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 draft a client's estate plan that leaves a gift to a charity where the lawyer is an officer or board member?
Yes, but only with the client's informed consent confirmed in writing. The lawyer's leadership role at the charity is a personal-interest conflict under Rule 1.7(a)(2), and the lawyer should tell the …
When a lawyer moves to a new firm and clients follow, do the old firm's fee agreements still work or must new ones be signed?
New engagement letters should be signed for hourly matters and must be signed for contingent matters, even if no terms change. Any material change to the terms after the representation began must be j…
When a lawyer jointly represents an employer and a foreign worker, must the lawyer tell the employer the worker's work authorization was revoked even though the worker objects?
Yes. The opinion concludes that under the joint-client rules (Rule 1.7) and the duty to keep a client informed (Rule 1.4), the lawyer must tell the employer the work authorization was revoked, even ov…
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…
Can a lawyer draft a client's will that names the lawyer as executor and then hire herself as counsel to the estate?
There is no per se bar, but the lawyer's personal interest in the fiduciary and counsel fees creates a Rule 1.7 conflict. The lawyer must exercise independent judgment under Rule 2.1 and may take thes…
Can a lawyer tell the police that a client's business partner is the suspect in a crime against the lawyer?
It depends on the source. If the lawyer's suspicion comes from confidential client information, disclosure requires the client's consent after consultation. If it comes from the lawyer's own direct ob…
What can a lawyer do when a depressed client won't help prepare for trial and forbids a continuance?
Under Rule 1.14 the lawyer may enlist the client's family and a close friend to persuade him to cooperate, while keeping his depression confidential. If that fails, the lawyer must weigh the harm of g…
Can a lawyer contact a represented opposing party just to get their lawyer's contact information?
Yes. A communication intended solely to learn the identity of and contact information for the other person's lawyer is not a communication 'about the subject of the representation,' so it does not vio…
Can a lawyer use unencrypted email to communicate confidential information with a client?
The committee concluded that in usual circumstances using unencrypted internet email did not violate Rule 1.6, because lawyer and client have a reasonable expectation of privacy, subject to caveats ab…
If opposing counsel mistakenly mails a lawyer a privileged letter meant for her own client, can the lawyer keep it and use it?
The committee concluded that, assuming it would materially benefit his client, the lawyer could resist opposing counsel's demand to return a misdirected privileged letter and could argue to the tribun…
If a lawyer discovers that her partners defrauded government agencies to shield firm clients from penalties, must she tell the clients, the agency, and bar counsel?
The committee concluded the lawyer had to inform the affected clients, act to avoid the consequences of the fraud on the state agency, and report her partners to Bar Counsel, because Rule 1.6(b)(1) le…
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…
Can a lawyer discuss confidential client matters over a cellular telephone?
The committee concluded that a lawyer should not discuss confidential information on a cellular telephone if there is any nontrivial risk it could be overheard by a third party, unless the client cons…
Must a lawyer follow a 13-year-old client's wishes in a care-and-protection case when professionals think those wishes are against the child's best interests?
The committee concluded that the lawyer must advocate a competent minor client's stated position, and may instead seek to withdraw; only if the lawyer determines the child is incompetent may the lawye…
Can a lawyer being sued for malpractice by a client keep representing that same client on other, unrelated matters?
The committee concluded that a lawyer sued for malpractice by a longstanding client is not subject to a per se bar on continuing to represent that client on unrelated matters or taking new ones, but o…
In a contingent fee case, which litigation costs must the client pay, and can the lawyer bill the client for an in-house investigator?
The committee concluded that under SJC Rule 3:05 a contingent fee client must be charged for out-of-pocket 'expenses and disbursements,' while other costs (overhead) may be charged only by a specific …
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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.