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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Must a lawyer report another lawyer's misconduct to bar counsel when the lawyer learned of it from a document that may be client confidential information?
Rule 8.3 requires a report when the lawyer has a firm belief the violation more likely than not occurred. But if the supporting document is the client's confidential information under Rule 1.6, the re…
Can a lawyer send a Facebook friend request to an unrepresented opposing party to see their nonpublic posts?
Only if the request discloses that the sender is the party's lawyer. The opinion holds that friending an unrepresented adversary without revealing the lawyer's identity and role would be a misrepresen…
Must a lawyer report another lawyer's deceptive conduct to bar counsel when the facts came from the client's confidential information?
The deception is the kind of serious dishonesty Rule 8.3(a) requires reporting. But where the lawyer's knowledge is protected by Rule 1.6, Rule 8.3(c) means the lawyer needs the client's consent befor…
What must an appointed criminal defense lawyer do after learning the client lied about being indigent to get a court-appointed lawyer?
The lawyer must urge the client to correct the false affidavit. If the client refuses, the lawyer may serve without compensation; if unwilling to do that, the lawyer must seek to withdraw and disclose…
Can a lawyer give social gifts to, or buy meals for, judges and court staff?
The opinion declines to give definitive advice. Because Rule 8.4(f) bars a lawyer from offering a judge anything the judge is forbidden to accept, the analysis runs through the Code of Judicial Conduc…
Can a trial lawyer ask the judge to instruct jurors that they may talk to the lawyers after the verdict?
Only if the requested instruction states the Rule 3.5(d) limits completely, including that the lawyer may never ask about the jury's deliberations. If the lawyer's purpose is to get jurors talking abo…
When a lawyer for an estate's co-administrators learns that a beneficiary stole estate funds and that one co-administrator may be implicated, must the lawyer tell the other co-administrator?
The committee concluded the lawyer had to inform the other co-administrator of the theft, because the duty owed to that client trumped any confidentiality owed to the implicated client; whether furthe…
Can a lawyer provide limited 'unbundled' help to a pro se litigant, including ghostwriting pleadings, without disclosing the involvement to the court?
The committee concluded a lawyer could give limited background advice and counseling to a pro se litigant under Rule 1.2(c), but that undisclosed drafting of litigation documents, especially pleadings…
If a witness tells a lawyer that an unfiled affidavit the client prepared is perjurious, what does the lawyer owe the witness, the client, and the court?
The committee concluded the lawyer must tell his client about the witness's recantation, may not file the affidavit the witness now calls perjurious, and has nothing to report to the court because the…
What must appointed counsel do when an indigent client gets money after filing an indigency statement to obtain free representation?
The committee concluded that appointed counsel who learns the indigent client received funds after claiming indigency must ask the client to rectify the fraud, and if the client refuses, must either r…
Must a criminal defense lawyer disclose that the client lied to a probation officer during the presentence investigation?
The committee concluded that if the client's effort to obtain a lighter sentence by lying to the probation officer is itself a crime, DR 7-102(B)(1) makes disclosure of the fraud on the court mandator…
What must a lawyer in a civil case do after a client admits committing perjury during depositions?
The committee concluded that if the lawyer knows the client intends to repeat the perjury or to commit another crime using it, DR 4-101(C)(3) lets the lawyer reveal it and DR 7-102(B)(1) then makes di…
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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.