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Index of Opinions by Topic

Index of Opinions by Number

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Index of Professional Ethics Opinions


A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Academic Degree [Top]
  Doctor, use of title
  Professional titles, use with J.D.
 
Accountants [Top]
  Partnerships with attorneys, formation of
     
Acquiring Interest in Litigation See Conflict
of Interest. [Top]
 
Advertising [Top]
  Advertised flat fees, departure from
  Business entities, purchase of documents prepared by
  Consulting services, attorney as shareholder of nonprofessional corporation
  Escrow agent, law firm as
  Firm Names
 
    "Of counsel"
    Deceased partner's name, retention of
    Public official's name, retention of, former firm member
    Suspended attorney's name, retention of
  Law associates, informal partnerships, use of expression
  Law lists or directories, national networks, membership in
  Letterhead - Corporate
 
    Stockholders, use of title "Esq."
  Law firms, names of
 
    Deceased partner's name, retention of
    Former member's name, retention of
    Law associates, use of term
    Non-lawyer's name, listing of
    Suspended attorney's name, retention of
  Marketing organization, private consultations obtained by, compensation to
  Mediation service, divorce
  Professional titles, use with J.D.
  Public communications, solicitation of employment by
 
    Letter to individual
    Newsletter
    Newspaper, personal injury cases
  Referral service
 
    Attorney operated
    Maine Lawyer Referral Service
    Web site referral service, participation in
    Specialist, use of term
     Title companies, law firms as, listing of
       
Advisory Opinions [Top]
  Professional Ethics Commission, jurisdiction
 
Affidavits. See also Conflict of Interest, Witnesses,
Withdrawal [Top]
  Attorney, field by
 
Appearance of Impropriety. See also Conflict
of Interest. [Top]
  Assistant District Attorney  
    Representation of criminal defendant by firm of
    Representation of criminal defendant, spousal relationship with
    Former clients, representation against
    Limiting representation, pro se clients
Public office, lawyer on municipal planning Board
  Public officials, association with litigation against city agencies and employees
 
 Associates. See also Partnerships. [Top]
  Accountants, partnerships with attorneys
  Divorce cases, interest conflicts within firm
  Employment agreement, noncompetition clause
  Law associates, informal partnerships, use of expression
 
Attorney General See also Prosecutors. [Top]
  Entry into private firm, firm disqualification
 

Written consent from, when required

 
Attorney-Client Privilege. See Confidentiality. [Top]
 
ATTORNEY-CLIENT RELATIONSHIP. See also Client Files.
Client Files. Client Funds. Commencement of Representation.
Communications. Confidentiality. Conflict of Interest. Fees.
Termination of Representation. Withdrawal. [Top]
  Conduct giving rise to
  Confidences and secrets, prospective clients
Deceased client, confidential information requested by Personal Representative
  Insurance company and insured, representation of
  Mediator, attorney as
  Office of Advocacy, lawyer and non-lawyer advocates.
  Pro se
 
    Limited representation, attorney drafted complaint
    Volunteer Lawyers Project
 
Banks. See also Client Funds. [Top]
  Security arrangements, accounts receivable,
disclosure of client information
  Title searches, representation of bank and borrower
 
Class Actions [Top]
  "Superfund" litigation, propriety of multiple representation
  Government agencies, filing against and payment received from
  Statutory fees collected from adverse party, pre-settlement negotiations
 
Clerks. See Law Clerks [Top]
 
Client Confidences. See Confidentiality. [Top]
 
Client Files [Top]
Deceased client, confidential information requested by Personal Representative
  Delivery
 
    File contents that the client is entitled to receive
    Termination of employment
  Disposition
 
    Closed file
    Deceased or disabled lawyer
    Delivering the file at the client's request
  Liens, conditions placed on furnishing files
  Storage
 
File/data delivered to third-party vendor for electronic storage
                        #194
Paper copies transferred to electronic storage
                        #185
  Maintenance: Obligation to maintain file
    Electronic formats
 
Client Funds [Top]
  Retainers, advances and fees, deposit and withdrawal of
  Settlements, remitting proceeds
 
    Collection agencies
    Divorce decrees, as instructed by
  Trust accounts
 
    Out of state accounts, deposit in
     Real estate, escrow
     
 
Client's Decision Making Authority [Top]
  Incapacity, mental
  Insureds and insurer, representation of, defense strategy
  Pleas, entering of, insanity defense
    Collection agencies
    Divorce decrees, by order of
       
