Adopted Date: | 09/25/2025 |
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Effective Date: | 08/01/2026 |
Updates: | Amended September 25, 2025 and effective August 1, 2026 |
- This page, Section 2: Definitions (Effective August 1, 2026), is offered by
- Massachusetts Supreme Judicial Court
- Trial Court Law Libraries
- Massachusetts Court System
Supreme Judicial Court Rules Section 2: Definitions (Effective August 1, 2026)
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Definitions
"Accredited law school" shall mean a law school that has been accredited by the American Bar Association or authorized by statute of the Commonwealth to grant the degree of Bachelor of Laws, Juris Doctor, or Master of Laws.
"Attorney(s) affiliated" with certain entities shall mean members of the Massachusetts bar or lawyers who have been permitted to appear as attorneys in Massachusetts and are at all times qualified to appear before the court or other forum in which the student practitioner will appear. Such attorneys must be employed by that entity or work under the auspices or authority of that entity, including assistant district attorneys, assistant attorneys general, attorneys assigned to represent indigent criminal defendants through the Committee for Public Counsel Services, attorneys providing free civil legal aid to indigent persons through a legal aid organization or law firm, or attorneys representing other Commonwealth entities.
"Certification" or "being certified" is the determination by the Clerk that a student practitioner is generally eligible to appear before a court, tribunal, or agency, subject to the further requirements of this rule for the respective courts, tribunals, or agencies.
"Clerk" shall refer to the Clerk of the Supreme Judicial Court for the county of Suffolk.
"Clinical programs" are law school programs for credit in which law students gain practical experience with clients and legal matters under the supervision of a member of the Massachusetts bar, or by a person who has been permitted to appear as an attorney in Massachusetts, and who is otherwise qualified to appear in the court or forum where the student practitioner will appear. Clinical programs shall include practice and classroom components that provide experiential learning opportunities for students to develop and practice the professional skills being taught.
"Commonwealth entity" shall mean public organizations such as district attorneys' offices and the attorney general's office, as well any subdivision or municipality or agency of the Commonwealth of Massachusetts.
"Dean" shall mean the dean of the law school or a designee who is authorized to act on behalf of the dean.
"Direct supervision" or "directly supervised" shall be construed to require the attendance of the supervising attorney, or another attorney affiliated with the same entity who is designated by the supervising attorney, with the student practitioner in a court, tribunal, or agency. Notwithstanding the provisions of this rule, a student practitioner may appear without direct supervision for ministerial tasks, such as the filing of paperwork or the selection of a further date.
"General supervision" or "generally supervised" shall be construed to require that the supervising attorney, or another attorney affiliated with the same entity who is designated by the supervising attorney, be available within a reasonable period of time telephonically or otherwise if needed but shall not require that the supervising attorney be present with the student practitioner in the court, tribunal, or agency.
"Student practitioner" is a currently enrolled law student or law school graduate who has been authorized and certified under the conditions set forth in this rule.
"Successfully completed" shall mean that the student has completed required coursework and has obtained credit or a passing grade for a class or program.
"Trial practice" is a law school class for credit in which a law student is taught procedural and substantive principles of law that enable the law student to advocate and present evidence effectively and ethically before a court or tribunal.
"Without compensation" shall be construed to prohibit the receipt of a fee by a student practitioner from a client for work on a particular matter and shall not be construed to prohibit the receipt of a fixed compensation paid regularly by a law school, Commonwealth entity, legal aid organization, or law firm as the employer of a student practitioner.
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Updates: | Amended September 25, 2025 and effective August 1, 2026 |
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