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Bar Overseer Articles

(Click here for ethical FAQs.)

[Subject]

*Click on column headings to sort by Date or Subject.
Article Name Author/Month/Year Subject Primary Rule
"Brave New World Wide Web: Ethics Issues And On-Line Legal Services"

by Constance V. Vecchione
September 2000

Advertising 7.1

"Tangled Web: Advertising, Solicitation, Ethics, And The Internet"

by Constance V. Vecchione
January 1999
Advertising 7.1
"Rules Of Engagement: Limitations On Lawyers’ Solicitation Of Clients"

by Nancy Kaufman
November 2001

Advertising 7.3
"The OF COUNSEL Relationship"

By Nancy Kaufman
October 2000

Advertising 7.5

"Space-Sharers, Beware!: Amendments To Comments To Mass. R. Prof. C. 7.5"

by Daniel C. Crane and John W. Marshall
January 2000
Advertising 7.5

"Advertise This - Changes To The Disciplinary Rules On Advertising And Solicitation"

by Constance V. Vecchione
November 1999
Advertising 7.5
"Pick Me! Pick Me! Pick Me!"
(An Advertising And Solicitation Update)

by Sarah A. Chambers
March 2005

Advertising 7.5
"TALKING TRASH RECYCLED (AGAIN): Guidelines for Retention and Destruction of Client Files"

by Constance V. Vecchione
March 2014

Client files 1.15
"Talking Trash - Recycled: Disposing Of Closed Client Files"

by Daniel C. Crane
September 2001

Client files 1.15
"It's Not Over ’Til It's Over - Part II: Obligation Of Criminal Defense Counsel To Return Client Files"

by Anne Kaufman
June 2003

Client files 1.16(e)

"The Ex-Files; Disputes Over The Return Of Clients’ Files"

by Constance V. Vecchione
September 1998
Client files 1.16(e)
"Using and Abusing A General Power of Attorney"

by Christa A. Arcos
December 2002

Communication with Clients 1.2(a)
"Make-up Time - Working With The Client Who's Reported You"

by Alice L. Hageman and Ellen M. Meagher
May 1998

Communication with Clients 1.3
"Making Contact: The Trouble With Interpreting Rule 4.2"

by Jane Rabe
July 2002

Communication with non-clients 4.2
"Can We Talk: Communicating With Unrepresented Persons"

by Nancy Kaufman
November 2003

Communication with non-clients 4.3
"LOSS OF LICENSE: Rules Governing Suspension or Disbarment"

by Dorothy Anderson
February 2010

Compliance post-suspension or disbarment 4:01§17
"Death And Confidentiality"

by Roger Geller and Susan Strauss Weisberg
February 2004

Confidentiality 1.6
"Client Secrets: Going Public With 'Public' Information"

by Kenneth W. Luke
May 2002

Confidentiality 1.6

"Maintaining Confidentiality When Withdrawing From Representation"

by Constance V. Vecchione
February 1998
Confidentiality 1.6
"What’s Confidential When There Is Joint Representation"

by Daniel C. Crane
July 2004

Confidentiality 1.7(b)

"Spin Control And The Ethical Rules: When The Press Comes Knocking, Should You Be Talking?"

by Arnold R. Rosenfeld
December 1998
Confidentiality 3.6
"Subpoena Savvy: What To Do When Your Client’s File Is Subpoenaed"

by Linda G. Bauer
November 2002

Confidentiality 1.6
"When Your Client Sues You, Are Your Lips Still Sealed?"

by Dorothy Anderson
September 2003

Confidentiality 1.6(b)(2

"Public Secrets And Public Interest: Government Lawyers, Confidences And Conflicts"

by Cathleen Cavell
September 1999
Confidentiality 1.13
"The Worst-Laid Plans:
What Do I Do When Privileged Material Reaches Me By Mistake?"

by Terence M. Troyer
October 2004

Confidentiality 1.15(a)
"Conflicts, Competence And Confidentiality In Will Drafting"

by John W. Marshall
December 2005

Conflicts 1.8
"Getting Too Close To A Closely Held Corporation: Conflicts Of Interest In Representing Small Businesses

by Bruce T. Eisenhut
June 1998

Conflicts 1.8
"Corporate Conflicts"

by John W. Marshall
December 2001

Conflicts 1.13
"Wearing Two Hats: Dual Practices And Ancillary Businesses"

by Christa A. Arcos
December 2003

Conflicts 5.7
"SIDEWAYS: Lateral Hires and Conflicts of Interest"

by Constance V. Vecchione
March 2006

Conflicts 1.10
"Conflicts In Cross-Examination"

by John W. Marshall
April 2004

Conflicts 1.7
"Oh Please Release Me, Let Me Go: Ethics Issues In Obtaining Malpractice Releases From Clients"

by Jane Rabe
July/August 2001

Conflicts 1.8
"More On Taking Stock"

by Bruce T. Eisenhut
July 2011

Conflicts 1.8(a)
"Where There's A Will...: Personal Conflicts Of Interest In Drafting Wills"

by Nancy Kaufman
April 2001

Conflicts 1.8(c)
"Aggregate Settlements"

by Nancy Kaufman
July 2006

Conflicts 1.8(g)

