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.
-
Add to Favorites List
Choose Format:


-
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
-
Update: January 2021
-
Table of Contents
Table of Contents
expand allChapter 1 expandSources of Ethical Authority in Massachusetts
Buy ChapterChapter 2 expandLawyer Marketing
Buy ChapterChapter 3 expandTaking the Case: Conflicts of Interest
Buy ChapterChapter 4 expandThe Attorney-Client Relationship
Buy ChapterChapter 5 expandFee Agreements
Buy ChapterChapter 6 expandDuties to Clients
Buy ChapterChapter 7 expandDuties to Colleagues
Buy ChapterChapter 8 expandDuties to Courts
Buy ChapterChapter 9 expandDuties to Third Parties
Buy ChapterChapter 10 expandGetting Paid
Buy ChapterChapter 11 expandThe Disciplinary Process
Buy ChapterChapter 12 expandEthics Issues for Business Lawyers
Buy ChapterExhibit 12A
- Letter Agreement Regarding Consent to Multiple Representation of Initial Investors in Organizing a Corporation and Acting as Its General Counsel Buy FormExhibit 12B
- Letter Agreement Regarding Lawyer Serving on Board of Directors Buy FormExhibit 12C
- Consent to Representation When General Counsel Is a Shareholder or Is Investing in the Corporation on Formation Buy FormChapter 13 expandEthical Issues in Insurance Defense
Buy ChapterChapter 14 expandEthical Issues for Personal Injury Lawyers
Buy ChapterChapter 15 expandEthical Issues in Intellectual Property
Buy ChapterChapter 16 expandEthics in Estate Planning
Buy ChapterExhibit 16A
- Sample Physician Statement (Client Competent) Buy FormExhibit 16B
- Sample Physician Statement (Client Not Competent) Buy FormExhibit 16C
- Sample Engagement Letter for Spouses (Joint Representation) Buy FormExhibit 16D
- Sample Withdrawal Letter When a Joint Representation Fails Buy FormExhibit 16E
- Checklist for Joint Representation Buy FormExhibit 16F
- Guide for Representing Members of the Same Family Buy FormExhibit 16G
- Sample Conflict Waiver Buy FormExhibit 16H
- Excerpt from “Representing Clients with Diminished Capacity,” by Constance V. Vecchione, Esq. Buy FormChapter 17 expandEthical Issues for Divorce and Family Lawyers
Buy ChapterChapter 18 expandEthical Issues for Government Lawyers
Buy ChapterChapter 19 expandEthical Issues for Real Estate Lawyers
Buy ChapterChapter 20 expandEthical Issues for Civil Litigators
Buy ChapterChapter 21 expandChapter 22 expandEthics, Risk, and Malpractice
Buy ChapterExhibit 22A
- Multiple Representations Create Conflict Hazards Buy FormExhibit 22B
- First American Title Insurance Company Agency Review Summary Buy FormExhibit 22C
- Loss Prevention Self-Audit Buy FormExhibit 22D
- Ten Ways to Decrease Stress . . . and Avoid Legal Malpractice Buy FormExhibit 22E
- Prospective Client Checklist Buy FormExhibit 22F
- Documentation Checklist Buy FormExhibit 22G
- Office Telephone Procedures Checklist Buy FormExhibit 22H
- Confidentiality Checklist Buy FormExhibit 22I
- Conflicts Checklist Buy FormExhibit 22J
- Sample Conflicts Check Form Buy FormExhibit 22K
- Outline of Massachusetts Legal Malpractice Law Buy FormExhibit 22L
- Twenty-four Top Rules of the Road Buy FormExhibit 22M
- Discipline and Malpractice Standards: When Rules Catch Up with Reality (“World Series” Edition) Buy FormExhibit 22N
- Basic Law Office Requirements Checklist Buy FormExhibit 22O
- You Mail, I Mail, We All Send Email Buy FormExhibit 22P
- “In-House” and “Out-House” Buy FormExhibit 22Q
- Sample Client Fee Agreement Buy FormExhibit 22R
- Sample Records Management Policy Buy FormChapter 23 expandResearching Ethical Issues
Buy ChapterAppendixAdditional Resources
Buy ChapterAppendix A
- Self-Audits for Law Offices Buy FormAppendix B
- SJC Rule 3:16—Practicing with Professionalism Course for New Lawyers Buy FormAppendix C
- MBA Statement of Lawyer Professionalism Buy FormAppendix D
- Civility Guidelines for Family Law Attorneys Buy FormAppendix E
- List of Ethics Research Websites and Resources Buy Form - Editors & Authors