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Ethics Opinions

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The new Maine Rules of Professional Conduct have been promulgated by the Court effective August 1, 2009. Nevertheless, please note that Opinions #1 - #197 still remain in effect as written concerning the then applicable portions of the Code of Professional Responsibility.

Opinion Date Issued
#1: Police Legal Advisor 6/6/1979
#2: Litigation Against Former Client 10/17/1979
#3.:Conflicts Between Related Lawyers 10/17/1979
#4: Zoning Board Opinion 10/17/1979
#5: Juropsychotherapist Opinion 10/17/1979
#6. Disqualification of Prosecutor’s Opinion 10/17/1979
#7. District Attorney Conflict of Interest 4/2/1980
#8. Divorce Conflict of Interest Opinion 4/2/1980
#9. Limiting Liability 4/2/1980
#10. Contingent Fee in a Divorce Property Settlement 4/2/1980
#11. Contingent Fee in Arrearage Cases 4/2/1980
#12. Mortgage Loan Transactions 4/2/1980
#13. Firm Name Including Public Official 10/15/1980
#14. "Law Associates" 10/15/1980
#15. Advertised Fee for Uncontested Divorce 10/15/1980
#16. Letter Soliciting Personal Injury Case 10/15/1980
#17. Negotiation of Attorney's Fees in Class Actions 1/15/1981
#18. Charges for Services in Providing Title Insurance and Title Search 1/15/1981
#19. Disqualification of Deputy Attorney General Entering Private Practice 1/15/1981
#20. Disclosure of Client's Whereabouts 1/15/1981
#21. Representation of Passenger and Driver in Personal Injury Case 1/15/1981
#22. Obligation of Lobbyist to Former Clients 1/15/1981
#23. Lawyer Witnessing Violation of Clients' Rights 8/25/1981
#24. Charging Attorneys Fees Beyond Amount Allowed by Commission 8/25/1981
#25. Disqualification of Former Prosecutor in Subsequent Personal Injury Case Against Respondent 8/25/1981
#26. Limitation of Liability in Title Opinion 4/2/1981
#27. Client Reneging on Agreement to Pay Creditor Through Attorney 9/9/1981
#28. Duties of Attorney-Legislator and Partner Lobbyist 2/4/1982
#29. County Commissioner-Lawyer vs. District Attorney 2/4/1982
#30. Depositing Client's Funds in Out-of-State Bank 2/4/1982
#31. Profit-Sharing Plan for Law Firm Employees 9/22/1982
#32. Suing Former Client 9/22/1982
#33. Disqualification of Public Advocate's Counsel 9/22/1982
#34. Listing Office Manager on Letterhead 1/17/1983
#35. Providing Opposing Counsel with Copy of Draft Order 1/17/1983
#36. Litigation of Criminal Cases by Law Firm of Assistant District Attorney's Husband 1/17/1983
#37. Representing Both Customers and Retailer Against Manufacturer 1/17/1983
#38. County Commissioner Taking Cases Against Towns in the Same County 6/2/1983
#39. Associates of Part-time Assistant D.A.Representing Criminal Defendants 6/2/1983
#40. Regarding Charges for Title Insurance Amended 6/2/1983
#41. Referring Cases to Attorney with Whom Office Space Is Shared 8/23/1983
#42. Prosecution of Criminal Cases by Spouse of Member of Firm Defending the Accused (Revision of Opinion #36) 8/23/1983
#43. Purchase Price of Real Estate Deposited in Trust Account of Seller's Attorney 11/22/1983
#44. Representation of Injured Claimant and Subrogated Insurance Company of Same Attorney 11/22/1983
#45. Accepting Claims Against City by a Municipal Officer (or his Firm) 11/22/1983
#46. Advertising for Personal Injury Cases 5/10/1984
#47. Representing Both Personal Representative and Beneficiaries of the Estate 5/10/1984
#48. Enforceability of Medical-Legal Cooperation Code 5/10/1984
#49. Part-time District Attorney Representing Private Client Where County Commission Acts as Decision-Maker 5/10/1984
#50. Representing Partner in Case in Which He Will Be Called as a Witness 5/10/1984
#51. Refusal to Provide Deposition to Ex-Client Without Reimbursement of Cost 12/5/1984
#52. City Attorney as Partner of Planning Board Member and Board of Appeals Member 12/5/1984
#53. Individual Attorneys as "Associates" But Not Partners 3/14/1985
#54. Attorney for Corporation Who Also Serves as Director or Trustee 3/14/1985
#55. Disclosure of Confidences of One Client in Defending Grievance Filed by Another 4/22/1985
#56. Attorney's Use of Own Affidavit in Support of Motion 6/4/1985
