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 represent a client before a town planning agency when a firm colleague sits on the same town's zoning board of appeals?
Yes, where the zoning board has no interest or jurisdiction in the matter. The opinion finds no Rule 1.7 conflict because the colleague's board has no stake in the planning-agency decision.
Which state's ethics rules govern a Massachusetts-licensed civilian Navy lawyer advising the Navy from a base outside Massachusetts?
Federal, not Massachusetts, professional responsibility law governs. Under the Massachusetts choice-of-law rule (Rule 8.5(b)), the predominant effect of the conduct is not in Massachusetts, so the com…
If a lawyer advised a state agency in private practice and is then appointed its commissioner, is she barred from working on those same matters?
No, not automatically. The opinion concludes Rule 1.11(c)(1) is aimed at a lawyer changing sides or clients, not at a lawyer who keeps serving the same client (the agency) in a new role, so it should …
Can a municipal solicitor represent the city before a zoning board that the solicitor also represents?
Normally yes. Because the dual role is mandated by the municipal charter and is a common feature of government lawyering, the solicitor may appear before a client agency in unrelated matters. But Rule…
When a municipal lawyer advised a department head in his official capacity, can the lawyer later oppose that former official in his own suit against the city and use his deposition to impeach him?
Yes. The committee concludes the lawyer's client was always the municipality, not the official personally, so Rule 1.9's former-client duties do not apply and the official-capacity testimony may be us…
Do the Massachusetts ethics rules govern whether a Massachusetts-licensed federal government lawyer may interview a corporate party's former employees in litigation before a federal agency outside Massachusetts?
No. The committee concludes that under Massachusetts choice-of-law principles the Supreme Judicial Court would not apply Rule 4.2 to this out-of-state federal-agency litigation; the forum's own rules …
Can a close family member of a district attorney defend criminal cases prosecuted by that DA's office?
The committee concluded a DA's family member is not automatically disqualified from defending criminal cases in the DA's county, and client consent after full disclosure usually cures any conflict; th…
Does serving as bond counsel for a state agency make the whole state government the firm's client and bar it from representing private clients adverse to other state agencies?
The committee concluded that, absent special circumstances, representing one state agency (here as bond counsel for the State Treasurer) does not make the whole Commonwealth the firm's client and does…
Can a government lawyer use privileged corporate documents that a whistleblowing former employee leaked to a regulator, with no government involvement in taking them?
The committee concluded the Disciplinary Rules did not bar the government lawyer from possessing and using the documents, privileged or not, where a former employee leaked them on his own initiative, …
Can town counsel sue a town agency she is currently representing in unrelated litigation, at the selectmen's direction?
The committee concluded that, in narrow circumstances, town counsel may sue a subordinate agency she currently represents elsewhere, where the two matters are unrelated, she holds no relevant confiden…
Can town counsel who represents a man as estate executor advise the selectmen on revoking that man's liquor license for unpaid taxes?
The committee concluded that representing a sole-beneficiary executor counts as representing him individually, so town counsel could not advise the selectmen on the license revocations affecting that …
Can a former prosecutor who handled a criminal battery case privately represent the victim in a civil suit over the same battery?
The committee concluded that DR 9-101(B) barred a former assistant district attorney from representing the battery victim civilly against the defendant he had been assigned to prosecute, because the c…
Can a law firm's lawyers volunteer as special prosecutors for a district attorney while other firm lawyers defend criminal cases in the same county?
The committee concluded a firm may take part in a volunteer-prosecutor program while the firm also does criminal defense in the same county only if strict screening, separate supervision, segregated f…
If a newly hired government lawyer once represented a private party, can the rest of the government law office act against that party?
The committee concluded the new attorney is personally disqualified only if the prior representation is substantially related or he holds relevant confidences; even then the city solicitor may advise …
Can town counsel represent the selectmen against the planning board when the firm also regularly advises that board?
The committee concluded the planning board may be a current client of town counsel, but unlike with private clients, town counsel may represent the selectmen in opposing the board's appeal without the…
When can a lawyer who used to represent a government agency later appear against it, and is the lawyer's new firm disqualified too?
The committee concluded that a former government lawyer may appear against his old agency in any matter in which he had no substantial responsibility while in government and where he misuses no agency…
Can a firm represent a town's school board while also defending criminal clients in cases brought by the town's police?
The committee concluded that a firm may represent an independently elected school board while defending criminal clients whose complainants are town police, because the school board and police are sep…
Can a town's lawyer represent both the town and its police officers as co-defendants in a Section 1983 civil rights lawsuit?
The committee concluded that a town attorney may jointly represent the town and its officers in a Section 1983 suit only if it is objectively obvious he can adequately represent both and each consents…
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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.