"Lawyers In Love: Conflicts Of Interest And Personal Relationships Between Lawyer"

by Constance V. Vecchione
February 2000
Conflicts 1.8(i)
"Conflicts And The Prospective Client"

by Roger Geller and Susan Strauss Weisberg
April 2003

Conflicts 1.9
"Closely Held Conflicts"

by John W. Marshall
July 2003

Conflicts 1.13
"Neither A Borrower, Nor A Lender Be: Prohibitions On Financial Assistance To Clients"

by Alice L. Hageman
December 2000

Conflicts 1.8(e)
"It's Not Over ’Til It's Over - Part I: Post Conviction Obligations Of Criminal Defense Counsel"

by Ellen M. Meagher
May 2003

Criminal Law 1.3

"Getting Defensive: Ethical Obligations Of Criminal Defense Counsel"

by Arnold R. Rosenfeld
April 1999
Criminal law 1.6
"False Testimony By A Defendant In A Criminal Case: What Do You Know And When Do You Know It?"

by Jane Rabe
June 2004

Criminal law 3.3(e)

"Fitness For The Prosecution: Ethical Obligations Of Criminal Prosecutors"

by Arnold R. Rosenfeld
March 1999
Criminal law 3.8
"What’s In A Statement? Truth And Accuracy In Preparing And Executing Sworn Documents"

by Christa A. Arcos
December 2004

Dishonesty 3.3(a)(1)

"Consequences Of A Lawyer’s Criminal Conviction"

by Nancy Kaufman
March 2000
Dishonesty 8.4

"Much Ado About Notarizing: Bar Discipline For Improper Notarizations"

by Constance V. Vecchione
March 1998
Dishonesty 8.4(c)

"Up Close And Personal: Ethics And The Lawyer-Litigant"

by Roger Geller and Susan Strauss Weisberg
August 1999
Dishonesty 8.4(h)
"How to Comply with the Rules of Professional Conduct While Probating an Estate"

by Dorothy Anderson
July 2012

Estate Administration 1.15
"FAQs: Mass. R. Prof. C. 1.5(b) and Written Fee Arrangements"

by Constance V. Vecchione
April 2013

Fees 1.5
"Write It Up, Write It Down: Amendments to Mass. R. Prof. C. 1.5 Require Fee Arrangements to be in Writing"

by Constance V. Vecchione
November 2012

Fees 1.5
"The Ethics Of Charging And Collecting Fees"

by Nancy Kaufman and Constance V. Vecchione
November 2012

Fees 1.5
"FEES AND FEASIBILITY: Amendments To Mass. R. Prof. C. 1.5 on Fees"

by Constance V. Vecchione
March 2011

Fees 1.5
"I’ve Done The Work. Will I Get Paid?"

by Ellen M. Meagher
June 2002

Fees 1.5
"Don’t ‘Take The Money And Run’: Lawyer Has A Duty To Return Unearned Fees, Even When Labelled 'Non-Refundable.'"

by Robert Warner
March 2002

Fees 1.5
"At What Cost, Payment?"
Or "Possession Is Not Nine-Tenths Of Your Ethical Obligations"

by Dorothy Anderson
January 2005

Fees 1.15
"No Easy Credit: Ethics Issues In Accepting Legal Fee Payments By Credit Card"

by Constance V. Vecchione
October 2001

Fees 1.15
"Why Not Arbitrate Fee Disputes?"

by Kenneth Luke and Alison Mills Cloutier
April 2005

Fees 1.5
"Limited Assistance Representation"

by Sarah A. Chambers
April 2014

General 1.2(c)
"2013: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2014

General NA
"2012: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2013

General NA
"2011: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2012

General NA
"2010: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2011

General NA
"2009: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2010

General NA
"2008: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2009

General NA
"2007: The Year in Ethics and Bar Discipline"

by Constance V. Vecchione
January 2008

General NA
"Past Is Prologue: A Short History Of The Bar Discipline System In Massachusetts"

by Constance V. Vecchione
April 2007

General NA

"An Ounce Of Inspiration: Pro Bono Service And Mass. R. Prof. C. 6.1"

by Bruce T. Eisenhut
December 1999
General 6.1
"Dues And Dont's: Failure To Pay Dues Or Respond To Inquiries From Bar Counsel Can Lead To Suspension"

by Roger Geller and Susan Strauss Weisberg
January 2002

General 8.4(g)
"Myths And Realities: Correcting Misperceptions About The Office Of The Bar Counsel"

