Ethical Lawyering in Massachusetts

Meeting the challenges of everyday practice

Product Number: 1920281B00
Publication Date: 2/6/2021
Edition: 5th Edition 2021
Copyright: © 2021 MCLE, Inc.
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Ethical Lawyering in Massachusetts

Meeting the challenges of everyday practice

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Product Description
Product Description

This comprehensive treatment of ethics offers practical guidance on lawyers' duties to clients, to the court, to colleagues, and to third parties. Chapters are offered on ethics for lawyers in particular practice areas, including business, estate planning, personal injury, divorce, real estate, and criminal defense. This popular manual also gives you practical insight into the disciplinary process and how to avoid malpractice. A must-have manual for new and seasoned lawyers alike.

Recent updates:
- Update: January 2021
  Dear Subscriber:
  
  Thank you for updating your reference library with the 2021 revision of Ethical Lawyering in Massachusetts. This new edition brings the latest in guidance on professional responsibility within your immediate reach—for fast answers to the questions that arise most frequently in your practice.
  
  Highlights from among the many significant developments reflected in this edition include the following:
  - a recent Ninth Circuit opinion holding that hourly billed matters are not the property of the originating law firm;
  - cases illustrating various forms of conduct constituting dishonesty or prejudice to the administration of justice, including misrepresenting estate assets and intentionally disobeying a subpoena;
  - proposed amendments to the Massachusetts Rules of Professional Conduct;
  - a Supreme Judicial Court case involving the drafting of testamentary instruments benefiting the attorney preparing the documents;
  - an affirmation of the rule prohibiting recovery on a contingent fee contract while allowing recovery in quantum meruit;
  - adoption of Mass. R. Prof. C. 1.15A, which addresses the handling of client files;
  - the Supreme Judicial Court's rejection of the argument that silence in response to a bar counsel complaint was a "response" protected by the privilege against self-incrimination;
  - guidance on handling remote work and confidential information during the COVID-19 pandemic;
  - an analysis of the ethical issues arising from the modification of irrevocable trusts after the death of the settlor;
  - Board of Bar Overseer findings concerning the improper posting of confidential information on a public Facebook account;
  - a discussion of the ethical considerations involved in charging flat fees versus hourly fees;
  - guidance on withdrawing from a criminal matter pursuant to Mass. R. Prof. C. 3.3(e); and
  - an updated listing of websites and other resources providing information on ethics issues.
  We at MCLE thank you for your ongoing support of this product, as we continue our efforts to bring you the latest solutions to the issues you face in your practice.
  
  Very truly yours,
  
  John M. Lawlor, Esq., MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Sources of Ethical Authority in Massachusetts
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Gilda Tuoni Russell,

Chapter 2 expand

Lawyer Marketing
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Merle R. Hass, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Chapter 3 expand

Taking the Case: Conflicts of Interest
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Anthony E. Abeln, Esq., Morrison Mahoney LLP
Alan Everett Brown, Esq., Morrison Mahoney LLP

Chapter 4 expand

The Attorney-Client Relationship
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Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Exhibit 4A
- Sample Letter of Proposed Representation Buy Form

Exhibit 4B
- Sample Fee Agreement Buy Form

Chapter 5 expand

Fee Agreements
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Timothy J. Dacey, III, Esq., Goulston & Storrs, PC

Exhibit 5A
- Contingent Fee Agreement Form A Buy Form

Exhibit 5B
- Contingent Fee Agreement Form B Buy Form

Exhibit 5C
- Model Fee Agreements Buy Form

Chapter 6 expand

Duties to Clients
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Robert M. Buchanan, Esq., Sullivan & Worcester, LLP

Chapter 7 expand

Duties to Colleagues
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Gwen Nolan King, Esq., Nolan King Law
Regina E. Roman, Esq., Sugarman, Rogers, Barshak & Cohen, PC

Chapter 8 expand

Duties to Courts
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Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Chapter 9 expand

Duties to Third Parties
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Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Chapter 10 expand

Getting Paid
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Elaine M. Epstein, Esq., Todd & Weld LLP

Chapter 11 expand

The Disciplinary Process
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James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP
Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Exhibit 11A
- Diversion Program Policy Statement Buy Form

Exhibit 11B
- Provisions on Reinstatement (Supreme Judicial Court Rule 4:01, § 18) Buy Form

