The Massachusetts Bar Association has published two new advisory opinions from its Committee on Professional Ethics following their recent approval by the MBA House of Delegates.
The summary of the first opinion, 2024-3, reads: “It is not permissible for a lawyer to allow a client to send form letters on the lawyer’s letterhead to customers who have delinquent invoices. Similarly, it is not permissible for a lawyer to send letters to the client’s delinquent customers without performing a conflicts check and other due diligence customary when opening a new matter.”
The summary of the second opinion, 2024-4, reads: “A lawyer may not accept a payment for referring a client to a non-lawyer service provider unless the lawyer obtains the client’s informed consent in writing. The Committee believes that in some cases the lawyer will not be able to satisfy this requirement and must refuse to accept the payment.”
The opinions will also appear in an upcoming issue of the Massachusetts Law Review and will be submitted to Massachusetts Lawyers Weekly.
The Committee on Professional Ethics is a free resource for MBA members who need guidance on specific ethical concerns arising in their practices. It also publishes non-binding advisory opinions, such as 2024-3 and 2024-4, that interpret the Rules of Professional Conduct for the benefit of attorneys who may encounter similar issues.
Click here to learn more about the committee and access its library of ethics opinions.