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Index of Opinions by Topic

 Professional Ethics Opinions by Number
 

 

Opinions Issued by  the Grievance Commission and the
Professional Ethics Commission

  Opinion Number Date Issued  

Subject
 

#1

  06/06/79  
Police Legal Advisor
  #2  10/17/79  
Litigation Against Former Client 
  #3  10/17/79  
Conflicts Between Related Lawyers
  #4  10/17/79  
Zoning Board Opinion
  #5  10/17/79  
Juropsychotherapist Opinion
  #6  10/17/79  
Disqualification of Prosecutor’s Opinion 
  #7  04/02/80  
District Attorney Conflict of Interest 
  #8  04/02/80  
Divorce Conflict of Interest Opinion
  #9  04/02/80  
Limiting Liability 
  #10  04/02/80  
Contingent Fee in a Divorce Property Settlement   
  #11  04/02/80  
Contingent Fee in Arrearage Cases
  #12  04/02/80  
Mortgage Loan Transactions   
  #13  10/15/80  
Firm Name Including Public Official     
  #14  10/15/80  
"Law Associates"                        
  #15  10/15/80  
Advertised Fee for Uncontested Divorce               
  #16  10/15/80  
Letter Soliciting Personal Injury Case                      
  #17   01/15/81  

Negotiation of Attorney's Fees in Class Actions  
  #18   01/15/81  
Charges for Services in Providing Title Insurance and Title Search                
  #19   01/15/81  
Disqualification of Deputy Attorney General Entering Private Practice                    
  #20   01/15/81  
Disclosure of Client's Whereabouts                         
  #21   01/15/81  
Representation of Passenger and Driver in Personal Injury Case         
  #22   01/15/81  
Obligation of Lobbyist to Former Clients  
  #23   08/25/81  
Lawyer Witnessing Violation of Clients' Rights                                      
  #24   08/25/81  
Charging Attorneys Fees Beyond Amount Allowed by Commission            
  #25   08/25/81

Disqualification of Former Prosecutor in Subsequent Personal Injury Case Against Respondent                            

  #26   04/02/81  
Limitation of Liability in Title Opinion                       
  #27   09/09/81

Client Reneging on Agreement to Pay Creditor Through Attorney
  #28   02/04/82  

Duties of Attorney-Legislator and Partner Lobbyist
  #29   02/04/82  

County Commissioner-Lawyer vs. District Attorney   

  #30   02/04/82  

Depositing Client's Funds in Out-of-State Bank

  #31   09/22/82  
Profit-Sharing Plan for Law Firm Employees            
  #32   09/22/82  
Suing Former Client                                                
  #33   09/22/82  

Disqualification of Public Advocate's Counsel  

  #34   01/17/83  
Listing Office Manager on Letterhead                
  #35   01/17/83  

Providing Opposing Counsel with Copy of Draft Order  

  #36   01/17/83  

Litigation of Criminal Cases by Law Firm  of Assistant District Attorney's Husband      

  #37   01/17/83  

Representing Both Customers and Retailer Against Manufacturer                  

  #38   06/02/83  
County Commissioner Taking Cases Against Towns in the Same County                    
  #39   06/02/83  
Associates of Part-time Assistant D.A.Representing Criminal Defendants
  #40   06/02/83  

