Notice Inviting Comment on Proposed Revisions to the Rules of Professional Conduct (SJC Rule 3:07)

The SJC Standing Advisory Committee on the Rules of Professional Conduct solicits comments on proposed amendments by March 26, 2021.

The Supreme Judicial Court's Standing Advisory Committee on the Rules of Professional Conduct ("Committee") invites public comments on the following proposed revisions to the Massachusetts Rules of Professional Conduct:

1. Amendments to Rules 3.4 and 4.4 and Comments to Rules 1.2, 3.4, 4.4 and 5.1 relating to harassment, discrimination and maintaining competence and compliance with the Rules.
2. Amendments to Rules 1.0 and 1.8 and to Comments to Rules 1.7 and 1.8 on sexual relations with clients.
3. Amendments to Rules 7.1 through 7.5 (lawyer advertising) to adopt some changes adopted by the American Bar Association (the “ABA”) in its Model Rules of Professional Conduct (the “ABA Model Rules”).
4. Amendments to the Preamble and Scope to the Rules and Comment 3 to Rule 1.6 to adopt some changes adopted by the ABA in the Preamble and Scope to the ABA Model Rules.
5. Amendments to Rule 1.15A on client files to clarify and add certain requirements.
6. Amendments to Rules 1.0 and 1.6 and Comment 3A to Rule 1.6 to move the definition of the term “confidential information” from Comment 3A to Rule 1.6(a).

The following documents are available for review at the links below:

• The Report of the Committee containing explanations of the six sets of proposed revisions.
• Appendix A to the Report showing each of the proposed sets of revisions to the Rules.
• Appendix B to the Report showing the proposed revisions to the Rules marked for changes from the corresponding current Massachusetts Rules and where applicable marked for changes from the corresponding ABA Model Rules.

The Committee will make its recommendations to the Justices of the Supreme Judicial Court following receipt and review of public comments. Comments are due by March 26, 2021 (please note that this is an extension of the previous deadline of February 1, 2021), and should be directed to The Standing Advisory Committee on the Rules of Professional Conduct, c/o Chip Phinney, Deputy Legal Counsel, Supreme Judicial Court, John Adams Courthouse, One Pemberton Square, Boston MA 02108. Comments may also be sent by email to [e-mail]. Comments received will be made available to the public.