#57. Fee Bonus Contingent on Successfully Obtaining Commercial Permits 7/1/1985
#58. Entering Plea of Insanity If Client Objects 9/4/1985
#59. Volunteer Lawyers Project 9/4/1985
#60. Attorney's Acceptance of Possession of Physical Evidence of a Crime 9/4/1985
#61. Establishment of Attorney-Client Relationship 9/4/1985
#62. Attorney Remitting Percentage of Collection Fee to Collection Agency 11/5/1985
#63. Attorney Assigned by Insurance Company as Lawyer for the Insured 11/5/1985
#64. Assertion of Contingent Fee Interest in Real Estate Which Is the Subject of the Lawsuit 1/7/1986
#65. Defense of Criminal Cases by Attorney Whose Spouse Is Related to District Attorney 12/4/1985
#66. Settlement of Malpractice Claim Which Also Involves Withdrawal of Grievance 1/7/1986
#67. Advisory Opinions Regarding Past Conduct by Other Attorneys 1/7/1986
#68. Obtaining Release of Claims of Present and Future Professional Misconduct 3/14/1986
#69. Agreement of Public Interest Litigation Organization to Receive Percentage of Court-Awarded Attorney's Fees on Referred Cases 3/14/1986
#70. Representation of Criminal Respondent by Spouse of Assistant District Attorney 5/7/1986
#71. Law Firm Offering Divorce Mediation Services 5/7/1986
#72. Refusal of Insured to Cooperate in Defense of Wife's Claim 8/6/1986
#73. Partner of City Councilor Litigating with the City 8/6/1986
#74. Disposal of Client Files 10/1/1986
#75. Contingent Fees in Certain Divorce Cases 12/3/1986
#76. Refusal of Court Appointments in Criminal Cases 12/15/1986
#77. Inclusion of Deceased Partner on Office Letterhead 3/4/1987
#78. Withdrawal of Mortgagee's Attorney Who Will Be Called as Witness Regarding Fees Charged in Foreclosure Action 4/1/1987
#79. Propriety of Business Venture in Which Lawyers and Accountants Are Principals 5/6/1987
#80. Representation by Probate Judge's Law Firm on a Matter upon Which He Has Acted in a Judicial Capacity 8/5/1987
#81. Contingent Fee in Case in Which Fee Award Is Permitted by Statute 11/4/1987
#82. Communication with Opposing Party's Physician 11/4/1987
#83. Domestic Litigation Against Former Client 3/10/1988
#84. Disclosure of Client's Incapacity to Protect Own Interests 3/2/1988
#85. Distribution of Newsletter to Non-clients 4/7/1988
#86. Firm Name Including "Of Counsel" 8/31/1988
#87. Structuring a Privately Operated Lawyer Referral Service 8/31/1988
#88. Disclosure of Unsolicited Communication Between Client and Member of an Administrative Tribunal 8/31/1988
#89. Drafting Complaint Signed by Pro Se Client 8/31/1988
#90. Written Communication with Amicus Curiae Regarding Matter in Litigation 8/31/1988
#91. Including Designation of Stockholder as Attorney on Business Corporation's Letterhead 11/16/1988
#92. Representation of Client in Which Lawyer Has Limited Partnership Interest 12/22/1988
#93. Requesting Release of Medical Records from Adverse Party Represented by Counsel 2/15/1989
#94. Communication with an Employee or Official of a Municipality 2/24/1989
#95. Pre-settlement Negotiation of Statutory Attorney's Fees Claims 3/13/1989
#96. Nonappearance of Attorney at Hearing upon Request or Consent Of Client 4/15/1989
#97. Mortgaging Marital Residence to Attorney to Secure Fees in Divorce Case 5/3/1989
#98. Allowing Undisbursed Fees Earned to Remain in Client Trust Account 8/16/1989
#99. Collection of Lawyer Referral Service Administration Fee 9/6/1989
#100. Threatening Grievance Action to Influence Malpractice Settlement Negotiations 10/4/1989
#101. Referral of Real Estate Transactions by One Attorney-Spouse to the Other 1/17/1990
#102. Application of Vicarious Disqualification Rule to Students in Legal Clinic 2/2/1990
#103. Splitting Fees Without Regard to Responsibility Assumed 2/7/1990
#104. Suit by Lawyer Member of Board of Overseers Against Attorney Who Is the Subject of a Grievance 2/7/1990
#105. Disclosure to Buyer of Attorney's Authorship of Broker's Purchase and Sale Agreement Form 5/17/1990
#106. Law Firm Acting as "Escrow Agent" to Assist Both Parties in Purchase and Sale of Business 5/25/1990
#107. Obligation of Attorney/Corporate Director to Maintain Client Confidences 6/27/1990
#108. Limitations on Witness-Lawyer 9/20/1990
#109. Duties of Lawyer/Mayor and Partners or Associates During Representation Before Public Bodies 10/4/1990
