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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