An out-of-state attorney who is not admitted to the Massachusetts bar may seek admission pro hac vice (Latin: “for this occasion”) to participate in a particular case before the Appeals Court. Pro hac vice admission is granted by the court on motion, supported by an affidavit from the out-of-state attorney and evidence that the registration fee has been paid to the Board of Bar Overseers (or that the attorney is exempt because the case is pro bono publico). 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 where the case is pending. See G. L. c. 221, § 46A.
Importantly, the trial court's allowance of a pro hac vice motion does not qualify the out-of-state counsel to file papers with the Appeals Court. A motion to have out-of-state counsel admitted pro hac vice must be filed in the Massachusetts Appeals Court after, or simultaneous to, the entry of the appeal and before out-of-state counsel seeks to file any papers. This motion must be filed by local Massachusetts counsel and be accompanied by an affidavit from out-of state counsel setting forth facts sufficient to satisfy the statutory and case law guidelines for the exercise of judicial discretion in ruling on these motions. See G. L. c. 221, § 46A; DiLuzio v. United Elec., Radio and Mach. Workers of America, Local 274, 391 Mass. 211 (1984). Finally, as detailed below, the motion must be supported by evidence that the registration fee required by SJC Rule 3:15 has been paid, or that counsel is exempt from paying the fee because counsel will provide pro bono publico legal assistance to an indigent client.
Step-by-step procedure
Pro hac vice admission in the Appeals Court involves four steps. Steps 1 and 2 must be completed before any motion is filed.
Step 1: Confirm that local Massachusetts counsel will file the motion
The motion to admit out-of-state counsel pro hac vice must be filed by a member of the Massachusetts bar (“local counsel”), not by the out-of-state attorney directly. Local counsel must remain associated with the case while the out-of-state attorney is participating.
Step 2: Pay the registration fee to the Board of Bar Overseers
Before the motion is filed, out-of-state counsel must pay a non-refundable registration fee to the Board of Bar Overseers (BBO), unless the case is pro bono publico (see “Registration fee” below). Within seven days of receiving payment, the BBO will send an acknowledgment to the attorney.
Where the appropriate registration fee was already paid in the trial court for the same case, no additional fee is required when the case is appealed to the Appeals Court.
Step 3: Prepare the motion and supporting affidavit
The motion must:
- Be filed by local Massachusetts counsel, not the out-of-state attorney.
- Be filed after, or simultaneously with, the entry of the appeal in the Appeals Court.
- Be filed before the out-of-state attorney attempts to file any papers in the case.
The motion must be accompanied by an affidavit from the out-of-state attorney setting forth facts sufficient to satisfy the statutory and case law guidelines for the exercise of judicial discretion in ruling on these motions.
See G. L. c. 221, § 46A (Massachusetts statute authorizing pro hac vice admission). See also DiLuzio v. United Elec., Radio and Mach. Workers of America, Local 274, 391 Mass. 211 (1984) (setting forth factors for the court’s discretion: the attorney’s qualifications, character, and experience; whether disciplinary proceedings are pending against the attorney; and similar considerations).
Step 4: Aver fee payment, or attach the BBO acknowledgment
The motion must aver that the registration fee required by SJC Rule 3:15 has been paid, or include a copy of the BBO acknowledgment as an attachment. An attorney exempt from paying a registration fee because the attorney will provide pro bono publico legal assistance to an indigent client must aver in the motion that the attorney will provide such assistance.
Registration fee
Fee amount by court
As of January 1, 2019, SJC Rule 3:15 requires that, before filing a motion to admit out-of-state counsel pro hac vice, out-of-state counsel pay a non-refundable registration fee to the Board of Bar Overseers in the following amount:
- $355 per case in the Appeals Court.
The fee is non-refundable. If the motion for pro hac vice admission is not filed with the court or is denied, the fee is not returned.
Where an attorney has paid the appropriate registration fee in one court and the case is removed, transferred, appealed, or further appellate review is sought, no additional fee is required.
Pro bono publico exemption
The pro hac vice registration fee may be waived when out-of-state counsel will provide pro bono publico legal assistance to an indigent client. See SJC Rule 3:15.
To claim the exemption:
- Do not pay the BBO registration fee.
- File the BBO’s pro bono attestation form, certifying that the attorney will provide pro bono services for an indigent client.
- In the motion for pro hac vice admission, aver that the attorney will provide pro bono legal assistance to the indigent client.
For BBO procedures and frequently asked questions, including the pro bono attestation form, see the BBO’s pro hac vice page.
Form of payment
Payment may be made by check or money order made payable to the Board of Bar Overseers. Online payment is not currently available. Handwritten, annotated, scanned, or otherwise modified BBO forms will be returned.
Who may seek admission
Only individual attorneys, not law firms, may seek pro hac vice admission. The fee and the motion must be tied to a specific attorney appearing in a specific case.
Where to file and contacts
Filing the motion
The motion to admit out-of-state counsel pro hac vice in the Appeals Court is filed with the Appeals Court Clerk’s Office. Where mandatory e-filing applies under M.A.C. Rule 13.0, the motion must be e-filed through eFileMA.com by local Massachusetts counsel.
For e-filing instructions, see the Electronic filing at the Appeals Court guide.
Appeals Court Clerk’s Office
Phone: (617) 725-8106.
Address: Appeals Court Clerk’s Office, John Adams Courthouse, One Pemberton Square, Suite 1200, Boston, MA 02108.
Note: the Clerk’s Office does not respond to email inquiries. If you have questions concerning appellate procedure or a case, call the telephone number above.
Board of Bar Overseers
Board of Bar Overseers (massbbo.org)
The BBO administers the pro hac vice registration fee and issues the acknowledgment that must accompany or be averred in the motion.
Governing rules and statutes
- G. L. c. 221, § 46A — Massachusetts statute authorizing the practice of law in Massachusetts by attorneys not admitted to the Massachusetts bar, on motion by Massachusetts counsel.
- S.J.C. Rule 3:15 (Pro hac vice registration fee) — Effective January 1, 2019. Sets the registration fee structure ($355 for the Superior Court and Land Court; $101 for any other court including the Appeals Court) and the pro bono publico exemption.
- DiLuzio v. United Elec., Radio and Mach. Workers of America, Local 274, 391 Mass. 211 (1984) — Sets forth the factors a Massachusetts court considers in exercising its discretion to grant or deny pro hac vice admission.
Contact
Phone
NOTE: The Clerk's Office does not respond to email inquiries. If you have questions concerning appellate procedure or a case, please call the telephone number above.