Maine Board of Overseers of the Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Maine Board of Overseers of the Bar, with full citations and source links on every page.
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When does a lawyer admitted only in another state cross into the unauthorized practice of law by working in Maine?
When the lawyer establishes an office or systematic, continuous presence in Maine, holds out as admitted there, or provides Maine legal services beyond a recognized exception. The opinion applies ABA …
Can a Maine lawyer join an online legal-services matching website that advertises the network, sets flat fees, and requires a no-withdrawal promise?
Yes, with limits. The opinion concludes a member lawyer is accountable for the website's false advertising and must treat its member-related ads as paid advertising, the listing is not a prohibited pa…
May a lawyer pay dues to join a national directory network that lists members to mortgage companies seeking foreclosure counsel, or is that a barred payment for client referrals?
The opinion concluded a lawyer may join; a network that lists members in a paid directory and supplies their names on request is permissible directory advertising under Rule 3.9(f)(2), not a prohibite…
Must a law firm remove a suspended attorney's name from its letterhead and firm name while the suspension is in effect?
The opinion concluded yes; Rule 3.9(b) requires dropping a suspended lawyer's name from all of the firm's public communications, including its letterhead, until the lawyer is authorized to resume prac…
May a lawyer pay a marketing company that runs seminars, and how the company is compensated, when attendees also get a private consultation with the lawyer?
The opinion concluded paying the marketer per attendee is permitted as public communication, but paying it based on the number of private consultations the lawyer books violates the rule against payin…
May a law firm that runs a title company advertise in the yellow pages under the 'title companies' heading?
The opinion concluded yes; nothing in the Bar Rules bars the listing, which states a true fact and is not a prohibited designation of a specialty.
Can a law firm act as a neutral 'escrow agent' preparing closing documents for both the buyer and seller of a business?
The opinion concluded no; drafting closing documents requires independent judgment for both sides whose interests diverge, and it is not 'obvious' the firm can adequately represent each, so the arrang…
Can a lawyer let a non-law business she co-owns list 'Esq.' after her name on the company letterhead and promotional materials?
The opinion concluded that listing 'Esq.' after the lawyer-shareholder's name on a non-law business corporation's letterhead does not violate the advertising rule, because the designation is truthful …
Can a law firm mail a legal-developments newsletter to non-clients, and does it have to disclose where its lawyers are licensed?
The opinion concluded the newsletter could be distributed to non-clients without violating the advertising or solicitation rules, with one exception: because it discussed several states' law, it had t…
Can a law firm offer and advertise a divorce mediation service to both spouses without representing either party?
The opinion concluded that a firm may offer a private divorce mediation service to both spouses if it represents neither, uses no confidences against either, and (where it formerly represented a party…
Can separate solo lawyers who share some cases describe their relationship on a letterhead as practicing 'in association with' each other without being partners?
The opinion concluded that a sole practitioner's letterhead reading 'An individual, general practice in association with [two named attorneys]' is not misleading under Rule 3.9. The phrase 'an individ…
Can a lawyer run a newspaper ad for personal injury work that asks 'INJURED?', promises to 'fight for you,' and offers a free consultation?
The opinion concluded the advertisement is permissible. It is not false, misleading, or deceptive under Rule 3.9(a) or (b): it makes no material misrepresentation, hedges with 'you may have a good cas…
Can a law firm list its non-lawyer office manager, by name and titled 'office manager,' on the firm's letterhead?
The opinion concluded yes. Nothing in the Maine advertising rule or the other ethics rules specifically prohibits listing a non-lawyer on a lawyer's letterhead, so it is barred only if false, fraudule…
Can a Maine lawyer mail a letter to an accident victim's relative soliciting the victim's personal injury case?
The opinion concluded that such a letter is treated as an indirect solicitation of the accident victim, even though addressed to a relative, and is not a per se violation; the letter here was carefull…
If a lawyer advertises a flat fee for an uncontested divorce, when can the lawyer depart from that fee without the ad being misleading?
The opinion concluded that an advertised flat fee for an uncontested divorce must be honored for any divorce the court hears as an uncontested matter, no matter how much negotiation it took to get the…
Can two lawyers who keep separate practices but share some cases hold themselves out to the public as 'Law Associates' on a joint letterhead?
The opinion concluded that using 'Law Associates' on a joint letterhead for this arrangement would be misleading and violate Rule 3.9(b). The two attorneys kept separate practices in separate towns an…
When a partner leaves a law firm to become a public official, can the firm keep using his name in the firm name if his name is dropped from the letterhead?
The opinion concluded no. Continuing to use the firm name A, B & C while Lawyer A serves as a public official and is no longer a member would be misleading under Rule 3.9, because it implies A is stil…
Can a lawyer who is also a marriage and family counselor use the title 'doctor,' combine the two practices on one letterhead, and coin a new name like 'juropsychotherapist'?
The opinion concluded that the attorney may not call himself 'doctor' on the basis of a J.D. or a master's in counseling, because 32 M.R.S.A. section 3270 controls the title and a lay person would ass…
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Legal ethics opinions from the Maine Board of Overseers of the Bar 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.