Exhibit 11C
- Board of Bar Overseers Policies and Practices Buy Form

Chapter 12 expand

Ethics Issues for Business Lawyers
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W. Terence Jones, Esq., Maselan & Jones, PC

Exhibit 12A
- Letter Agreement Regarding Consent to Multiple Representation of Initial Investors in Organizing a Corporation and Acting as Its General Counsel Buy Form

Exhibit 12B
- Letter Agreement Regarding Lawyer Serving on Board of Directors Buy Form

Exhibit 12C
- Consent to Representation When General Counsel Is a Shareholder or Is Investing in the Corporation on Formation Buy Form

Chapter 13 expand

Ethical Issues in Insurance Defense
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Anthony E. Abeln, Esq., Morrison Mahoney LLP
Alan Everett Brown, Esq., Morrison Mahoney LLP

Chapter 14 expand

Ethical Issues for Personal Injury Lawyers
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Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 14A
- Mass. R. Civ. P. 1.5(f), Form A Buy Form

Exhibit 14B
- Mass. R. Civ. P. 1.5(f), Form B Buy Form

Exhibit 14C
- Contingent Fee Letter Buy Form

Chapter 15 expand

Ethical Issues in Intellectual Property
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Jerry Cohen, Esq., Burns & Levinson LLP

Chapter 16 expand

Ethics in Estate Planning
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Melissa Langa, Esq., Bove & Langa, PC
Molly R. Soiffer, Esq., Bove & Langa, PC

Exhibit 16A
- Sample Physician Statement (Client Competent) Buy Form

Exhibit 16B
- Sample Physician Statement (Client Not Competent) Buy Form

Exhibit 16C
- Sample Engagement Letter for Spouses (Joint Representation) Buy Form

Exhibit 16D
- Sample Withdrawal Letter When a Joint Representation Fails Buy Form

Exhibit 16E
- Checklist for Joint Representation Buy Form

Exhibit 16F
- Guide for Representing Members of the Same Family Buy Form

Exhibit 16G
- Sample Conflict Waiver Buy Form

Exhibit 16H
- Excerpt from “Representing Clients with Diminished Capacity,” by Constance V. Vecchione, Esq. Buy Form

Chapter 17 expand

Ethical Issues for Divorce and Family Lawyers
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Martha R. Bagley, Esq., Weston Patrick, PA
Donald L. Pitman, III, Esq., The Pitman Law Offices LLC

Chapter 18 expand

Ethical Issues for Government Lawyers
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Jonathan C. Sclarsic, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Chapter 19 expand

Ethical Issues for Real Estate Lawyers
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Bruce T. Eisenhut, Esq.,

Chapter 20 expand

Ethical Issues for Civil Litigators
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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Gail Kleven Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 21 expand

Criminal Trial Practice
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Patrick G. Kiernan, Esq.,

Exhibit 21A
- Resources Buy Form

Chapter 22 expand

Ethics, Risk, and Malpractice
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James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Exhibit 22A
- Multiple Representations Create Conflict Hazards Buy Form

Exhibit 22B
- First American Title Insurance Company Agency Review Summary Buy Form

Exhibit 22C
- Loss Prevention Self-Audit Buy Form

Exhibit 22D
- Ten Ways to Decrease Stress . . . and Avoid Legal Malpractice Buy Form

Exhibit 22E
- Prospective Client Checklist Buy Form

Exhibit 22F
- Documentation Checklist Buy Form

Exhibit 22G
- Office Telephone Procedures Checklist Buy Form

Exhibit 22H
- Confidentiality Checklist Buy Form

Exhibit 22I
- Conflicts Checklist Buy Form

Exhibit 22J
- Sample Conflicts Check Form Buy Form

Exhibit 22K
- Outline of Massachusetts Legal Malpractice Law Buy Form

Exhibit 22L
- Twenty-four Top Rules of the Road Buy Form

Exhibit 22M
- Discipline and Malpractice Standards: When Rules Catch Up with Reality (“World Series” Edition) Buy Form

Exhibit 22N
- Basic Law Office Requirements Checklist Buy Form

Exhibit 22O
- You Mail, I Mail, We All Send Email Buy Form

Exhibit 22P
- “In-House” and “Out-House” Buy Form

Exhibit 22Q
- Sample Client Fee Agreement Buy Form

Exhibit 22R
- Sample Records Management Policy Buy Form

Chapter 23 expand

Researching Ethical Issues
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Paul R. Tremblay, Esq., Boston College Law School

