Pro Hac Vice
The general practice is for a member of the Massachusetts Bar to file a motion on behalf of the out-of-state attorney with the clerk of the court in which the case is pending. See GL c.221 § 46A
Pro Hac Vice Registration Fee
As of September 4, 2012, SJC Rule 3:15 requires that prior to filing a motion to have out-of-state counsel admitted pro hac vice in the Supreme Judicial Court, out-of-state counsel must pay a non-refundable pro hac vice registration fee of $301 per case to the Board of Bar Overseers (Board), except when counsel is providing pro bono publico legal assistance to an indigent client. In the latter situation, the pro hac vice fee is waived. For information as to the Board's procedures for payment of the fee and FAQs, see the Board's website.
Where counsel has paid the appropriate registration fee in the trial court ($301 per case in the Superior Court or Land Court, and $101 per case in any other court, including the Appellate Division of the District Court and the Boston Municipal Court), and the case is appealed, no additional fee need be paid. Within seven days of receipt of payment of the registration fee, the Board will send an acknowledgment to the attorney seeking admission.
The motion for pro hac vice admission in the Supreme Judicial Court 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.
After payment of the registration fee to the Board, if the motion for pro hac vice admission is not filed with the Supreme Judicial Court, or is denied by the Court, the fee is non-refundable.