- Massachusetts Supreme Judicial Court
Media Contact for Supreme Judicial Court Repeals Rule 3:16 Requiring Newly Admitted Lawyers to Complete Practicing with Professionalism Course
Jennifer Donahue and Erika Gully-Santiago
BOSTON, MA — The Supreme Judicial Court (SJC) has issued an order repealing SJC Rule 3:16, effective August 14, 2024, thereby removing the requirement that all persons admitted to the bar of the Commonwealth complete a mandatory Practicing with Professionalism Course within eighteen months of admission.
Rule 3:16 was adopted in 2013 to help new attorneys address issues that can generate complaints to the Board of Bar Overseers. Overseen by the Court’s Standing Advisory Committee on Professionalism, the Practicing with Professionalism Course evolved over the years to better address newly admitted attorneys’ needs. Initially offered as a full-day, in-person program, the course was offered as a half-day virtual program beginning in 2020. Course topics included the importance of developing and maintaining relationships; connecting with the legal community, including through pro bono service and bar associations; tools and resources to support professional well-being; and recognizing and addressing implicit or unconscious bias.
The decision to repeal the rule recognizes that the important topics the course addressed are now being addressed in new ways and the Commonwealth’s attorneys have access to information and resources that were not as readily available when the course was conceived. Among other developments, the American Bar Association adopted new Standards for Legal Education, Standards 303(b)(3) and 303(c), which require ABA-accredited law schools to provide opportunities for students to develop a “professional identity” and education on “bias, cross-cultural competency, and racism” at multiple points throughout students’ legal education. Amendments to the Massachusetts Rules of Professional Conduct implemented in 2022 emphasized civility and introduced provisions to address professional well-being. In addition, the Court’s Standing Committee on Lawyer Well-Being has embraced in its own strategic priorities many of the goals of the course, including emphasizing civility and connection among members of the bar, increasing awareness of lawyer well-being resources, and improving diversity, equity, and inclusion in the profession.
Against this evolved legal landscape, the Court has concluded that a mandatory course is no longer the best way to help newly admitted attorneys transition into the practice of law and to welcome them to the bar of the Commonwealth.
The Court’s order repealing Rule 3:16 also modifies the requirements for reinstatement for those attorneys otherwise in good standing who have been suspended for failure to comply with this rule of Court.
“The Court is grateful to the members of the Standing Advisory Committee on Professionalism and to the course providers - the Boston Bar Association, the Massachusetts Bar Association, Massachusetts Continuing Legal Education, and the Greater Lynn Bar Association - who worked diligently and collaboratively over the years to develop, deliver, and continuously improve the Practicing with Professionalism Course,” Supreme Judicial Court Chief Justice Kimberly S. Budd said.
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