2014

  • Opinion 2014-1

    Summary: The ability of civilian lawyers employed by the Department of the Navy who have been designated for furlough leave for budget purposes to give advice to the Navy on matters relating to furlough policy as well as non-furlough matters is a matter of federal, not Massachusetts, professional responsibility law.

  • Opinion 2014-2

    Summary: Payment by a lawyer to a commercial marketing service only after a prospective client contacts the lawyer upon receiving a proposal for services from the lawyer who has learned of the client's need from the marketing service's website does not violate Rule 7.3(f). Under the operation of the marketing program the payment is for permitted "advertising" rather than prohibited "solicitation."

  • Opinion 2014-3

    Summary: The Massachusetts Rules of Professional Conduct do not prevent a lawyer from representing a client at a municipal planning agency's land use hearing when a member of the lawyer's firm is also a member of the municipality's Board of Zoning Appeals since the BZA has no interest or jurisdiction with respect to the matter.

  • Opinion 2014-4

    Summary: The purchase price of the practice of a lawyer taking retirement status pursuant to Rule 4:02 may include a portion of legal fees earned in the future from representation of current and former clients of the retiring lawyer. It may not, however, include a portion of legal fees earned from representation of new clients referred by the retired lawyer.

  • Opinion 2014-5

    Summary: A lawyer for a party may "friend" an unrepresented adversary in order to obtain information helpful to her representation from the adversary's nonpublic website only when the lawyer has been able to send a message that discloses his or her identity as the party's lawyer.

©2014 Massachusetts Bar Association