#110. Representation of "Potentially Responsible Parties" in Superfund Litigation 10/12/1990
#111. Disqualification of Former State Administrative Agency Board Member Entering Private Practice 11/1/1990
#112. Law Firm Advertising as Title Company 11/1/1990
#113. Limitations on Attorney-Witness and Contingent Fee Agreements 12/5/1990
#114. Communication Between Staff of the Office of Advocacy and Clients and Employees of the Department of Mental Health and Mental Retardation 2/26/1991
#115. Accepting Gifts From Court-Appointed Clients 4/25/1991
#116. Obligation of Attorney Regarding Client Funds Owed to Third Persons 6/6/1991
#117. Mortgaging Marital Residence to Attorney After Property Division and Divorce Judgment 6/7/1991
#118. Lawyers with Ownership Interest in Corporation Providing Public Relations Services 9/13/1991
#119. Class Action Against Government Agency 11/14/1991
#120. Delivering Client's File 12/11/1991
#121. Specialization 2/4/1992
#122. Notifying Employer of Settlement in Worker’s Compensation Cases 3/5/1992
#123. Participation in Seminar as Public Communication 4/23/1992
#124. Accepting Referrals from a Paralegal Advisor 5/6/1992
#125. Communication with Insurance Carrier's Adjuster 6/9/1992
#126. Non-Compete Agreements as a Condition of Employment 9/25/1992
#127. Disbursements to Client of Funds Assigned 12/8/1992
#128. Lawyer as Director of Non-Profit Corporation Providing Legal Services to Indigents 12/30/1992
#129. Lawyers Raising Funds for Judicial Education Committee On Behalf of Maine Bar Foundation 12/31/1992
#130. Vicarious Disqualification for Members of Special Assistant District Attorney's Law Firm 2/3/1993
#131. Representing Clients in Probate Court Where Partner is Register of Probate 3/26/1993
#132. Deletion from Firm Letterhead of Name of Attorney Who Has Been Suspended from the Practice of Law 4/12/1993
#133. Lawyer Referral Service Fee Remittances and Questions Pertaining Thereto 6/18/1993
#134. Supervisory Liability for Breach of Confidentiality 9/21/1993
#135. Membership in a National Network of Participating Lawyers 11/10/1993
#136. Direct Communication with Adverse Party After Litigation Is Complete 12/1/1993
#137. Preparation of Documents Ancillary to a Settlement Agreement by Mediator 12/1/1993
#138. Payment of Legal Fees by Finance Company 3/25/1994
#139. Charging Client for Defending Attorney Before Board of Overseers of the Bar 6/1/1994
#140. Obligation to Disclose Client's Perjury to Court 6/23/1994
#141. Real Estate Escrow Accounts as Trust Accounts 6/30/1994
#142. Disclosure by Mediator of "Of Counsel" Affiliation 8/19/1994
#143. Disposition of Client Files on Death or Disability of Solo Practitioner 7/19/1994
#144. Taking Security Interest in Client Property Unrelated to Litigation 8/22/1994
#145. Taking Fee for Referral When Conflict Bars Representation 9/27/1994
#146. Obligation to Return Inadvertently Disclosed Privileged Documents 12/9/1994
#147. Agreement with Referral Network Directing Lawyer's Professional Judgment 12/14/1994
#148. Disclosure of Client Financial Information under Indigent Defense Contract With State 3/30/1995
#149. Lawyer and Nonlawyer in Mediation Partnership 5/10/1995
#150. Charging Referral Fee While Representing Same Client in a Divorce 5/12/1995
#151. Fee Arbitration Clause in Lawyer-Client Contract 5/12/1995
#152. Law Firm Granting Bank Security Interest in Accounts Receivable 10/6/1995
#153. Contingent Fee Agreement Providing Client Will Not Be Responsible for Any Disbursements 9/9/1996
#154. Representing Child Where Parents May Have Adverse Interest 11/12/1996
#155. Arguing Different Sides of Same Legal Issue in Unrelated Cases 1/15/1997
#156. Representing One Party in Divorce After Being Contacted by Both Parties 2/5/1997
#157. Contingent Fee in Post-Divorce Proceeding 3/5/1997
#158. Formation of a Partnership With a Non-Lawyer for the Provision of a Governmental Services Including Lobbying 4/3/1997
#159. Conflicts of Interest in Adoption Proceedings 11/6/1997
#160. Permissible Forms of Contingent Fee Agreements 11/26/1997
#161. Raising Funds in Support of National Center for Judicial Education 1/21/1998
