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