Are the Minnesota Lawyers Professional Responsibility Board's advisory ethics opinions binding on lawyers and the courts?

Plain-English summary

The opinion describes the status of the advisory opinions the Board issues. It explains that the Board issues advisory opinions on the professional conduct of lawyers, either in response to a specific request or on its own initiative, on matters the Board deems important.

The opinion states that the Board and the Supreme Court treat these opinions as "rule interpretations that guide attorneys' professional conduct even though they are not binding on the Court," citing In re Admonition Issued in Panel File No. 99-42, 621 N.W.2d 240 (Minn. 2001). It adds that the opinions are "subject to change from time to time" as the Board deems necessary or as required by decisions of the Minnesota Supreme Court.

The opinion was originally adopted in 1972 and was amended in 1987 and again in January 2006.

In practice

Under this opinion, a Board advisory opinion functions as the Board's interpretation of the rules and guides lawyers' conduct, but it does not bind the Minnesota Supreme Court. The opinion states that an opinion may be changed by the Board or superseded by a decision of the Supreme Court, so the Board treats its opinions as current interpretations rather than fixed authority.

Common questions

Q: Are Minnesota LPRB advisory opinions binding on the Minnesota Supreme Court?

A: No. The opinion states the opinions are rule interpretations that guide conduct "even though they are not binding on the Court," citing In re Admonition Issued in Panel File No. 99-42.

Q: Can the Board change an advisory opinion after issuing it?

A: Yes. The opinion states the opinions are subject to change as the Board deems necessary or as required by decisions of the Minnesota Supreme Court.

Q: When does the Board issue advisory opinions?

A: The opinion states the Board issues them from time to time, either in response to a specific request or on its own initiative, on matters the Board deems important.

Background and rules framework

This opinion does not interpret a particular Rule of Professional Conduct. It states the Board's policy on the legal status of its own advisory opinions and their relationship to the authority of the Minnesota Supreme Court, which regulates the practice of law in Minnesota. The only authority the opinion cites is In re Admonition Issued in Panel File No. 99-42, 621 N.W.2d 240 (Minn. 2001).

Citations and references

Cases:

• In re Admonition Issued in Panel File No. 99-42, 621 N.W.2d 240 (Minn. 2001), Board opinions as rule interpretations that are not binding on the court

See also

No sibling opinions yet indexed.

Source

• Landing page: https://lprb.mncourts.gov/lawyers-professional-responsibility-board-opinions/
• Original PDF: https://lprb.mncourts.gov/wp-content/uploads/2024/10/Opinion-1_compressed.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LAWYERS PROFESSIONAL RESPONSIBILITY BOARD
OPINION NO. 1
THE LEGAL FORCE AND EFFECT OF OPINIONS ISSUED BY
THE STATE BOARD OF PROFESSIONAL RESPONSIBILITY
It is the policy of the State Board of Professional Responsibility to issue, from time to time, advisory opinions as to the professional conduct of lawyers, whether as a result of a specific request or its own initiative, on matters deemed important by the Board. The Board and the Supreme Court consider these opinions as rule interpretations that guide attorneys’ professional conduct even though they are not binding on the Court. See, In re Admonition Issued in Panel File No. 99-42, 621 N.W.2d 240 (Minn. 2001). Opinions issued by the Board will be subject to change from time to time as deemed necessary by the Board, or as required by decisions of the Minnesota Supreme Court. Adopted: October 27, 1972. Amended: December 4, 1987; and January 26, 2006.