by Arnold Rosenfeld
July 1998

General 8.4(g)
"Please Please Me: Voluntary Civility Standards For Lawyers"

by Cathleen Cavell
February 2001

General 8.4(h)
"The Future For Lawyer Discipline"

by Daniel C. Crane
May 2005

General NA
"Five Years Of ACAP"

by Anne Kaufman
November 2004

General NA
"That Was The Year That Was: Noteworthy Decisions On Ethics And Bar Discipline In 2003"

by Constance V. Vecchione and John W. Marshall
January 2004

General NA

"The New Kid On The Block: Introducing The New Bar Counsel"

by Daniel C. Crane
October 1999
General NA

"A BBO Primer"

by Arnold R. Rosenfeld
November 1997
General NA
"Reporting Professional Misconduct"

by Nancy Kaufman
September 2004

General 8.3
"Representing Clients With Diminished Capacity"

by Constance V. Vecchione
July 2009

Incapacity – Client 1.14
"Ethical Issues For Elder Law Attorneys"

by Linda G. Bauer
August 2004

Incapacity – Client 1.14
"When A Colleague Becomes Impaired:
Obligations Of Lawyers And Law Firms As To Incapacitated Partners Or Associates"

by Ellen M. Meagher
February 2005

Incapacity – Lawyer 1.16(a)(2)
"The Best-Laid Plans - Lawyers Duty Includes Preparing Their Practices for Incapacity"

by Jane Rabe
June 2000

Incapacity – Lawyer 1.16(e)
"Picking Up The Pieces After The Death Or Disability Of A Lawyer

by Terence M. Troyer
February 2002

Incapacity – Lawyer 4:01§14
"Writing And 'Rithmetic: Lessons From ACAP In How To Avoid Complaints To The BBO"

by Anne Kaufman
April 2002

Law office management 1.4
"Exit Strategy for Lawyers: How To Close A Law Practice When Retiring Or Changing Careers"

by Daniel C. Crane
October 2002

Law office management 1.16(b)

"Thy Brother’s Keeper -- New Rules Governing Oversight In A Law Firm"

by Constance V. Vecchione
February 1999
Law office management 5.1

"Hiring The Disbarred Or Suspended Lawyer, Even For Non-Legal Work, Prohibited"

by Nancy Kaufman
November 1998
Law office management 5.5
"An Ounce Of Prevention:
Fundamentals Of An Ethics Program For Small And Solo Practices"

by Constance V. Vecchione
September 2002

Law office management NA
"ACAPital Year: Report On Bar Counsel’s Attorney & Consumer Assistance Program"

by Anne Kaufman
November 2000

Law office management NA

"Bar Counsel’s New Attorney Cnd Consumer Assistance Program"

by Anne Kaufman
June 1999
Law office management NA
"Practicing With Nonlawyer Assistants"

by Ken Luke
March 2003

Law office management 5.3
"Missing In Action: What To Do When You Can't Find Your Client" by Linda Bauer
May 2000
Litigation 1.2
"Lies My Client Told Me: Ethics Issues When A Client Makes A Misrepresentation"

by Roger Geller and Susan Strauss Weisberg
January 2001

Litigation 3.3
"What Can I Say...What Can I Do?: Post-Verdict Contact With Jurors"

by Bob Warner
June 2001

Litigation 3.5(d)
"The Eve Of Destruction: Lawyers, Clients And Spoliation Of Evidence"

by Constance V. Vecchione
October 2003

Litigation 3.4
"New Standards Clamp Down On Incompetence And Neglect"

by Arnold R. Rosenfeld
January 1998

Neglect 1.3
"BEARING WITNESS: REBA v. NREIS and Witness-Only Closings"

by Bruce T. Eisenhut
May 2013

Real Estate 5.5(a)
"Record Time: Countdown To The New Rule On Trust Accounting"

by Daniel C. Crane
May 2004

Trust accounting 1.15
"Records For Other People's Money"

by Daniel C. Crane
October 2003

Trust accounting 1.15
"Lost and found - What To Do With Missing Client's Funds"

by Bruce T. Eisenhut
January 2003

Trust accounting 1.15
"Clients' Funds - No Casual Matter"

by Daniel C. Crane
July 2000

Trust accounting 1.15

"More Dishonored In The Breach: Bounced Checks And Bad Bookkeeping"

by Constance Vecchione
May 1999
Trust accounting 1.15(f)

"Working With Client's Trust Accounts"

by Constance V. Vecchione
December 1997
Trust accounting 1.15
"And Now It's Time For You To Go: Rules On Withdrawal From Representation"

by Ellen M. Meagher
March 2001

Withdrawal 1.16
"Fifty Ways To Leave Your Law Firm: Obligations When Departing From A Law Firm"

by Roger Geller and Susan Weisberg
April 2000

Withdrawal 1.16(a)(3)



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