Transcription of Massachusetts Rules of Professional Conduct
1 Practicing with ProfessionalismMassachusetts Rules ofProfessional Conductcurrent through December 1, 2017 Supreme Judicial court Rule 3:07 Massachusetts Rules of Professional Conduct CURRENT THROUGH AMENDMENTS EFFECTIVE DECEMBER 1, 2017 Supreme Judicial court , Commonwealth of Massachusetts The Massachusetts Rules of Professional Conduct , as adopted by the Massachusetts Supreme Judicial court , current through amendments effective December 1, 2017. The current text of the Massachusetts Rules of Professional Conduct is available online at Printed February 2018 by Massachusetts Continuing Legal Education, Inc. Printed in the United States of America Massachusetts Continuing Legal Education, Inc.
2 Ten Winter Place, Boston, MA 02108-4751 800-966-6253 | Fax 617-482-9498 | Massachusetts Rules of Professional Conduct iii Table of Contents INTRODUCTORY MATERIAL Preamble .. 1 Scope .. 3 Rule Terminology .. 6 CLIENT-LAWYER RELATIONSHIP Rule Competence .. 11 Rule Scope of Representation and Allocation of Authority Between Client and Lawyer .. 13 Rule Di ligence .. 17 Rule Communication .. 19 Rule Fees .. 22 Rule Confidentiality of Information .. 34 Rule Conflict of Interest: Current Clients .. 44 Rule Conflict of Interest: Current Clients: Specific Rules .. 55 Rule Duties to Former Clients .. 63 Rule Imputed Disqualification: General Rule .. 67 Rule Special Conflic ts of Interest for Former and Current Government Officers and Employees.
3 73 Rule Former Judge, Arbitrator, Mediator or Other Third-Party Neutral .. 77 Rule Organization as Client .. 79 Rule Client With Diminished Capacity .. 85 Rule Safekeeping Property .. 89 Rule Declining or Te rminating Representation .. 101 Rule Sale of Law Practice .. 105 Rule Duties to Prospective Client .. 109 COUNSELOR Rule Advisor .. 112 Rule Intermediary [Reserved] .. 114 Rule Evaluation for Use By Third Persons .. 115 Rule Lawyer Serving as Third-Party Neutral .. 118 Massachusetts Rules of Professional Conduct iv ADVOCATE Rule Meritorious Claims and Contentions .. 120 Rule Expediting Litigation .. 121 Rule Candor Toward the Tribunal .. 122 Rule Fairness to Opposing Party and Counsel.
4 129 Rule Impartiality and Decorum of the Tribunal .. 132 Rule Trial Publicity .. 134 Rule Lawyer as Witness .. 138 Rule Special Responsibilities of a Prosecutor .. 140 Rule Advocate in Nonadjudicative Proceedings .. 144 TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS Rule Truthfulness in Statements to Others .. 145 Rule Communication with Person Represented by Counsel .. 147 Rule Dealing with Unrepresented Person .. 149 Rule Respect for Rights of Third Persons .. 150 LAW FIRMS AND ASSOCIATIONS Rule Responsibilities of Partners, Managers and Supervisory Lawyers .. 152 Rule Responsibilities of a Subordinate Lawyer .. 155 Rule Responsibilities Regarding Nonlawyer Assistance.
5 156 Rule Professional Independence of a Lawyer .. 158 Rule Unauthorized Practice of Law; Multijurisdictional Practice of Law .. 160 Rule Restrictions on Right to Practice .. 166 Rule Responsibilities Regarding Law-Related Services .. 167 PUBLIC SERVICE Rule Voluntary Pro Bono Publico Service .. 170 Rule Accepting Appointments .. 173 Rule Membership in Legal Services 174 Rule Law Reform Activities Affecting Client Interests .. 175 Rule Nonprofit and court -Annexed Limited Legal Services Programs .. 176 Massachusetts Rules of Professional Conduct v INFORMATION ABOUT LEGAL SERVICES Rule Communications Concerning a Lawyer s Services .. 178 Rule Advertising .. 179 Rule Solicitation of Clients.
6 182 Rule Communication of Fields of Practice .. 185 Rule Firm Names and Letterheads .. 186 MAINTAINING THE INTEGRITY OF THE PROFESSION Rule Bar Admission and Disciplinary Matters .. 188 Rule Judicial and Legal 189 Rule Reporting Professional Misconduct .. 190 Rule Misconduct .. 192 Rule Disciplinary Authority; Choice of Law .. 194 Massachusetts Rules of Professional Conduct Preamble 1 INTRODUCTORY MATERIAL Preamble 1. A lawyer is a representative of clients, an officer of the legal system, and a pub-lic citizen having special responsibility for the quality of justice. 2. As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client s legal rights and obligations and explains their practical implications.
7 As advocate, a lawyer zealously asserts the client s position under the Rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. A lawyer acts as evaluator by examin-ing a client s legal affairs and reporting about them to the client or to others. 3. In all Professional functions a lawyer should be competent, prompt, and dili-gent. A lawyer should maintain communication with a client concerning the rep-resentation. A lawyer should keep in confidence information relating to repre-sentation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.
8 4. A lawyer s Conduct should conform to the requirements of the law, both in Professional service to clients and in the lawyer s business and personal affairs. A lawyer should use the law s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials. While it is a lawyer s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer s duty to uphold legal process. 5. As a public citizen, a lawyer should seek improvement of the law, the admin-istration of justice, and the quality of service rendered by the legal profession.
9 As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law, and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes per-sons who are not poor, cannot afford adequate legal assistance, and should there-fore devote Professional time and civic influence in their behalf. A lawyer should aid the legal profession in pursuing these objectives and should help the bar reg-ulate itself in the public interest. 6. Many of a lawyer s Professional responsibilities are prescribed in the Rules of Professional Conduct , as well as in substantive and procedural law.
10 However, a lawyer is also guided by personal conscience and the approbation of Professional peers. A lawyer should strive to attain the highest level of skill, to improve the Preamble Massachusetts Rules of Professional Conduct 2 law and the legal profession, and to exemplify the legal profession s ideals of public service. 7. A lawyer s responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a cli-ent and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.
