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 a former client files an ineffective-assistance claim, what may a Maine lawyer disclose, and to whom?
A former lawyer's duty of confidentiality survives the representation. An ineffective-assistance claim may waive privilege only to the extent of the claim, so the opinion's best practice is to make no…
What must a Maine law firm and a lateral hire do about conflicts, screening, and client files when an attorney changes firms?
The opinion walks through the lateral-move duties: limit conflicts disclosures to what Rule 1.6 allows, screen any disqualified lateral and give notice to affected former clients to avoid imputed disq…
Can a Maine lawyer donate old, inactive client files of historical significance to a library or archive?
Generally no. The duty of confidentiality under Rule 1.6 survives the death of both client and lawyer, so old files may be donated only after a document-by-document review confirms the material is not…
When an associate leaves a Maine firm, who has to keep the client's file for the 8-year retention period?
Rule 1.15(f) does not assign file-retention responsibility to either the departing attorney or the former firm; it requires that one of them return or safeguard, for at least 8 years, the information …
Can a Maine lawyer use off-site vendors for transcription and computer backup if their technicians can access confidential client data?
Yes, with appropriate safeguards. The opinion concludes a lawyer may use remote transcription and server-backup services outside the lawyer's direct supervision if the vendor has an enforceable duty t…
When a Maine client asks for the file, must the lawyer turn over everything, including the lawyer's notes and internal memos?
Not everything. The opinion concludes the lawyer must deliver client property plus any material of value to the client not otherwise available, but generally need not turn over time records, internal …
Can a Maine lawyer destroy paper files after scanning them to CD, and run a file-storage business that uses nonlawyer staff?
Yes, with conditions. The opinion concludes paper files may be destroyed once scanned in a format that preserves client access (per Opinion #183) and intrinsic-value originals are kept, and a lawyer w…
Can a Maine lawyer keep only electronic copies of client correspondence and dispose of the paper?
A qualified no: the opinion concludes electronic-only retention is allowed only if the lawyer can still give the client meaningful access to those records in the future, which may require keeping old …
Can insurer-retained defense counsel give an outside billing-audit company case-file information that contains the insured client's confidences or secrets?
The opinion concluded no, without the insured's consent. Because the insured (not the insurer) is the client, the confidentiality rule applies, and the insured's consent to share information with the …
What must a solo practitioner arrange in advance so client files and matters are protected if the lawyer suddenly dies or becomes disabled?
The opinion concluded the Bar Rules require a solo to adopt an advance plan that keeps files secure and confidential, notifies clients to retrieve files and find new counsel, and engages a supervising…
When a lawyer withdraws, must the lawyer pay to mail the client's file, or is making it available for pickup at the office enough?
The opinion concluded that making the file available for pickup at the office ordinarily satisfies the duty to deliver; if the client will not pick it up, the client bears the cost of mailing or other…
When can a law firm return, destroy, or charge for storing a former client's closed file?
The opinion concluded a firm may return a closed file to a client who can responsibly receive it, may destroy a file only if it has no reasonably useful information for the client, and may not charge …
At what point does an attorney-client relationship form for purposes of the ethics rules, even without a signed fee agreement?
The opinion concluded that an attorney-client relationship can exist for ethical purposes even without a contract; on these facts it arose when the prospective client supplied the documents the lawyer…
After withdrawing, may a lawyer hold back a deposition and other file materials from a former client until the client repays the costs the lawyer advanced for them?
The opinion concluded no. A lawyer may not condition turning over the former client's file, including a deposition and data whose costs the lawyer advanced, on reimbursement of those costs, because Ru…
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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.