#162. Lawyer as Witness in Real Property Case Where Lawyer Previously Certified Title 10/14/1998
#163. Prohibition on Invocation of Criminal Process to Assist in Collecting Bills 11/4/1998
#164. Release of Insured's Client Confidences and Secrets to Auditing Firm Retained by Insurance Company 12/2/1998
#165. Disclosures Required in Real Estate Transaction Where Lawyer Represents Lender and Issues Title Policy 12/2/1998
#166. Affiliation with Entity Selling Inter Vivos Trusts 12/2/1998
#167. Referring Attorneys 1/6/1999
#168. Secretly Taping Telephone Calls 3/9/1999
#169. Responsibility of Attorney Leaving Firm for Contingent Fee Clients 9/9/1999
#170. Attorneys' and Clients' Agreement to Arbitrate Future Malpractice Claims 12/23/1999
#171. Consultations with Attorneys Outside the Firm on Client Matters 12/24/1999
#172. Obligation to Return Inadvertently Disclosed Privileged Documents and Withdrawal of Opinion No. 146 3/7/2000
#173. Retainer Fees, Credit Cards and IOLTA 3/7/2000
#174. Legal Services Websites 10/10/2000
#175. Lawyer Acting as Solo Practitioner and "of Counsel" to Another Law Firm 4/12/2001
#176. Complaint Justice Conflicts with Client 7/10/2001
#177. Advancing Litigation Costs Through Lines of Credit 12/14/2001
#178. Disbarred or Suspended Lawyer Selling Practice to Another Firm or Lawyer 3/8/2002
#179. Lawyer Providing Title Insurance Law-Related Services 7/18/2002
#180. Lawyer as Salaried Employee of Private Non-Profit Corporation 11/14/2002
#181. Lawyer Contacting Municipal Officials as Agent for Unionized Employees 1/14/2003
#182. Real Estate Transactions Involving Title Insurance Companies Owned in Whole or Part by Attorneys 8/6/2003
#183. Lawyer's Obligations Concerning the Manner Of Retention of Client and Law Office Records 1/28/2004
#184. Lawyer's Referral of Clients to an Investment Advisor in Exchange for Referral Fees 3/30/2004
#185. Lawyer's Retention of Closed Files in CD Format and Business Proposal for Scanning Other Law Firm's Closed Files to CD Format 4/1/2004
#186. Screening of Non-Lawyer Staff to Avoid Conflict 7/22/2004
#187. Guidance Concerning the Contents of the Client File that the Client is Entitled to Receive 11/5/2004
#188. Conflict Analysis For Attorney Member of Municipal Planning Board 2/2/2005
#189: Unauthorized Practice of Law in Maine by Admittees of Foreign Jurisdiction 11/15/2005
#190: Pro Bono Representation Issues: Change of Fee and Use of Confidential Information 5/3/2006
#191: Loan from Litigation Financing Co. to Personal Injury Plaintiff 12/21/2006
#192: Deceased Client: Confidential Information Requested by Personal Representative 6/20/2007
#193: Loans: Non-recourse litigation expense loans to an attorney 12/10/2007
#194: Client Confidences: Confidential firm data held electronically and handled by technicians for third-party vendors 6/30/2008
#195: Client Confidences: Communications with clients by unencrypted e-mail 6/30/2008
#196: Transmission, retrieval and use of metadata embedded in documents 10/21/2008
#197: Nonprofit Board of Directors provides services to domestic violence victims, attorney member's obligation to preserve confidences between organization and a party receiving its services 5/20/2009
#198. Attorneys handling of fees in Social Security Administration case where client was previously represented by a non-attorney advocate. 12/4/2009
#199. Advising clients concerning Maine’s Medical Marijuana Act 7/7/2010
#200. Attorney Serving only as Guardian ad litem: Use of IOLTA Accounts/Working with Non-Lawyer GALs and Parent Coordinators 8/11/2010
#201. Client File Retention Responsibilities Where an Associate Attorney Leaves a Law Firm 11/1/2010
#202. Inclusion in Engagement Letter of Client’s Agreement to Waive a Jury Regarding Disputes between Attorney and Client 1/9/2011
#203. Specialization 4/13/2011
#204. Prohibition of Attorney Entering Into a Hold Harmless or Indemnification Agreement in Favor of an Adverse Party Making Payment to the Attorney’s Client in Settlement of a Personal Injury Claim 4/22/2011
#205. Attorney’s representation of opposing counsel in an unrelated matter. 11/3/2011
#206. Non-Refundable Flat Fee Agreements 12/12/2012
#207. The Ethics of Cloud Computing and Storage 1/8/2013