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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Can a Maine criminal defense lawyer keep representing clients while applying for a job at a prosecutor's office?
Yes. A defense lawyer may continue representing clients while seeking a prosecutorial position, but must get the client's informed written consent once the lawyer has a material, active role in the ca…
Can a Maine prosecutor contact a crime victim who has their own lawyer without that lawyer's consent?
Generally no. Under Maine Rule 4.2, a prosecutor who knows an alleged crime victim is represented by counsel on the criminal matter or a closely related civil matter may not communicate with the victi…
If a firm's associates serve case-by-case as special assistant district attorneys, is the whole firm disqualified from representing municipal clients before the county commissioners?
The opinion concluded no; the imputation rule (Rule 3.4(k)) does not apply to common employment in a government agency, so the associates' prosecutorial work does not impute the District Attorney's ot…
Can a criminal defense lawyer whose spouse works in the District Attorney's office defend cases prosecuted by that office, and is the DA's consent required?
The opinion concluded that, with full disclosure and the client's informed written consent, the defense lawyer may take the case even though the spouse is an assistant district attorney, so long as th…
Can a lawyer defend criminal cases prosecuted by a District Attorney who is the lawyer's brother- or sister-in-law?
The opinion concluded that a lawyer may defend cases prosecuted by an in-law District Attorney's office whether or not the DA participates, but must disclose the relationship to every prospective clie…
May a part-time assistant district attorney (or his private firm) represent a town or taxpayer in a tax abatement appeal heard by the county commissioners?
The opinion concluded no. Because an assistant district attorney's sole function is to assist the district attorney, he always represents the county, so neither he nor his firm may represent a party o…
Can an assistant district attorney prosecute cases defended by her husband's law firm, and can the government consent to that conflict?
Revising Opinion #36, the opinion concluded that responsible government officials can consent to such a representation. An assistant district attorney may prosecute cases defended by her husband's fir…
If one lawyer in a firm becomes a part-time assistant district attorney, can the firm's other lawyers keep representing criminal defendants in the state's courts?
The opinion concluded no, at least as to pending criminal cases. Maine Rule of Criminal Procedure 53A bars any attorney for the State, and anyone holding himself out as that attorney's partner or asso…
Can an assistant district attorney prosecute a criminal case when the defendant is represented by a lawyer whose law partner is the prosecutor's spouse?
The opinion concluded no. The Maine Bar Rules forbid an assistant district attorney from prosecuting a criminal case against a person represented by a lawyer whose partner is the prosecutor's spouse, …
Can a lawyer who chairs the county commissioners keep defending criminal cases that the sheriff's office investigated, when the commissioners oversee the sheriff, and must the district attorney withdraw from cases against that lawyer's clients?
The opinion concluded that the district attorney need not withdraw from any case, because the DA represents the county as a governmental body, not any individual commissioner, and prosecuting the chai…
If a prosecutor convicts a drunk driver, can the prosecutor's law partner sue that driver in a personal injury case for the passenger who was a witness in the criminal case?
The opinion concluded no; the lawyer had to withdraw from the civil case. Maine Bar Rule 3.4(h) bars private employment in a matter where the lawyer (here the prosecutor partner) held substantial and …
Can a District Attorney defend county officers in a prisoner's civil rights suit while also prosecuting that same prisoner in a criminal case?
The opinion concluded no. A District Attorney may not represent the County Sheriff and a County Commissioner as defendants in a prisoner's civil rights action while simultaneously prosecuting that pri…
If a prosecutor or an assistant DA is likely to be a witness in a case, must the whole District Attorney's office step aside from prosecuting it?
The opinion concluded yes. Under Maine Court Rule 3.5(b)(1), the entire District Attorney's office should be recused for trial when either the District Attorney or any of his assistants is likely to b…
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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.