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NOTICE  

Proposed New Supreme Judicial Court Rule 3:16: 
Practicing with Professionalism Course for New Lawyers

              In 2011, on the joint recommendation of the Board of Bar Examiners and the Board of Bar Overseers, the Justices of the Supreme Judicial Court appointed a Working Group to consider how to help new lawyers deal with difficult issues that can generate complaints to the Board of Bar Overseers.  The Justices asked the Working Group to consider whether requiring an education program for newly-admitted Massachusetts lawyers would help these lawyers. Representatives from the Board of Bar Examiners, the Office of Bar Counsel, the Board of Bar Overseers, bar associations, legal education providers, and Massachusetts law schools were appointed to the Working Group, which was chaired by retired Superior Court Justice Nonnie S. Burnes.          

            The Working Group has recommended that there be a required education course for newly-admitted lawyers.  A substantial section of this course would address issues of law office management. Other topics would include professionalism and civility, professional ethics, the bar discipline system, managing the attorney-client relationship, do's and don'ts of social media, the availability of mentoring and continuing legal education, an introduction to general and affinity bar associations, and the importance and availability of pro bono opportunities. 

            To implement this program, the Working Group recommended a new Supreme Judicial Court rule, S.J.C. Rule 3:16, Practicing with Professionalism Course for New Lawyers.

            Proposed Rule 3:16 would require all persons newly-admitted to the Massachusetts Bar to complete a one-day, in-person mandatory Practicing with Professionalism Course within 18 months of admission.  The proposed Rule anticipates that the course curriculum would be subject to standards issued by the Supreme Judicial Court or its designee, and that providers (e.g. continuing legal education providers, bar associations, law schools) would be approved by the Supreme Judicial Court or its designee.  Fees for the course would be approved by the Supreme Judicial Court.The proposed Rule includes sanctions for noncompliance.

            The Justices agreed with the recommendations of the Working Group regarding the required course, approved proposed Rule 3:16 for publication for comment, and welcome all comments pertaining to the rule.  Comments should be directed to Attorney Barbara Berenson at barbara.berenson@sjc.state.ma.us or at the Supreme Judicial Court, John Adams Courthouse, One Pemberton Square , Boston MA 02108 on or before August 24, 2012.  

Text of proposed new Rule 3:16