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 lawyer withdraw and dispose of escrowed settlement property when the client stops responding and the settlement cannot be completed?
The client's silence is good cause to withdraw under Rule 1.16, but the lawyer also holds escrowed property as a fiduciary to both sides. The opinion has the lawyer notify both parties and, failing ag…
Can a lawyer keep a valuable gift from a client and prepare the gift tax return for it?
A lawyer should not accept a substantial gift without first advising the client to get independent counsel, and may not prepare the gift tax return or any instrument that effects the transfer to the l…
What should a lawyer holding estate funds do if the administratrix client may divert them, and can the firm also be sureties on her bond?
The committee concluded the lawyer may not help the administratrix divert estate funds and should seek the Probate Court's instructions, revealing confidences only as needed to prevent a crime; and th…
Does a lawyer have to tell clients about frequent-flyer miles earned on travel that the clients pay for as litigation expenses?
The committee concluded that a lawyer must disclose a personal benefit accrued at no extra cost from client-billed expenses if the client could claim the benefit or if the benefit is large enough to p…
Can a trustee's lawyer who discovers the trustee is stealing trust funds warn the beneficiaries or the court?
The committee concluded that, if the lawyer determines the client is reasonably likely to intend a future crime, the lawyer has discretion to reveal it to the beneficiaries or court; a fraud committed…
What files must a law firm turn over to a former client, and who pays the copying costs?
The committee concluded that the firm must surrender originals of client-supplied and client-paid investigatory documents (keeping copies at its own expense), while copying charges for pleadings and w…
Can a divorce lawyer take a promissory note and mortgage on the marital home as a retainer or fee?
The committee concluded a lawyer may not take a note and mortgage on the marital home as a fee while the divorce is pending, because the home is likely subject matter of the litigation under DR 5-103(…
If a lawyer holds real estate closing funds, must the lawyer account to the client for any interest earned, and when may the funds go into an IOLTA account?
The committee concluded that once a lawyer deposits client closing funds in an interest-bearing account the lawyer must account for the interest, however small; whether funds may go in an IOLTA accoun…
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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.