1982

  • Opinion No. 82-10
    Summary: It is not improper for a lawyer or law firm to list a professional corporation of attorneys on its letterhead as "of counsel,, so long as the relationship between the lawyer or law firm and the professional corporation is such that the listing is not deceptive.
  • Opinion No. 82-9
    Summary: The Disciplinary Rules do not forbid per se an attorney from drafting a will in which the attorney is named a beneficiary for his parent, at his parent's request, provided that the attorney makes full disclosure of the possible effect of the disposition on his independent professional judgment.
  • Opinion No. 82-8
    Summary: A lawyer who has developed a settlement position with a client should dissuade the client from discussing settlement with the adversary party directly unless counsel for the adversary party has consented to such a discussion. Likewise the lawyer should not send a copy of his settlement offer directly to the adversary party without its counsel's consent; nor should he permit his client to send its own letter repeating the settlement offer to the adversary party without its counsel's consent.
  • Opinion No. 82-7
    Summary: A lawyer may not interview current employees of a corporate defendant without the consent of opposing counsel under DR 7-104(A)(1) when the proposed interview concerns matters within the scope of the employee's employment but may interview current employees about other matters.
  • Opinion No. 82-6
    8K
    0/B> A lawyer who is also a member of the Massachusetts legislature may represent clients before governmental entities, including state agencies, provided that (1) the representation does not violate G.L. c.268A, (2) the lawyer does not use his position as a legislator to influence or attempt to influence the governmental entity to act in favor of the client, and (3) the lawyer neither states nor implies that he is able to influence the governmental entity improperly or upon irrelevant grounds.
  • Opinion No. 82-5
    Summary: A lawyer, prior to instituting a class action, may properly advertise in newspaper or similar medium stating that he represents an individual client against a defendant, provided that the advertisement does not contain a deceptive statement or claim, for the purpose of determining whether there exist persons similarly situated to his client to justify bringing a class action.
  • Opinion No. 82-4
    Summary: An attorney who represents a real estate owner or promoter in drafting condominium documents, and in participating in the closing of titles to the condominium units, may properly act as a broker for the owner in the sales of the condominium units, provided she obtains consent from the owner or promoter after full disclosure of the possible impact of the brokerage activities on her responsibilities as attorney.
  • Opinion No. 82-3
    Summary: A lawyer may sell an account receivable due from a client for unpaid legal fees only with the client's consent after full disclosure.
  • Opinion No. 82-2
    Summary: References to a lawyer's dual professional status as an attorney and certified public accountant on his business cards and envelopes do not violate DR 2-102 or any other provision of SJC Rule 3:07.
  • Opinion No. 82-1
    Summary: After legal services have been rendered, an attorney may not obtain from a client a release from liability for potential malpractice claims in exchange for a reduction in the lawyer's fee, unless the client knowingly consents, after full disclosure of all possible claims and the consequences of the release, and is advised to seek independent counsel regarding the settlement.
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