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 pay a commercial website that lets prospective clients post their needs and invite proposals, paying only when a client retains the lawyer?
Yes. Because the client initiates contact through the website and requests proposals, the program is permitted advertising under Rule 7.2 rather than prohibited paid solicitation under Rule 7.3(f), an…
Can a lawyer join a for-profit business networking group that requires members to exchange client referrals?
No. The opinion concludes that a lawyer's commitment to give business referrals in exchange for client referrals is 'giving something of value' to solicit employment, barred by Rule 7.3(f). A for-prof…
Is a bar association's online member directory with links to lawyers' web pages a referral service, and when do lawyer web sites count as advertising or solicitation?
The committee concluded that an online bar directory was not a lawyer referral service and that the bar need not police members' linked pages; informational lawyer web sites need not be labeled advert…
Can a lawyer mail business cards to accident victims and others learned about through the news, and what must the mailing say?
The committee concluded that targeted solicitation of accident victims and similar people in distress was usually barred because they may be unable to exercise reasonable judgment in hiring a lawyer, …
Can a lawyer offer discounted services to companies' employees and have the companies promote her, and can a lawyer pay an admin fee to a prepaid legal plan?
The committee concluded that using discounted fees to get businesses to solicit their employees violated the rule against paying others to solicit, but that paying a modest administrative fee to an in…
Can a lawyer phone or mail potential co-plaintiffs to ask them to join litigation, and can the lawyer ask the client to do it instead?
The committee concluded that mailed solicitations must be labeled 'advertising,' telephone solicitation for a fee is prohibited, and a lawyer may not have the client recruit co-plaintiffs to circumven…
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,…
Can a financial services firm send its clients letters offering a law firm's services at reduced rates as a way to bring the law firm business?
The committee concluded that a law firm may not let a financial services agency solicit business for it by writing to the agency's clients offering the firm's services at reduced rates, because the re…
Can a law firm hold an educational seminar for clients and non-clients, hoping it brings in business, without it counting as prohibited solicitation?
The committee concluded that a law firm may hold an educational seminar for a mixed audience of clients and non-clients, and mail a brochure inviting them, without violating the solicitation rules, so…
Can a Massachusetts lawyer publish a notice of availability as a consultant or specialist to other lawyers, and in which publications and how often?
The committee concluded that a lawyer could publish a dignified notice of availability to serve as a consultant or associate in a particular branch of law, without claiming special competence, in publ…
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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.