1995

  • Opinion No. 95-3
    Summary: A close family member of a district attorney is not automatically disqualified from defending criminal cases within the district attorney's county. Consent of the criminal defendant will be effective to avoid disqualification in many cases. The district attorney normally should recuse herself in any such case, but if she screens herself off from participation, a member of her office may handle the matter. If the district attorney chooses not to recuse herself from a case defended by her relative, it is appropriate for the district attorney to seek court approval for her participation.
  • Opinion No. 95-2
    Summary: An attorney may not enter into a fee agreement with a client for a particular case or service if the agreement requires the client to pay a retainer which is non-refundable.
  • Opinion No. 95-1
    Summary: The Massachusetts Bar Association, and indeed all lawyers practicing in Massachusetts, have benefited immensely from the services rendered by Andrew L. Kaufman, Esq. as a member and long-time chairman of the MBA Committee on Professional Ethics.
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