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 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 disbarred or suspended lawyer sell their law practice to another attorney in Maine?
Yes. The opinion concludes nothing in the Bar Rules prohibits a disbarred or suspended lawyer from selling the practice to a Maine-licensed attorney, because such a lawyer has 'ceased to engage in the…
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…
When a lawyer who took on a contingent-fee client leaves the firm, who must keep representing the client and advancing the litigation costs?
The opinion concluded that, under the Maine Bar Rules, a lawyer who assumed responsibility for the client and agreed to advance litigation costs cannot withdraw without complying with the withdrawal r…
If a lawyer who once certified title to disputed property now represents a party in a title case and may be called as a witness, can the lawyer or the lawyer's firm keep representing the client?
The opinion concluded the firm may continue if another lawyer handles the representation, and the inquiring lawyer may personally continue until he knows or should know he is likely to be called as a …
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…
Must a Maine criminal defense lawyer disclose to the court that the client committed perjury on the stand?
The opinion concluded the Bar Rules do not require disclosure where it would reveal privileged communications, because Rule 3.6(b) excepts privileged information, though disclosure may still be requir…
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…
Can a lawyer threaten to file a bar grievance against another lawyer to gain leverage in settling a malpractice claim?
The opinion concluded no; threatening to present a disciplinary charge solely to gain advantage in a civil matter violates the rule, the lawyer need not report misconduct he does not himself believe o…
Can a lawyer who has entered an appearance skip a hearing because the client chooses to proceed pro se?
The opinion reached no firm answer; the Commission split on whether skipping the hearing is a 'withdrawal' needing court leave, a question for the court, and advised counsel to notify the court and op…
Can an insured direct the lawyer hired by their liability insurer to refuse to defend a claim, and what must the lawyer do if the client wants to feign a defense?
The opinion concluded the insured is the lawyer's client and may insist the lawyer refuse to cooperate with the insurer and assert every honest defense or none, but may not require the lawyer to feign…
Must a firm refund a retainer after withdrawing for a conflict, and can it make the client release malpractice or misconduct claims?
The opinion concluded the firm had to refund the part of the retainer not earned on the matter it withdrew from, could not require a release of future malpractice or of any ethical-misconduct claims, …
In a criminal case, may defense counsel raise an insanity defense without the client's consent, or over the client's objection?
The opinion concluded the lawyer may not enter a not-guilty-by-reason-of-insanity plea without the client's consent. Once the court finds the client competent to stand trial, the decision to assert th…
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…
When a lawyer jointly represents two feuding co-personal representatives of an estate and learns one is abusing her position, must the lawyer withdraw and can she act against the wrongdoer?
Assuming the lawyer represents the co-personal representatives jointly, the opinion concluded she should resign under Rule 3.5(a) if she cannot deal constructively with the accused co-representative, …
A lawyer watched police search his office and his clients' files; can he testify for those clients at a suppression hearing without withdrawing, and can he still try the case?
The opinion concluded that the lawyer may not testify at the motion-to-dismiss hearing without first withdrawing as counsel, because his eyewitness testimony about the search would be on a contested m…
Can a lawyer keep handling a case against a town after his law partner becomes the town's counsel, and is he required to stay in the case if he can?
The opinion concluded that the lawyer was in 'multiple employment' under Rule 3.4(c) because his partner now represented the town on an ongoing basis. He could continue the appeal only if, under Rule …
Can a lawyer's firm sue a former client in a matter that may overlap with the firm's earlier representation of that client?
The opinion concluded that the Commission could not resolve, in an advisory opinion, the disputed factual question of whether the new suit shared subject matter with the firm's earlier representation …
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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.