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 lawyer limit representation to a single task like drafting a complaint, and what does Rule 1.2(c) require?
Yes. A Maine lawyer may limit the scope of representation if the limitation is reasonable under the circumstances and the client gives informed consent after consultation. A written agreement is the b…
When must a Maine lawyer report another lawyer's misconduct under Rule 8.3, and does client confidentiality override the duty?
A Maine lawyer must report another lawyer's misconduct when the lawyer has actual knowledge (to a substantial certainty) of a rule violation that raises a substantial question about the other lawyer's…
Can a Maine lawyer accept client payments through apps like Venmo, PayPal, Zelle, or LawPay, and what trust-accounting rules apply?
Yes. Maine lawyers may accept payments through online payment apps as long as the app does not commingle client funds with the lawyer's own funds and unearned fees reach a client trust account (within…
Can a settlement agreement require a Maine lawyer to keep all case information, including publicly available information, confidential?
A settlement agreement may require that the settlement terms and other non-public information stay confidential, but it may not require a lawyer to keep publicly available information confidential or …
Can a Maine lawyer pay a non-expert (fact) witness for time spent preparing for and giving testimony?
Yes. A Maine lawyer may pay a non-expert witness's reasonable expenses, lost wages, and the value of time spent testifying, preparing to testify, or otherwise helping prepare the case, so long as the …
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…
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…
What are a Maine lawyer's ethical duties to prevent and respond to a cyberattack or data breach?
A Maine lawyer who uses technology must make reasonable efforts to understand and safeguard it. After a breach, the lawyer must take reasonable steps to stop or contain it, investigate whether client …
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 view or request access to the social media of opposing parties, jurors, and judges?
Yes for public content. A lawyer may view publicly available social media of represented parties, jurors, and judges, but may not request access to the private portions of a represented party's or a j…
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…
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…
What are a Maine lawyer's duties when representing someone selling their structured settlement payments?
The lawyer must satisfy Maine's Structured Settlement Protection Act (24-A M.R.S. § 2241 et seq.): be engaged by the seller (not the purchaser), take no compensation from the purchaser, and have compe…
In a deferred disposition, must a Maine defense lawyer disclose the client's new crimes to the prosecutor or the court?
No. Counsel has no affirmative duty to volunteer the client's other charges or conduct to the prosecutor or court, but counsel may not allow false testimony; if the client testifies falsely, counsel m…
Can a Maine lawyer represent a client in a collaborative law process in a family law matter?
Yes. The Maine Rules of Professional Conduct do not prohibit a lawyer from entering a collaborative participation agreement, subject to caveats on scope, confidentiality, competence, fees, unrepresent…
Can a Maine lawyer use cloud computing and online storage for confidential client data?
Yes, if the lawyer uses reasonable care to safeguard client information. Cloud computing triggers the same duties of competence, confidentiality, and safekeeping that always applied; the opinion lists…
Is there a conflict of interest when a Maine lawyer represents an opposing lawyer as a client in an unrelated matter?
Not automatically. The lawyer must apply Rule 1.7's significant-risk test to decide whether a personal-interest or material-limitation conflict exists; if it does, the lawyer may proceed only with a r…
Can a Maine lawyer personally sign a hold-harmless or indemnification agreement to settle a client's personal injury claim?
No. The opinion concludes it is improper for an attorney to personally indemnify or hold an adverse party or insurer harmless against liens and subrogation claims as part of settling the client's pers…
Can a Maine lawyer put a jury-trial waiver for future lawyer-client disputes in the engagement letter?
Yes, but only with safeguards. The Rules do not prohibit a jury-waiver clause for future lawyer-client disputes, but the client's informed consent must be confirmed in writing and the client must be a…
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 …
Does a Maine lawyer who works only as a guardian ad litem need an IOLTA account, and can they partner with non-lawyer GALs?
No, on these facts. The opinion concludes that serving as a court-appointed GAL is a law-related service, not the practice of law, so a lawyer who works only as a GAL is exempt from the IOLTA requirem…
How far can a Maine lawyer go in advising or assisting a client with a medical-marijuana business?
Only so far. Because dispensary conduct violates federal criminal law, Rule 1.2 lets a lawyer explain the law and help a client make a good-faith effort to determine its validity, scope, or meaning, b…
Can a Maine lawyer pay a client's former non-lawyer Social Security advocate out of the lawyer's fee?