Regarding Charges for Title Insurance Amended   

  #41   08/23/83  

Referring Cases to Attorney with Whom Office Space Is Shared

  #42   08/23/83  
Prosecution of Criminal Cases by Spouse of Member of Firm Defending the Accused (Revision of Opinion #36)       
  #43   11/22/83  
Purchase Price of Real Estate Deposited in Trust Account of Seller's Attorney        
  #44   11/22/83  
Representation of Injured Claimant and Subrogated Insurance Company of Same  Attorney                   
  #45   11/22/83  
Accepting Claims Against City by a Municipal Officer (or his Firm)                       
  #46   05/10/84  
Advertising for Personal Injury Cases                   
  #47   05/10/84  
Representing Both Personal Representative and Beneficiaries of the Estate        
  #48   05/10/84  
Enforceability of Medical-Legal Cooperation Code                            
  #49   05/10/84  
Part-time District Attorney Representing Private Client Where County Commission Acts as Decision-Maker           
  #50   05/10/84  
Representing Partner in Case in Which He Will Be Called as a Witness                   
  #51   12/05/84  
Refusal to Provide Deposition to Ex-Client Without Reimbursement of Cost                         
  #52   12/05/84  
City Attorney as Partner of Planning Board Member and Board of Appeals Member                    
  #53   03/14/85  
Individual Attorneys as "Associates" But Not Partners              
  #54   03/14/85  
Attorney for Corporation Who Also Serves as Director or Trustee           
  #55   04/22/85  
Disclosure of Confidences of One Client in Defending Grievance Filed by Another  
  #56   06/04/85  
Attorney's Use of Own Affidavit in Support of Motion       
  #57   07/01/85  
Fee Bonus Contingent on Successfully Obtaining Commercial Permits                  
  #58   09/04/85  
Entering Plea of Insanity If Client Objects              
  #59   09/04/85  
Volunteer Lawyers Project                                    
  #60   09/04/85  
Attorney's Acceptance of Possession of  Physical Evidence of a Crime             
  #61   09/04/85  
Establishment of Attorney-Client Relationship         
  #62   11/05/85  
Attorney Remitting Percentage of Collection Fee to Collection Agency
  #63   11/05/55  
Attorney Assigned by Insurance Company as Lawyer for the Insured     
  #64   01/07/86  
Assertion of Contingent Fee Interest in Real Estate Which Is the Subject of the Lawsuit        
  #65 12/04/85  
Defense of Criminal Cases by Attorney Whose  Spouse Is Related to District Attorney                 
  #66   01/07/86  
Settlement of Malpractice Claim Which Also Involves Withdrawal of Grievance    
  #67   01/07/86  
 Advisory Opinions Regarding Past Conduct by Other Attorneys         
  #68   03/14/86  
Obtaining Release of Claims of Present and Future Professional Misconduct             
  #69   03/14/86  
Agreement of Public Interest Litigation Organization to Receive Percentage of Court-Awarded Attorney's Fees on Referred Cases         
  #70    05/07/86  
Representation of Criminal Respondent by Spouse of Assistant District Attorney             
  #71    05/07/86  
Law Firm Offering Divorce Mediation Services       
  #72    08/06/86  
Refusal of Insured to Cooperate in Defense of Wife's Claim           
  #73    08/06/86  
Partner of City Councilor Litigating with the City       
  #74    10/01/86  
Disposal of Client Files                                      
  #75   12/03/86  
Contingent Fees in Certain Divorce Cases               
  #76   12/15/86  
Refusal of Court Appointments in Criminal Cases          
  #77   03/04/87  
Inclusion of Deceased Partner on Office Letterhead                
  #78   04/01/87
Withdrawal of Mortgagee's Attorney Who Will Be Called as Witness Regarding Fees Charged in Foreclosure Action     
  #79   05/06/87  
Propriety of Business Venture in Which Lawyers and Accountants Are Principals
  #80   08/05/87  
Representation by Probate Judge's Law Firm on a Matter upon Which He Has Acted in a Judicial Capacity
  #81   11/04/87  
Contingent Fee in Case in Which Fee Award Is Permitted by Statute
  #82   11/04/87  
Communication with Opposing Party's Physician                  
  #83   03/10/88  
Domestic Litigation Against Former Client
  #84   03/02/88  
Disclosure of Client's Incapacity to Protect Own Interests
  #85
04/07/88
  
