Massachusetts Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Massachusetts Bar Association, with full citations and source links on every page.
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Can a lawyer act as a divorce mediator, draft the separation agreement, and team up with a non-lawyer counselor?
The committee concluded that a lawyer may serve as a divorce mediator (alone or with a lay counselor) if he explains that he represents neither party, warns of the risks of proceeding without…
Can lawyers who only share office space call themselves 'A, B, C & D, a Professional Association'?
The committee declined to advise that using 'a Professional Association' after a partnership-style name for lawyers who share office space but are not partners is deceptive, given the term's past…
Can a lawyer who sues an insurer's policyholders for personal injury clients also take real estate work from that insurer's mortgage department?
The committee concluded that a lawyer representing personal injury plaintiffs against an insurer's insureds may not also do mortgage-department work for that insurer unless all parties consent after…
Can a bank charge a borrower more for its in-house lawyer's closing work than that lawyer costs the bank?
The committee concluded that a bank's staff attorney may not take part in charging a mortgagor more for the attorney's closing services than the attorney's actual pro rata cost to the bank, because…
Can a lawyer buy warrants or stock from a corporate client whose public stock offering the lawyer is handling?
The committee concluded that a lawyer's purchase of warrants issued by a corporate client to fund a public offering the lawyer is advising on is not in itself a violation, because the rule barring a…
Must a law practice that has incorporated as a professional corporation tell clients and courts about that status?
The committee concluded that a sole practitioner who employs others, or a firm, that has incorporated as a professional corporation should disclose that status, because the corporate form limits…
Can a Massachusetts lawyer publish a notice of availability as a consultant or specialist to other lawyers, and in which publications and how often?
The committee concluded that a lawyer could publish a dignified notice of availability to serve as a consultant or associate in a particular branch of law, without claiming special competence, in…
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Legal ethics opinions from the Massachusetts Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, 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.