1. Each attorney not admitted to practice in this Commonwealth who seeks to be admitted pro hac vice in the Superior Court, Land Court, or any appellate court (not including the Appellate Division of the District Court or of the Boston Municipal Court) shall pay a non-refundable pro hac vice registration fee of $301 per case to the Board of Bar Overseers (Board), except when the attorney is providing pro bono publico legal assistance to an indigent client. Each attorney not admitted to practice in this Commonwealth who seeks to be admitted pro hac vice in any other court shall pay a non-refundable pro hac vice registration fee of $101 per case to the Board, except when the attorney is providing pro bono publico legal assistance to an indigent client. For purposes of this Rule, a case shall include an appeal. However, where an attorney has paid the appropriate registration fee of $301 or $101 and the case is removed, transferred, appealed or further appellate review is sought, no additional fee need be paid. Only individual attorneys, not law firms, may seek such admission.
A. Payment may be made by check, money order or online pursuant to policies established by the Board.
B. Payment will be accompanied by a form prescribed by the Board including at least the following information:
(1) The name, business address, telephone number, email address and attorney license number and states in which the attorney is licensed;
(2) The court in which the motion for pro hac vice admission is to be made, the name of the party to be represented, and the docket number if it is known; and
(3) a statement, made under the penalties of perjury, that the attorney is admitted to practice and in good standing in every jurisdiction where the attorney is admitted, and an acknowledgment that the attorney is subject to discipline by the Supreme Judicial Court and the Board.
C. Within seven days of receipt of a pro hac vice registration fee the Board will send an acknowledgment to the attorney seeking admission.
D. An attorney who is exempt from paying a registration fee because the attorney will provide pro bono publico legal assistance to an indigent client must complete and submit to the Board the form required by paragraph B, along with a statement that the attorney will be providing services pro bono publico to an indigent client.
2. Motions to a court for admission pro hac vice shall be made by a member of the bar of the Commonwealth of Massachusetts and must aver that the registration fee required by Rule 3:15 has been paid or include, as an attachment, a copy of the Board acknowledgment. An attorney who is exempt from paying a registration fee because the attorney will provide pro bono publico legal assistance to an indigent client must aver that the attorney will provide such assistance.
3. The Board may retain a portion of each pro hac vice registration fee to cover its costs in administering the fee and will pay the balance to the IOLTA Committee on a quarterly basis. The IOLTA Committee shall disburse the fees in the same manner as other IOLTA funds are disbursed in accordance with Rule 1.15(g)(4) and (5 ) of Rule 3:07, Massachusetts Rules of Professional Conduct.
Added April 12, 2012, effective September 4, 2012.