Distribution of Newsletter to Non-clients
  #86   08/31/88  
Firm Name Including "Of Counsel"
  #87   08/31/88  
Structuring a Privately Operated Lawyer Referral Service 
  #88   08/31/88  
Disclosure of Unsolicited Communication Between Client and Member of an Administrative Tribunal            
  #89    08/31/88  
Drafting Complaint Signed by Pro Se Client            
  #90   08/31/88  
Written Communication with Amicus Curiae Regarding Matter in Litigation
  #91   11/16/88  
Including Designation of Stockholder as Attorney on Business Corporation's Letterhead
  #92   12/22/88  
Representation of Client in Which Lawyer Has Limited Partnership Interest             
  #93    02/15/89  
Requesting Release of Medical Records from Adverse Party Represented by Counsel         
  #94   02/24/89  
Communication with an Employee or Official of a Municipality           
  #95   03/13/89  
Pre-settlement Negotiation of Statutory Attorney's Fees Claims
  #96   04/15/89  
Nonappearance of Attorney at Hearing upon Request or Consent Of Client          
  #97   05/03/89  
Mortgaging Marital Residence to Attorney to Secure Fees in Divorce Case            
  #98   08/16/89  
Allowing Undisbursed Fees Earned to Remain in Client Trust Account
  #99   09/06/89  
Collection of Lawyer Referral Service Administration Fee                 
  #100  10/04/89  
Threatening Grievance Action to Influence Malpractice Settlement Negotiations             
  #101  01/17/90  
Referral of Real Estate Transactions by One Attorney-Spouse to the Other         
  #102  02/02/90  
Application of Vicarious Disqualification Rule to Students in Legal Clinic             
  #103  02/07/90  
Splitting Fees Without Regard to Responsibility Assumed
  #104  02/07/90  
Suit by Lawyer Member of Board of Overseers Against Attorney Who Is the Subject of a Grievance
  #105  05/17/90  
Disclosure to Buyer of Attorney's Authorship of Broker's Purchase and Sale Agreement Form                     
  #106  05/25/90  
Law Firm Acting as "Escrow Agent" to Assist Both Parties in Purchase and Sale of Business      
  #107  06/27/90  
Obligation of Attorney/Corporate Director to Maintain Client Confidences         
  #108  09/20/90  
Limitations on Witness-Lawyer                              
  #109  10/04/90  
Duties of Lawyer/Mayor and Partners or Associates During Representation Before Public Bodies           
  #110  10/12/90  
Representation of "Potentially Responsible Parties" in Superfund Litigation          
  #111  11/01/90  
Disqualification of Former State Administrative Agency Board Member Entering Private Practice                       
  #112  11/01/90  
Law Firm Advertising as Title Company
  #113  12/05/90  
Limitations on Attorney-Witness and Contingent Fee Agreements
  #114   02/26/91  
Communication Between Staff of the Office of Advocacy and Clients and Employees of the Department of Mental Health and Mental Retardation
  #115   04/25/91
Accepting Gifts From Court-Appointed Clients
  #116   06/06/91  
Obligation of Attorney Regarding Client Funds Owed to Third Persons
  #117   06/07/91  
Mortgaging Marital Residence to Attorney After Property Division and Divorce Judgment 
  #118   09/13/91  
Lawyers with Ownership Interest in Corporation Providing Public Relations Services
  #119   11/14/91  
Class Action Against Government Agency
  #120   12/11/91  
Delivering Client's File 
  #121   02/04/92
Specialization
  #122   03/05/92  
Notifying Employer of Settlement in Worker’s Compensation Cases
  #123   04/23/92  
Participation in Seminar as Public Communication
  #124   05/06/92  
Accepting Referrals from a Paralegal Advisor
  #125   06/09/92  
Communication with Insurance Carrier's Adjuster     
  #126   09/25/92  
Non-Compete Agreements as a Condition of Employment      
  #127  12/08/92  
Disbursements to Client of Funds Assigned             
  #128  12/30/92  
Lawyer as Director of Non-Profit Corporation Providing Legal Services to Indigents       
  #129  12/31/92  
Lawyers Raising Funds for Judicial Education Committee On Behalf of Maine Bar Foundation
  #130  02/03/93  
Vicarious Disqualification for Members of Special Assistant District Attorney's Law Firm
  #131  03/26/93  
Representing Clients in Probate Court Where Partner is Register of Probate
  #132   04/12/93  
Deletion from Firm Letterhead of Name of Attorney Who Has Been Suspended from the Practice of Law
  #133   06/18/93  
Lawyer Referral Service Fee Remittances and Questions Pertaining Thereto
  #134   09/21/93  
Supervisory Liability for Breach of Confidentiality                   
  #135  11/10/93  
Membership in a National Network of Participating Lawyers
  #136  12/01/93  
Direct Communication with Adverse Party After Litigation Is Complete
  #137  12/01/93  
Preparation of Documents Ancillary to a Settlement Agreement by Mediator                
  #138  03/25/94  
Payment of Legal Fees by Finance Company 
  #139  06/01/94  
Charging Client for Defending Attorney Before Board of Overseers of the Bar                 
  #140  06/23/94  
Obligation to Disclose Client's Perjury to Court                   
  #141  06/30/94  
Real Estate Escrow Accounts as Trust Accounts             
  #142  08/19/94  
Disclosure by Mediator of "Of Counsel" Affiliation                     
  #143  07/19/94  
Disposition of Client Files on Death or Disability of Solo Practitioner               
  #144  08/22/94  
Taking Security Interest in Client Property Unrelated to Litigation           
  #145  09/27/94  
Taking Fee for Referral When Conflict Bars Representation                
  #146  12/09/94  
Obligation to Return Inadvertently Disclosed Privileged Documents      
  #147  12/14/94  
Agreement with Referral Network Directing Lawyer's Professional Judgment         
  #148  03/30/95  
Disclosure of Client Financial Information under Indigent Defense Contract With State                  
  #149  05/10/95  
Lawyer and Nonlawyer in Mediation Partnership                          
  #150  05/12/95  
Charging Referral Fee While Representing Same Client in a Divorce
  #151  05/12/95  
Fee Arbitration Clause in Lawyer-Client Contract                           
  #152  10/06/95  
Law Firm Granting Bank Security Interest in Accounts Receivable       
  #153  09/09/96  
Contingent Fee Agreement Providing Client Will Not Be Responsible for Any Disbursements          
  #154  11/12/96  
Representing Child Where Parents May Have Adverse Interest        
  #155  01/15/97  
Arguing Different Sides of Same Legal Issue in Unrelated Cases       
  #156  02/05/97  
Representing One Party in Divorce After Being Contacted by Both Parties             
  #157  03/05/97  
Contingent Fee in Post-Divorce Proceeding            
  #158  04/03/97  
Formation of a Partnership With a Non-Lawyer for the Provision of a Governmental Services Including Lobbying                          
  #159  11/06/97  

