1974

  • Opinion No. 74-1
    Summary: It is proper for a lawyer to participate in a credit card arrangement with a bank, under which his clients pay for legal services and disbursements by charging them with a credit card, but only upon the following conditions:
  • Opinion No. 74-2
    Summary: If there is a substantial probability that trial counsel for the proponents of a contested will may decide during the trial to call his partner as a witness for the proponents of the will, trial counsel probably should withdraw from representation of the proponents prior to trial; but in the circumstances of this particular case the decision must be left to the trial lawyer to make in light of all of the facts and circumstances not known to him, including the factor of possible hardship to the clients if he withdraws from his representation of them.
  • Opinion No. 74-3
    Summary: It is not permissible for an attorney who owns a building in which he and only one other attorney have their offices to name the building "Lawyers Center" or "Legal Center."
  • Opinion No. 74-4
    Summary: A lawyer may publish a dignified announcement of his availability to act as consultant to or associate with other lawyers in a particular branch of law in publications intended primarily for the professional use of lawyers. Publication of such a notice in a particular legal journal not more frequently than once a month would be acceptable. [Editor's note: See MBA Opinion 78-4, which reconsidered Opinion 74-4 in light of more recent cases construing the First Amendment as applied to professional advertising: "... DR 2-105(A)(3) ... can no longer be construed to prohibit publication 'more often than once a month in any particular legal journal.'"]
  • Opinion No. 74-5
    Summary: Lawyers affiliated with a federally funded nonprofit legal assistance project may interview prison inmates scheduled for parole revocation hearings, advise such inmates of their rights, and then undertake to represent those indigent inmates who desire legal representation at the hearings.
  • Opinion No. 74-6
    Summary: If a lawyer places his client's funds in an interest-bearing bank account, he must account to the client for the interest-earned on the funds, and may not retain it for his own use.
  • Opinion No. 74-7
    Summary: A lawyer may be identified as such in promotional materials relating to his availability as a public lecturer, where disclosure of his profession is reasonably pertinent for a purpose other than the attraction of potential clients.
  • Opinion No. 74-8
    Summary: A lawyer who has been asked to arbitrate a domestic dispute between husband and wife and has advised them jointly with respect to the domestic dispute thereafter cannot represent either of them in an adversary proceeding arising from the same matter.
  • Opinion No. 74-9
    Summary: It is unethical for a lawyer to incur obligations for a court reporter's services if he does not intend to pay for such services within a reasonable period of time. Such intent may be inferred from unexplained long delay in payment, unexplained repeated instances of non-payment or other circumstances.
  • Opinion No. 74-10
    Summary: An attorney whose client is accused of possible criminal conduct by a witness during a recess in the trial of a contested divorce and custody matter is under no obligation to withdraw from the case or reveal the accusation to the court or other appropriate authority where the client denies the accusation and there is no indication that the client intends to engage in criminal or other illegal conduct.
  • Opinion No. 74-11
    Summary: A lawyer may publish a dignified announcement of his availability to act as consultant to or associate with other lawyers in a particular branch of law in the Massachusetts Lawyers Diary and Manual.
  • Opinion No. 74-12
    Summary: A lawyer may not list on his letterhead the jurisdictions in which he is admitted to practice.
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