Minnesota Lawyers Professional Responsibility Board Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Minnesota Lawyers Professional Responsibility Board, with full citations and source links on every page.
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Must a Minnesota lawyer tell a current client about the lawyer's own potential malpractice?
Under this now-repealed opinion, a lawyer who knew their conduct could be the basis for a non-frivolous malpractice claim by a current client materially affecting the client's interests had duties und…
Could a Minnesota lawyer secretly record a conversation in connection with their practice?
Under this now-repealed opinion, it was professional misconduct for a lawyer, in connection with professional activities, to record a conversation without all parties' knowledge, subject to exceptions…
When could a Minnesota lawyer charge interest or late fees on unpaid attorney's fees?
Under this now-repealed opinion, charging interest or late fees was unreasonable under Rule 1.5(a) if the rate was usurious, if Minnesota law required a written agreement and there was none, or if req…
How must a Minnesota lawyer handle advance fees and non-refundable availability retainers?
Under this now-repealed opinion, advance fee payments had to go into an interest-bearing trust account and could be withdrawn only when earned with notice and an accounting, while availability or non-…
Could a Minnesota lawyer file an attorney lien against a client's homestead?
Under this now-repealed opinion, a lawyer committed misconduct by filing an attorney lien against a client's homestead, or the client's interest in it, without first obtaining a valid waiver of the cl…
Who could sign checks and authorize withdrawals from a Minnesota law firm trust account?
Under this now-repealed opinion, every withdrawal instrument drawn against a law firm trust account had to be signed by at least one lawyer in the firm, and no withdrawal could be made except at a law…
Could a Minnesota lawyer assert a retaining lien on a client's files?
No, under this now-repealed opinion: it was professional misconduct to assert a retaining lien on a client's files and papers, and the prohibition reached all retaining liens, whether statutory, commo…
How must a Minnesota lawyer keep a law practice separate from debt-collection-agency work?
Under this now-repealed opinion, a lawyer involved with a debt collection agency had to keep the law practice visibly separate, supervise lay staff, personally sign legal documents, protect client con…
What trust-account books and records did a Minnesota lawyer have to keep?
This now-repealed opinion required every Minnesota lawyer in private practice to keep detailed trust-account records (account identification, a check register, per-client subsidiary ledgers, monthly t…
Could a Minnesota city or municipal attorney defend criminal cases?
The opinion, since repealed, concluded a municipal attorney could not defend a criminal case arising within the city served, and could defend cases elsewhere only if doing so created no conflict and d…
Must a Minnesota lawyer who agreed to arbitrate a fee dispute honor the arbitration award?
Yes, under this now-repealed opinion: a lawyer who signed an agreement to arbitrate a fee dispute committed professional misconduct by refusing to honor and carry out the final arbitration decision.
Is a Minnesota lawyer personally responsible for paying experts the lawyer hires for a client?
Under this now-repealed opinion, yes: a lawyer who ordered services from doctors, engineers, accountants, other lawyers, or others committed misconduct by denying responsibility for payment unless the…
When could a Minnesota lawyer stop work or withdraw over unpaid fees?
The opinion, since repealed, treated refusing to proceed until fees were paid as misconduct unless the client breached a fee agreement, and required reasonable notice, time to find new counsel, return…
Could a Minnesota part-time judge practice law in the court where the judge served?
The opinion, since repealed, concluded it was improper for a part-time judge, or the judge's partners or associates, to practice law in the court the judge served on or in any court of record subject …
Could a Minnesota county attorney defend a criminal case in another county?
The opinion, since repealed, concluded it was improper for a county attorney to defend a criminal case in another county unless the accused would otherwise be deprived of competent counsel, and then o…
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Legal ethics opinions from the Minnesota Lawyers Professional Responsibility Board 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.