Conflicts of Interest in Adoption Proceedings

  #160  11/26/97  
Permissible Forms of Contingent Fee Agreements                                                     
  #161  01/21/98  

Raising Funds in Support of National Center for Judicial Education      

  #162  10/14/98  

Lawyer as Witness in Real Property Case Where Lawyer Previously Certified Title           

  #163  11/04/98  

Prohibition on Invocation of Criminal Process to Assist in Collecting Bills
  #164  12/02/98  
Release of Insured's Client Confidences and Secrets to Auditing Firm Retained by Insurance Company         
  #165 12/02/98  

Disclosures Required in Real Estate Transaction Where Lawyer Represents Lender and Issues Title Policy                 

  #166 12/02/98  
Affiliation with Entity Selling Inter Vivos Trusts                                  
  #167  01/06/99  
Referring Attorneys                                             
  #168  03/09/99  
Secretly Taping Telephone Calls                             
  #169  09/09/99  
Responsibility of Attorney Leaving Firm for Contingent Fee Clients                                         
  #170  12/23/99  

Attorneys' and Clients' Agreement to Arbitrate Future Malpractice Claims

  #171  12/24/99  

Consultations with Attorneys Outside the Firm on Client Matters  

  #172 03/07/00  
Obligation to Return Inadvertently Disclosed Privileged Documents and Withdrawal of Opinion No. 146
  #173 03/07/00  
Retainer Fees, Credit Cards and IOLTA                 
  #174 10/10/00  
Legal Services Websites                                       
  #175 04/12/01  

Lawyer Acting as Solo Practitioner and "of Counsel" to Another Law Firm                         

  #176 07/10/01  
Complaint Justice Conflicts with Client         
  #177 12/14/01  

Advancing Litigation Costs Through Lines of Credit                                                                

  #178 03/08/02  

Disbarred or Suspended Lawyer Selling Practice to Another Firm or Lawyer                       

  #179  07/18/02  
Lawyer Providing Title Insurance Law-Related Services           
  #180  11/14/02  

Lawyer as Salaried Employee of Private Non-Profit Corporation

  #181 01/14/03  

Lawyer Contacting Municipal Officials as Agent for Unionized Employees
  #182 08/06/03  
Real Estate Transactions Involving Title Insurance Companies Owned in Whole or Part by Attorneys                
  #183 01/28/04  

Lawyer's Obligations Concerning the Manner Of Retention of Client and Law Office Records
  #184 03/30/04  

Lawyer's Referral of Clients to an Investment Advisor in Exchange for Referral Fees
  #185 04/01/04  

Lawyer's Retention of Closed Files in CD Format and Business Proposal for Scanning Other Law Firm's Closed Files to CD Format
  #186 07/22/04  
Screening of Non-Lawyer Staff to Avoid Conflict
  #187 11/05/04
Guidance Concerning the Contents of the Client File that the Client is Entitled to Receive
  #188 02/02/05
Conflict Analysis For Attorney Member of Municipal Planning Board
  #189 11/15/05 Unauthorized Practice of Law in Maine by Admittees of Foreign Jurisdiction
  #190 5/3/06

Pro Bono Representation Issues: Change of Fee and Use of Confidential Information    
  #191 12/21/06 Loan from Litigation Financing Co. to Personal Injury Plaintiff
  #192 6/20/07
Deceased Client: Confidential Information Requested by Personal Representative
  #193 12/10/07
Loans: Non-recourse litigation expense loans to an attorney
  #194 12/11/07

Client Confidences: Confidential firm data held electronically and handled by technicians for third-party  vendors
  #195 6/30/08

Client Confidences: Communications with clients by unencrypted e-mail
  #196 10/21/08
Transmission, retrieval and use of metadata embedded in documents
  #197 5/4/09
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
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