Not as a fee split. Rule 5.4 bars sharing fees with a non-lawyer, so the proper route is for the advocate to file a fee petition with the SSA; if that is not possible, the lawyer may refund part of th…
If a Maine lawyer sits on the board of a nonprofit that helps domestic violence victims, can the lawyer represent a client whose adversary is getting services from that nonprofit?
Yes, in the situations described. The opinion concludes the lawyer is not disqualified merely because the adverse party receives services from the nonprofit, but the lawyer must disclose the board mem…
Can a Maine lawyer mine an opposing counsel's electronic document for metadata, and does the sending lawyer have to scrub it first?
No to mining: a lawyer may not seek to uncover metadata containing confidential information the lawyer should know was not meant to be sent. The sending lawyer has a duty to use reasonable care to avo…
Can a Maine lawyer communicate with clients by unencrypted email without violating the duty of confidentiality?
Yes, as a general matter and subject to appropriate safeguards. The opinion concludes lawyers have a reasonable expectation of privacy in unencrypted email, but reasonable judgment may require a more …
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…
Can a Maine lawyer take a non-recourse loan from a litigation finance company to fund a contingency-fee case, repayable only if the case wins?
No. The opinion concludes a non-recourse litigation loan, repayable only if the lawyer recovers a fee and carrying a risk-based interest premium, amounts to sharing legal fees with a nonlawyer in viol…
If a deceased client's personal representative waives the attorney-client privilege and asks for confidential information, must the lawyer disclose it?
Not automatically. The opinion concludes the lawyer cannot rely solely on the personal representative's waiver but must independently assess the confidentiality duty; if disclosure would harm the dece…
Can a Maine lawyer help a personal injury client get a non-recourse cash advance from a litigation funding company?
Not per se unethical, but the opinion flags serious concerns: a possible champerty-statute violation it cannot resolve, the duty to advise the client on the deal, protecting confidences against a broa…
If a lawyer agreed with a legal aid organization to take a case pro bono, can the lawyer later charge the client a fee or use the referral information against the client?
No. The opinion concludes that charging a fee beyond the pro bono agreement, without the organization's consent, is an excessive fee and a fraud on the client, and using the referral information to th…
When does a lawyer admitted only in another state cross into the unauthorized practice of law by working in Maine?
When the lawyer establishes an office or systematic, continuous presence in Maine, holds out as admitted there, or provides Maine legal services beyond a recognized exception. The opinion applies ABA …
If a lawyer sits on a municipal planning board, can the lawyer vote on applications brought by the firm's clients or by clients of the lawyer's partners?
No. The opinion concludes a lawyer holding public office may not participate in or vote on a planning board matter involving a current client of the lawyer or a firm colleague, on any side; the lawyer…
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 …
If a paralegal or secretary moves to a new firm carrying confidences from the old firm, can the new firm screen them instead of being disqualified?
Yes. The opinion concludes the imputed-disqualification rules apply only to lawyers, so a firm may screen a nonlawyer rather than be disqualified, by shielding them from the matter and barring disclos…
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 accept a referral fee from an investment advisor for sending clients to the advisor?
No. The opinion concludes the arrangement is per se unethical: it is inherently unfair to the client under the rule against a lawyer's acquiring a pecuniary interest adverse to the client, and the fee…
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 …
If a Maine lawyer owns a title insurance company, can the lawyer refer a real estate client to it, and do the ethics rules govern the title company's work?
The referral is allowed, but if the lawyer represents the same client in the same transaction, disclosure alone does not exempt the title company's law-related services from the Code; full disclosure …
Can a lawyer acting as a union grievance agent contact municipal officials directly when the municipality has its own lawyer?
No. The opinion concludes Rule 3.6(f)'s no-contact rule bars a lawyer-agent from contacting high-level municipal officials about a grievance without opposing counsel's consent, because the lawyer is s…
Can a lawyer provide bankruptcy services to clients as a salaried employee of a nonprofit credit-counseling corporation that is not a law firm?
No. The opinion concludes the arrangement violates the Bar Rules: it aids the unauthorized practice of law by a nonlawyer corporation, amounts to sharing legal fees with a nonlawyer, risks nonlawyer c…
Can a Maine lawyer run real estate closings through a title company the lawyer owns and keep the interest, without following the IOLTA rules?