Client. See also Attorney-Client Relationship. Client's
Decision Making Authority. Client Files. Client Funds.
Confidentiality. Public Interest Legal  Services. [Top]
     
       
Code of Cooperation [Top]
  Maine Bar and Medical Association, violation of
       
Collection Agencies [Top]
  Fee sharing arrangements
  Settlements, remitting proceeds to
     
Commencement of Representation. See also Attorney-
Client Relationship. Conflict of Interest. Disclosure [Top]
  Disclosure of interests, consent requirement  
  Attorney General, written consent  
    Familial relations
  Attorney-legislator, firm member of
  Board of Overseers of the Bar, board member and member of firm initiating grievance complaint
  Committee or group representation, "Superfund" litigation
  Familial relations
  Insurer, subrogated
  Interest in client, limited partnership
  Office sharing arrangements, attorneys participating in
  Partners and associates, representation of adverse parties
  Prior judicial activity
 
  Former administrative agency board member, entry into private firm
  Probate judge, partner in representing attorney's firm
  Public Advocate, counsel to, Public Utilities Commission cases
  Simultaneous representation
 
    Adoption proceedings
    Insurance company and insureds
    Title companies, attorney-agent
  Successive representation
 
    Former clients, litigation against
    Lobbying activity, representation of interest groups
    Witness, lawyer called as
  Employment agreements
 
    Arbitration clauses
    Noncompetition clause
  Identifying commencement
 
    Associate's clients, termination of employment by partner
    Insurance company and insureds
    Mediation service
    Probate, beneficiaries of estate, identification of client
    Title searches, identification of client
  Legal aid clinics, law school affiliated
  Limited representation, pro se
  Newsletter, solicitation of employment by, general public
  Referral service, lawyer serving as
Referrals, conflict cases, division of fees
  Referral from legal services organization
     
Communications [Top]
Data/file storage with third-party vendor
                        #194
Deceased client, confidential information requested by Personal Representative
  Ex parte
 
    Final decree, attorney drafted
    Letter, received by client during hearing
Newsletters, general public
Non-firm attorneys, consultation with
Parties
    Adverse party, represented
    Debtors, reporting bad checks
Disabled clients, relatives of
Insurance adjuster, as named party and corporate employee of adverse party
Municipalities
    Amicus brief, filing of, counsel representing adverse municipality
    Council members of
    Employee grievance proceedings
    Office of Advocacy, exception to Bar Rules
    Workers' compensation insurer, representation of, communication with employer
Use of confidential information from referral
Witnesses, plaintiff's doctor
Conduct. See also Client Funds. Communications.
Confidentiality. [Top]
  During litigation  
    Appearance, failure to make at client's request
    Contingent fee agreements, proprietary interests
    Criminal evidence, custody of, improper concealment
    Ex parte communications, attorney drafted final decrees
    Limited partnership interest in client
    Litigation costs, advancement of, transfer of finance costs to client
Litigation costs, aiding client in obtaining loan from third-party commercial lender
Litigation costs, non-recourse loan obtained by attorney
                        #193
    Privileged documents of adverse party, inadvertent disclosure by opposing counsel
     Public prosecutor, duty of, Public Utilities Commission cases
  During representation
 
    Collection proceedings, criminal violation charges in civil matter
    Communications with insured-employer, settlements, worker's compensation claims
    Court appointed cases, attorney competency
    Grievance complaint, threat to file
    Pleas, entering on client's behalf, consent requirement
Termination of law practice, death or disability, client files
    Communications with clients by unencrypted e-mail

#195

  Title searches, bank or borrower interests, avoiding misreliance
       
Confidentiality [Top]
  Address of client, disclosure by court order
  Billing information, disclosure to insurance auditing company
  Closed client files, disposal of
Communications with clients by unencrypted e-mail

#195

  Consultations, non-firm attorneys, client consent
  Court orders, client's defiance of, disclosure
  Criminal evidence, taking custody of
Deceased client, confidential information requested by Personal Representative
  Fees charged, disclosure to Bar Association referral service
  File storage business, attorney operated
File/data storage business, contract with third-party vendor
                        #194
  Financial information of client, disclosure of
  Financing agencies, fee arrangements with
  Former clients, litigation against
  Grievance proceedings, use of client confidences in defense of
  Letter, received by client during hearing
  Lobbying activity, successive representation of interest groups.
  Mediation services, obligations to clients
  Mental incapacity of client, disclosure of