Ethics Opinions

Standing Committee on Legal Ethics An inquiring attorney presented a factual scenario of clients preferring and sometimes requiring the attorney to send documents to the client in electronic format.  The Committee was asked whether or not an attorney (1) must maintain a paper copy of the client’s file during the representation, (2) may destroy paper […]

[Approved by the Massachusetts Bar Association’s House of Delegates on March 3, 2005]   Summary of the Committee: “A law firm may provide a third-party software vendor with access to confidential client information stored on the firm’s computer system for the purpose of allowing the vendor to support and maintain a computer software application utilized […]

State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion 2003-164 Topic: Does an attorney-client relationship form as a consequence of a radio call-in show or other similar format? Digest of the Committee: “The context of a radio call-in show or other similar format is unlikely to support a reasonable belief by […]

Ethics Committee Topic: Is it Ethical not to Meet Face-to-face with your Client if You Communicate by E-mail or Telephone Instead? A lawyer (in bankruptcy practice) has “asked the committee to opine as to whether electronic communication, without in-person meetings, can be sufficient to fulfill an attorney’s duties of communication and competence.” The Committee answered […]

State Bar Association Committee on the Rules of Professional Conduct Topic: Confidentiality; E-mail; Internet; Initial Consultation; Disclaimers Digest of the Committee: An attorney does not owe a duty of confidentiality to individuals who unilaterally e-mail inquiries to the attorney when the e-mail is unsolicited. The sender does not have a reasonable expectation of confidentiality in […]

Topic: Plan to solicit bids by lawyers to perform legal services on internet website; advertising, solicitation, and participation in a referral plan; duties with regard to advertising fees, client confidentiality, unauthorized practice of law, and conflicts of interest Digest: “Lawyers may respond to an invitation to bid on legal projects through an internet website where […]

Committee on Professional Ethics Topic: Closed files; disposition procedures; dissolution of law firm Digest of the Committee: “Procedures for disposing of closed files; partners’ ethical obligations are joint and several notwithstanding dissolution.” Rules: DR 1-102(A)(5), 4-101(B)(1), 4-101(D), 9-102(B), 9-102(D), 9-102 (G); EC 1-5, 4-4, 4-6, 7-1, 7-8, 7-11, 7-12 The full text is available at […]

Professional Ethics Commission Opinion Topic: Disposal of Client Files The full text is available at http://www.maine….