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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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 buying a retiring lawyer's practice, can the purchase price include a share of future fees from that lawyer's current, former, and newly referred clients?
The price may include a share of future fees from the retiring lawyer's current and former clients, but not fees from new clients the retired lawyer refers, because a retired lawyer may not share fees…
Which state's contingent-fee limits apply when a Massachusetts lawyer sues in a tribal court in another state for a Massachusetts client?
The rules of State X or its tribal court govern the contingent fee, not the Massachusetts rules, under the choice-of-law rule in Rule 8.5(b) for conduct before a tribunal in another jurisdiction.
Can a lawyer charge a contingent fee to collect past-due child support after the divorce is already final?
Yes. The opinion concludes Rule 1.5(d)(1)'s ban on contingent fees in domestic-relations matters does not reach collecting post-judgment support arrears once the divorce is final and the support amoun…
Can a lawyer take a second guardian ad litem appointment when the new role would require approving the lawyer's own prior GAL bills?
Not without a fix. The opinion concludes that reviewing one's own prior invoices is a non-waivable conflict under Rule 1.7(b) because the incompetent ward cannot consent, so the lawyer must decline un…
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 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…
Can a lawyer report a client's unpaid legal bills to credit reporting agencies to pressure the client to pay?
No. The committee concluded a client's indebtedness for legal fees is confidential information, and the fee-dispute exception permits disclosure only to prove the claim in an action to collect, not in…
Can a lawyer sue a former client pro se for unpaid fees from a non-litigation matter, and must the lawyer try mediation first?
The committee concluded a lawyer could sue a former client pro se for unpaid fees without violating Rule 3.7, because the right of self-representation overrode the rule, and that the lawyer should con…
Can a lawyer charge a client a non-refundable retainer for a particular case or service?
The committee concluded a lawyer may not charge a non-refundable retainer for a specific case or service: advance fees are earned as work is done, must be held in trust until earned, and a truly non-r…
Can a lawyer disclose a client's identity in response to an IRS summons about cash fees over $10,000 when the client refuses to consent?
The committee concluded that, with the client refusing consent and no Supreme Court decision settling that the tax-reporting law overrides confidentiality, the lawyer should resist disclosing the clie…
Can a lawyer take a contingent fee to collect delinquent child support after a divorce is final, and can it cover future payments?
The committee concluded a contingent fee to collect delinquent child support is permitted once the divorce is final, but the fee may not turn on a criminal contempt outcome, and a fee on future paymen…
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 lawyer give an affidavit about a former joint client's statements to help co-counsel collect a fee from that client?
The committee concluded that the second lawyer could not voluntarily disclose, by affidavit or otherwise, the client's statements about fees owed to co-counsel, because that information was the client…
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(…
Can a lawyer give client names and billing details to an outside billing service without each client's consent?
The committee concluded a lawyer may give an independent billing service the information needed to bill clients without obtaining each client's consent, but under DR 4-101(D) the lawyer is responsible…
Can a law firm offer a union's members discounted legal fees and answer questions at the union hall without violating the anti-solicitation rules?
The committee concluded that discounting fees to union members is protected cooperation with a 'qualified legal assistance organization' under DR 2-103(E), not an improper payment to solicit business,…
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…
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 …
Can a lawyer buy warrants or stock from a corporate client whose public stock offering the lawyer is handling?
The committee concluded that a lawyer's purchase of warrants issued by a corporate client to fund a public offering the lawyer is advising on is not in itself a violation, because the rule barring a p…
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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.