Massachusetts Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Massachusetts Bar Association, with full citations and source links on every page.
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Can a Massachusetts lawyer list citations to published cases the lawyer handled on the firm website without client consent?
Not always. A published opinion can still contain confidential information under Rule 1.6, so if the case details are embarrassing or detrimental and not generally known, the lawyer must get the clien…
Can a lawyer pay a commercial website that lets prospective clients post their needs and invite proposals, paying only when a client retains the lawyer?
Yes. Because the client initiates contact through the website and requests proposals, the program is permitted advertising under Rule 7.2 rather than prohibited paid solicitation under Rule 7.3(f), an…
Can a lawyer draft an advertisement for a client to run under the client's own name when the lawyer could not run it herself under the trial-publicity rule?
The committee concludes there is a substantial risk of violating Rules 3.6 and 8.4(a). A lawyer cannot accomplish through the client, as the client's mouthpiece, what Rule 3.6 bars her from doing dire…
Is a bar association's online member directory with links to lawyers' web pages a referral service, and when do lawyer web sites count as advertising or solicitation?
The committee concluded that an online bar directory was not a lawyer referral service and that the bar need not police members' linked pages; informational lawyer web sites need not be labeled advert…
Can a lawyer mail business cards to accident victims and others learned about through the news, and what must the mailing say?
The committee concluded that targeted solicitation of accident victims and similar people in distress was usually barred because they may be unable to exercise reasonable judgment in hiring a lawyer, …
Can a lawyer advertise a specific contingent fee rate, like '25% contingency fees for personal injury cases'?
The committee concluded a lawyer may advertise contingent fee rates only if the ad specifies whether the rate is computed net or gross of costs the client owes, because an unqualified rate is open to …
Can a lawyer phone or mail potential co-plaintiffs to ask them to join litigation, and can the lawyer ask the client to do it instead?
The committee concluded that mailed solicitations must be labeled 'advertising,' telephone solicitation for a fee is prohibited, and a lawyer may not have the client recruit co-plaintiffs to circumven…
Can a financial services firm send its clients letters offering a law firm's services at reduced rates as a way to bring the law firm business?
The committee concluded that a law firm may not let a financial services agency solicit business for it by writing to the agency's clients offering the firm's services at reduced rates, because the re…
Can a law firm hold an educational seminar for clients and non-clients, hoping it brings in business, without it counting as prohibited solicitation?
The committee concluded that a law firm may hold an educational seminar for a mixed audience of clients and non-clients, and mail a brochure inviting them, without violating the solicitation rules, so…
Can a lawyer act as a divorce mediator, draft the separation agreement, and team up with a non-lawyer counselor?
The committee concluded that a lawyer may serve as a divorce mediator (alone or with a lay counselor) if he explains that he represents neither party, warns of the risks of proceeding without independ…
Can lawyers who only share office space call themselves 'A, B, C & D, a Professional Association'?
The committee declined to advise that using 'a Professional Association' after a partnership-style name for lawyers who share office space but are not partners is deceptive, given the term's past use …
Must a law practice that has incorporated as a professional corporation tell clients and courts about that status?
The committee concluded that a sole practitioner who employs others, or a firm, that has incorporated as a professional corporation should disclose that status, because the corporate form limits share…
Can a Massachusetts lawyer publish a notice of availability as a consultant or specialist to other lawyers, and in which publications and how often?
The committee concluded that a lawyer could publish a dignified notice of availability to serve as a consultant or associate in a particular branch of law, without claiming special competence, in publ…
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Legal ethics opinions from the Massachusetts Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.