal	Reconsideration is available to any inquirer.
Informal	Informal inquiry service maintained for bar members.
Sources	South Carolina Bar News (summaries of all opinions issued bi-monthly); Legal Ethics for South Carolina Laywers (S.Car. CLE 1990)(compilation)
SOUTH DAKOTA*
Process	Attorneys may request informal opinions from the bar ethics committee (attorneys appointed by the bar president). A subcommittee of three members review a draft of the opinion. If anonymity of inquirer can be maintained and issues are of general interest, opinion is sent to the attorney only.
Authority	Advisory only.
Appeal	None
Informal	No telephone inquiries.
Sources	South Dakota Bar Journal (monthly full text).
TENNESSEE
Process	Ethics Committee of the Board of Professional Responsibility is created by the Tennessee Supreme Court. Staff attorneys research and prepare advisory ethics opinion in response to attorney inquiries. Formal ethics opinions are reviewed by a three-member panel of the committee.
Authority	Formal Opinions bind disciplinary system. Informal ethics opinions are advisory only.
Appeal	None.
Informal	Staff attorneys will provide private informal advisory letters and phone inquiries; however, not the opinion of the committee.
Sources	Only formal ethics opinions are published. Young Lawyer's Conference of the Tennessee Bar Association. Tennessee Ethics Handbook
TEXAS*
Process	Opinions are issued by the Professional Ethics Committee (nine members appointed by the Supreme Court) to any Texas attorney. Committee meets quarterly to review inquiries.
Authority	Advisory only.
Appeal	None
Informal	General Counsel's staff attorney will respond informally by telephone to inquiries.
Sources	Texas Bar Journal (full text of all opinions; published index in April, 1990).
UTAH*
Process	Ethics Advisory Opinion Committee (atty -- 20) of the Utah State Bar Association, appointed by the president of the bar commission. Chair screens inquiries and appoints to a 3-member panel to draft; Entire committee approves. Opinion goes to Bar Commission for final approval.
Authority	Binding on anyone licensed in the state.
Appeal	None.
Informal	Office of Bar Counsel will provide informal written opinions; informal hot line
Sources	Utah Bar Journal or On request to Bar Office
VERMONT
Process	Any bar member or other attorney may request an advisory opinion by writing to the Chair of the Ethics Committee of the Vermont State Bar Association, setting forth the specific facts relating to their inquiry. Opinions are issued by the Vermont Bar Association ethics committee, which consists of ten volunteer attorney members. The committee will not address conduct subject to current disciplinary action or litigation or conduct of a person other than the inquirer. Opinions address only issues relating to the application of the rules of professional conduct or advertising and solicitation restrictions. Questions of law or judicial ethics are not within the scope of the opinion. Inquiries are screened initially by the chair of the committee. The committee meets to discuss inquiries and opinions are then assigned for research and drafting by individual committee members. The draft opinions are then circulated for discussion and approval.
Authority	While advisory opinions have no binding authority, they may provide a safe harbor from discipline for the inquirer when relying on an opinion issued in response to accurate and complete facts, without intervening changes in law or circumstances.
Appeal	While the committee may reconsider opinions it has issued, opinions may not be appealed to either the state bar association or the courts.
Informal	All inquiries must be in writing and all opinions are made public (with identity of inquirer shielded). No more informal opinions are issued.
Sources	Vermont Bar Association.
VIRGINIA*
Process	State bar president appoints nine members each to the standing committees on legal ethics and unauthorized practice of law [nine lawyers to ethics committee; seven lawyers and two non-lawyers to unauthorized practice committee]. Staff attorneys research and draft opinions, which are reviewed first by one committee member, then by entire committee for approval or revision. Any bar member may inquire about contemplated or actual conduct in writing to the Executive Director. Inquiries must be in hypothetical on a form prepared by the committee, and must include the inquirer's own research. If Chair of Committee determines issue is previously addressed, no opinion will be issued.
Authority	Advisory only.
Appeal	Any member may request that the committee reconsider an opinion. Any member who has requested an opinion or a reconsideration of an opinion and who disagrees with the result stated may appeal such opinion to Council of State Bar for approval, modification or disapproval. No later than 45 days prior to Council's consideration of an opinion, Bar must issue a press release summarizing the opinion to be reviewed and print the press release in the Bar News. Anyone may file comments with the Executive Director within 30 days of the press release; Bar Counsel and State Attorney General are required to file comments. Except as specifically authorized by Council, there is no provision for oral argument. Council will approve, modify or disapprove the opinion after which it is published as an advisory opinion of the Bar. Opinions in which Council concludes that conduct constitutes the unauthorized practice of law and other advisory opinions which Council, by majority vote, desire to transmit, shall be reviewed by the Supreme Court. Where an opinion is transmitted to the Court, a second press release is issued inviting public comments. Bar Counsel may respond to those comments. Except as specifically requested or ordered by the Court, there is no provision for oral argument. If Court adopts or modifies opinion, it becomes a decision of the Court.
Informal	Staff Attorneys and Research Assistant may respond to inquiries in which prior opinions resolve the question. Bar maintains telephone hotline service in which Staff Attorney may advise bar members on ethical conduct and Research Assistant may direct bar members to applicable rules and prior opinions.
Sources	Virginia State Bar Professional Handbook (1986) (1987 Supp.); Virginia Lawyer Register (August 1990); Virginia Lawyers Weekly (published summaries); ABA/BNA Lawyer's Manual on Professional Conduct (published summaries); Opinions incorporated in the Virginia Code Annotated as of July 1991.
WASHINGTON *
Process	Rules of Profession Conduct Committee issues opinions on its own motion & upon request. Opinions are approved by Board of Governors.
Authority	Informal -- none. Formal -- Binding upon Association (same effect as attorney's general opinions)
Appeal	No. All opinions were reviewed for current validity in 1986 when state adopted new rules
Informal	Informal Hot Line -- response to inquiry (not binding on association)
Sources	Formal only: 1991 Washington State Bar Association Resources; Washington State Bar News
WEST VIRGINIA*
Process	The Committee on Legal Ethics (currently 15 lawyers and 5 laypersons appointed by the State Bar Board of Governors) not only issues opinions but is also the state disciplinary committee. Opinions are prepared by one member and approved by entire commitee. Requests may come from attorneys, Bar counsel, courts, or on the committee's own motion.
Authority	In form, purely advisory; however, since same body issues opinions as determines discipline, in substance the opinions provide a safe harbor.
Appeal	None.
Informal	Hotline; Bar counsel also issues informal letter opinions (not the opinion of the committee)
Sources	The Lawyer (West Virginia State Bar Journal -- publishes full text of opinions monthly), Opinions of the Committee on Legal Ethics of the West Virginia State Bar (1987 w/ index).
WISCONSIN*
Process	State Bar of Wisconsin Committee on Professional Ethics is created by Wisconsin Supreme Court rules. (12 attorney members appointed to three year terms by President of the Bar.) Members of bar may make written inquirires in a hypothetical format regarding any questions of application of rules only. (No matters of law.) Staff counsel prepares research and draft opinion or no action letter, which is circulated to members. Final form of opinion is decided by committee at meeting about every other month.
Authority	Advisory only, but may be very persuasive authority.
Appeal	Can ask for reconsideration by committee. Attorneys may petition the Supreme Court for rules changes through the Board of Governors.
Informal	Published Wisconsin Lawyer (Bar Bulletin) Index (periodically).
Sources	State Bar compilation (CLE 1990) Index.
WYOMING*
The State Bar of Wyoming does not issue advisory ethics opinions.

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