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.
No Massachusetts Bar Association opinions match these filters
Try a different search term or clear the filters.
What must an appointed criminal defense lawyer do after learning the client lied about being indigent to get a court-appointed lawyer?
The lawyer must urge the client to correct the false affidavit. If the client refuses, the lawyer may serve without compensation; if unwilling to do that, the lawyer must seek to withdraw and disclose…
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…
What should a lawyer do when a discharge letter may have been coerced by a controlling family member?
A discharged lawyer normally must turn over the file, but where circumstances suggest the client lacked capacity to make a considered decision the lawyer should confirm the client's real wishes. If th…
Can a lawyer represent two clients developing adjoining parcels when one client wants to oppose the other's zoning permit, and can the lawyer drop one client to keep the other?
Not simultaneously, unless both clients consent and the lawyer reasonably believes the dual representation will not harm either relationship. Dropping one client may be allowed only if the conflict wa…
Can a lawyer who represents a husband and wife as co-executors of an estate also represent the wife in her divorce against the husband, and can the lawyer fix the conflict by dropping the husband?
Not over the husband's objection, because the co-executors are also substantial beneficiaries, so the lawyer is treated as representing the husband individually. With consent it depends on an objectiv…
Can a lawyer moving to withdraw from a case for the client's nonpayment of fees disclose the client's confidences in a supporting affidavit?
The committee concluded a lawyer could reveal confidential information to support a motion to withdraw for nonpayment, but only the minimum needed to establish the ground, and should take steps such a…
Can a criminal defense lawyer attack a witness's credibility when that witness is the fiance of another client the lawyer currently represents?
The committee concluded the lawyer could not continue both representations: attacking the victim-witness in one case, who was the fiance of her client in the other, created a likely conflict that was …
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…
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…
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 firm drop one client to take on a long-term client in a matter directly adverse to the dropped client?
The committee concluded that a firm could not cure a concurrent conflict by withdrawing from a current client, over that client's objection, in order to represent a long-term client directly against t…
Must a criminal defense lawyer disclose that the client lied to a probation officer during the presentence investigation?
The committee concluded that if the client's effort to obtain a lighter sentence by lying to the probation officer is itself a crime, DR 7-102(B)(1) makes disclosure of the fraud on the court mandator…
What must a lawyer in a civil case do after a client admits committing perjury during depositions?
The committee concluded that if the lawyer knows the client intends to repeat the perjury or to commit another crime using it, DR 4-101(C)(3) lets the lawyer reveal it and DR 7-102(B)(1) then makes di…
If a lawyer must be disqualified because the lawyer will be a witness, can the lawyer's firm still handle discovery and pretrial work?
The committee concluded that when a lawyer and firm are disqualified under DR 5-102 because the lawyer ought to be a witness and may give testimony prejudicial to the client, the firm should not conti…
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…
Browse Massachusetts Bar Association opinions by topic
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.