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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Does a Minnesota lawyer need a client's informed consent before posting about the client's matter on a listserv?
Not always. Minnesota Rule 1.6(b)(2) lets a lawyer disclose non-privileged information the client has not asked to keep inviolate and that the lawyer reasonably believes is not embarrassing or…
In Minnesota, does the no-contact rule (Rule 4.2) apply to a lawyer who is representing themselves and wants to contact a represented opposing party?
The Board adopts the dissent in ABA Formal Opinion 502: because Rule 4.2 begins 'In representing a client,' and a self-represented lawyer is not representing a client, the Board declines to extend…
When is using 'Associates' or '& Associates' in a Minnesota firm name misleading?
The opinion concludes that using 'Associates' in a firm name is false and misleading unless at least two licensed attorneys practice with the firm, and using '& Associates' is misleading unless at…
Can a Minnesota lawyer reveal client information to respond to a negative online review?
No. The opinion concludes that Rule 1.6(b)(8)'s self-defense exception does not permit a lawyer to reveal information relating to the representation of a client when responding to comments, negative…
Can a Minnesota lawyer advise and assist a client in conduct that is legal under the Minnesota Medical Marijuana Law but a crime under federal law?
Yes. A lawyer may advise and assist clients in activities that comply with the Minnesota Medical Marijuana Law without violating the Rules of Professional Conduct, so long as the lawyer also advises…
What are a Minnesota lawyer's ethical duties regarding metadata in electronic documents?
The opinion holds a lawyer must act competently to avoid improperly disclosing confidential or privileged information in metadata, and a lawyer who receives a document the lawyer knows or reasonably…
Can a Minnesota lawyer use unencrypted email or a cell phone to send confidential client information?
Yes. The opinion allows a lawyer to use unencrypted email and digital cordless or cellular phones, within a digital service area, to communicate confidential client information without violating…
Can a Minnesota lawyer charge a former client for copying their file or hold the file for unpaid fees?
The opinion defines what counts as client files, papers, and property, allows a copying charge only if the client agreed in writing before termination, bars conditioning return of client files on…
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…
How may a Minnesota law firm identify and use paralegals and other non-lawyer staff?
The opinion allows firms to list clearly identified paralegals on letterhead, cards, signs, and directories and to have them sign firm correspondence at an attorney's direction, while non-lawyers…
Can a Minnesota lawyer accept a gratuity from a court reporting service the client pays for?
The opinion concludes a lawyer should not accept, or let a non-lawyer employee accept, a gratuity from a court reporting or similar service for which a client is expected to pay unless the client…
Are the Minnesota Lawyers Professional Responsibility Board's advisory ethics opinions binding on lawyers and the courts?
Not on the court. The opinion states the Board's advisory opinions are rule interpretations that guide lawyers' conduct, but they are not binding on the Minnesota Supreme Court and may change over time.
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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,…
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…
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…
Browse Minnesota Lawyers Professional Responsibility Board opinions by topic
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. The Minnesota Supreme Court recognizes Board opinions as rule interpretations that guide lawyers' conduct, though they do not bind the Court (In re Panel File No. 99-42, 621 N.W.2d 240 (Minn. 2001)). Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.