Yes, within limits. The opinion concludes a lawyer-owned title company is a law-related service exempt from the Code (including IOLTA) only if it is a separate entity, the title-service recipient is n…
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…
Could a Maine lawyer use a bank line of credit to advance litigation costs and pass the interest on to the client?
Yes, with safeguards. The opinion concluded a lawyer could finance advanced litigation costs and pass the interest to the client when the cost is tied to the specific case, the client gives informed c…
When a lawyer also serves as a part-time Complaint Justice and unknowingly issues a search warrant against his own client, can the ethics committee decide whether that violated the conflict rules?
The Commission declined to decide. It held it lacked jurisdiction to rule on the Grievance Commission's authority and could not make the factual findings the conflict question required, but it identif…
If a lawyer is both 'of counsel' to a firm and a solo practitioner, do fees the firm pays for clients the lawyer brings in count as a fee division requiring client consent?
No, for the of-counsel work. The opinion concludes a bona fide 'of counsel' lawyer is treated like a partner or associate, so sharing fees on firm clients the lawyer develops is not a fee division req…
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…
If a bank insists on depositing a credit-card retainer into a lawyer's general business account, can the lawyer leave it there instead of in an IOLTA or trust account?
Only if the funds are truly non-refundable. The opinion concluded that any retainer funds that might still be refunded to the client are client funds and must go into an IOLTA or other identifiable tr…
When can a Maine lawyer discuss a client's matter with a lawyer outside the firm without the client's consent, and is that conversation privileged?
It depends on the purpose and the conditions. The opinion concluded a lawyer may consult outside counsel for the client's benefit without consent if no conflict exists and either the consulted lawyer …
Can a Maine lawyer require, in the initial engagement agreement, that the client arbitrate any future legal-malpractice claims?
Yes. The opinion concluded a prospective agreement to arbitrate malpractice claims is permitted under the Maine Bar Rules and is not an agreement 'limiting' the lawyer's liability, so long as it prese…
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…
May a Maine lawyer secretly record telephone calls (with clients, opposing counsel, or others) when state and federal law allow one-party recording?
The opinion concluded that secretly recording a call is not per se prohibited by the Maine Bar Rules, departing from the ABA majority view, because the dishonesty rule cannot be read so broadly; but t…
Can a lawyer hold herself out to the public as a 'referring attorney' who finds other lawyers for clients and collects a fee split, or is that an unauthorized lawyer referral service?
The opinion concluded it is an unauthorized referral service. A lawyer who principally holds herself out as making referrals operates a referral service that, under the Maine Bar Rules, must be sponso…
Can a lawyer pay a living-trust company for 'document preparation' when the company refers clients to the lawyer to review the trusts it sells?
The opinion concluded it depends on whether the payment is fair compensation for genuine document-preparation services; if the fee is excessive, all or part of it is a disguised reward for the referra…
At a loan closing, if the lawyer represents only the lender and the buyers are unrepresented, must the lawyer advise the buyers about title insurance or title defects?
The opinion concluded the lawyer who represents only the lender and has clearly disclosed that has no obligation to advise the unrepresented buyers about an owner's policy or title exceptions, but mus…
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 …
Can a collection lawyer tell a debtor who wrote a bad check that the debtor faces criminal penalties if the bill is not paid?
The opinion concluded no, not directly. Telling the debtor about criminal exposure to induce payment is a veiled threat barred by the rule against using criminal process for civil advantage, though a …
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 …
Can Maine lawyers form a committee to raise funds for a national judicial-education center whose programs benefit judges, including Maine judges?
The opinion concluded no. Under the Maine rule barring lawyers from directly or indirectly giving anything of value to a judge, contributions to and solicitation for a fund that educates judges are a …
In an employment case where success might mean reinstatement rather than money, can a contingent fee be the greater of a percentage or an hourly fee, and can the percentage include interest, costs, and future benefits?
The opinion concluded yes on both. An alternative greater-of-percentage-or-hourly contingent fee is permitted, and the percentage may be applied to all amounts collected for the client (interest, cost…
Browse Maine Board of Overseers of the Bar opinions by topic
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.