Appendix

Additional Resources
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Appendix A
- Self-Audits for Law Offices Buy Form

Appendix B
- SJC Rule 3:16—Practicing with Professionalism Course for New Lawyers Buy Form

Appendix C
- MBA Statement of Lawyer Professionalism Buy Form

Appendix D
- Civility Guidelines for Family Law Attorneys Buy Form

Appendix E
- List of Ethics Research Websites and Resources Buy Form
Editors & Authors

Editor(s)

James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton

Author(s)

Anthony E. Abeln, Esq., Morrison Mahoney LLP, Boston

Martha R. Bagley, Esq., Weston Patrick, PA, Boston

Philip N. Beauregard, Esq., Beauregard, Burke & Franco, New Bedford

James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton

Alan Everett Brown, Esq., Morrison Mahoney LLP, Boston

Jerry Cohen, Esq., Burns & Levinson LLP, Boston

Elaine M. Epstein, Esq., Todd & Weld LLP, Boston

Michael Franco, Esq., Beauregard, Burke & Franco, New Bedford

Daniel K. Gelb, Esq., Gelb & Gelb LLP, Beverly

Gail Kleven Gelb, Esq., Gelb & Gelb LLP, Beverly

Richard M. Gelb, Esq., Gelb & Gelb LLP, Beverly

Merle R. Hass, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton Centre

W. Terence Jones, Esq., Maselan & Jones, PC, Boston

Patrick G. Kiernan, Esq., Boston

Gwen Nolan King, Esq., Nolan King Law, Weston

Melissa Langa, Esq., Bove & Langa, PC, Boston

Donald L. Pitman, III, Esq., The Pitman Law Offices LLC, Newburyport

Regina E. Roman, Esq., Sugarman, Rogers, Barshak & Cohen, PC, Boston

Gilda Tuoni Russell, Los Angeles

Jonathan C. Sclarsic, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston

Molly R. Soiffer, Esq., Bove & Langa, PC, Boston

Paul R. Tremblay, Esq., Boston College Law School, Newton Centre

Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

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Ethical Lawyering in Massachusetts

Meeting the challenges of everyday practice

Ethical Lawyering in Massachusetts

Meeting the challenges of everyday practice

Choose Format:

Product Description

Recent updates:

Table of Contents

Sources of Ethical Authority in Massachusetts

Lawyer Marketing

Taking the Case: Conflicts of Interest

The Attorney-Client Relationship

Exhibit 4A

Exhibit 4B

Fee Agreements

Exhibit 5A

Exhibit 5B

Exhibit 5C

Duties to Clients

Duties to Colleagues

Duties to Courts

Duties to Third Parties

Getting Paid

The Disciplinary Process

Exhibit 11A

Exhibit 11B

Exhibit 11C

Ethics Issues for Business Lawyers

Exhibit 12A

Exhibit 12B

Exhibit 12C

Ethical Issues in Insurance Defense

Ethical Issues for Personal Injury Lawyers

Exhibit 14A

Exhibit 14B

Exhibit 14C

Ethical Issues in Intellectual Property

Ethics in Estate Planning

Exhibit 16A

Exhibit 16B

Exhibit 16C

Exhibit 16D

Exhibit 16E

Exhibit 16F

Exhibit 16G

Exhibit 16H

Ethical Issues for Divorce and Family Lawyers

Ethical Issues for Government Lawyers

Ethical Issues for Real Estate Lawyers

Ethical Issues for Civil Litigators

Criminal Trial Practice

Exhibit 21A

Ethics, Risk, and Malpractice

Exhibit 22A

Exhibit 22B

Exhibit 22C

Exhibit 22D

Exhibit 22E

Exhibit 22F

Exhibit 22G

Exhibit 22H

Exhibit 22I

Exhibit 22J

Exhibit 22K

Exhibit 22L

Exhibit 22M

Exhibit 22N

Exhibit 22O

Exhibit 22P

Exhibit 22Q

Exhibit 22R

Researching Ethical Issues

Additional Resources

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Editor(s)

Author(s)