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Supreme Judicial Court's New Rules for Pro Bono Status
Effective on January 1, 2005
The
Supreme Judicial Court's rule facilitating pro bono work
by retired and inactive attorneys becomes effective on
January 1, 2005. Amendments to Supreme Judicial Court
Rule 4:02 allow attorneys who have opted for either inactive
or retired status to handle pro bono matters without
paying the registration fee required of active attorneys,
so long as the pro bono matter is handled under the auspices
of an approved legal services organization.
The
amended rule was proposed by the Court's Standing Committee
on Pro Bono Legal Services, chaired by Mary Ryan of Nutter
McClennen & Fish, LLP, and was supported by the Board
of Bar Overseers. The Court adopted the amendments on
July 21, 2004.
Supreme
Judicial Court Justice Francis X. Spina, the Court's
liaison to the Standing Committee, commented, "This rule
reflects the Court's and the Judiciary's long-standing
commitment to pro bono service. We are fully aware of
the enormous skills and talents of retired and inactive
attorneys. This rule will help bring this vast reservoir
of experience to our crucial mission of improving access
to justice."
Ms.
Ryan stated, "We are very excited about reaching out
to a new and important pool of pro bono attorneys. As
active attorneys reach retirement age, we hope that many
of them will continue to volunteer their services as
they have throughout their careers and this rule change
will make it easier for them to do so. Similarly, we
hope that attorneys who have taken a break from active
law practice, such as parents of young children, will
also be pro bono volunteers."
Any
retired or inactive attorney seeking to limit his or
her legal practice to pro bono legal services must file
an appropriate annual registration statement signed by
an authorized representative of the approved legal services
organization under whose auspices the attorney will provide
services. The form for registration for pro bono status
will be available on the Board of Bar Overseers website
or by calling the Board of Bar Overseers registration
department. Unless the Board of Bar Overseers objects,
the attorney may begin providing pro bono services after
filing such a statement. Approved legal services organizations
include a broad array of not-for-profit organizations
and programs.
Thirteen
other states and the District of Columbia have adopted
similar rules, and several other states are considering
this approach.
The
amended rule may be accessed on the Supreme Judicial
Court's website at http://www.mass.gov/courts/courtsandjudges/courts/supremejudicialcourt
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