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Proposed Amendments to the Rules of Professional Conduct (SJC Rule 3:07)

The Supreme Judicial Court's Standing Advisory Committee on the Rules of Professional Conduct has extended the comment period to November 22, 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 1.15 and 1.15A and related comments, implementing the decision of the court in Matter of ‎Olchowski, 485 Mass. 807 (2020) relating to IOLTA Accounts for which the beneficial owner cannot be identified or located.
  2. Amendments to Rule 1.8(e) and related comments incorporating a limited exception to the general prohibition on providing financial assistance to clients when representing a client pro bono publico.

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

  • A summary of the amendments to Rules 1.15 and 1.15A and related comments together with the proposed amendments and a copy of the proposed amendments marked to show the changes from current Massachusetts Rules 1.15 and 1.15A and related comments.
  • A summary of the amendment to Rule 1.8(e) and related comments together with the proposed amendments, and copies of the amendments marked to show changes from the corresponding current Massachusetts Rule and comments, and marked to show changes from the corresponding ABA Model Rule and comments.

The Committee will make its recommendations to the Justices of the Supreme Judicial Court following receipt and review of public comments. Please note that the comment period has been extended and comments are now due by November 22, 2021. Comments 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 chip.phinney@jud.state.ma.us. Comments received will be made available to the public. 

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