MCAD Guidance for Out-of-State Attorneys

Guidance for Out-of-State Attorneys practicing before the MA Commission Against Discrimination (MCAD).

Guidance for Out-of-State Attorneys (Pro Hac Vice)

Attorneys representing clients at the MCAD at any stage in the MCAD process must be admitted to the Massachusetts bar or admitted via motion pro hac vice under 804 CMR 1.15(10) (2020).

During the investigation, if an out-of-state attorney for a party (without a MA bar license) is not admitted pro hac vice, the Commission may recognize them in the lesser capacity of duly authorized representative (DAR), although pre-determination discovery is prohibited.  See, 804 CMR 1.05 (13) (2020).

After probable cause, an out-of-state attorney may not represent a party without being admitted pro hac vice.  Therefore, any pre-determination DAR designation expires upon a determination of probable cause.