Table Of Content

Digitized by the Internet Archive 2014 in https://archive.org/details/massachusettsrul00mass_1 COMMONWEALTH OF MASSACHUSETTS At the Supreme Judicial Court holden at Boston within and for said Commonwealth on the ninth day of June, in the year of our Lord one thousand nine hundred and ninety-seven: present, HON. HERBERT P. WILKINS, Chief Justice GOVERNMENT DOGUMEN'i HON. RUTH ABRAMS I. COLLECTION HON. NEIL L. LYNCH Justices FEB 0 3 1998 HON. FRANCIS O'CONNOR P. Massachusetts Univ-c.sity of Cpy Depository HON. JOHN M. GREANEY HON. CHARLES FRIED HON. MARGARET H. MARSHALL ORDERED: That Chapters One, Three, and Four ofthe Rules of the Supreme Judicial Court are hereby amended as follows: Rule 1:01: By inserting in the last paragraph of said rule the new last sentence attached hereto; Rule 3:05: By striking out said rule; Rule 3:07: By striking out said rule and inserting in lieu thereof the new Rule 3:07 (Massachusetts Rules of Professional Conduct and Comments) attached hereto; Rule 3:08: By striking out the following: (1) the last sentence of PF 1; (2) PF 6; (3) PF 7(a); (4) PF 15; (5) the last sentence of DF 1; and (6) DF 13(b); Rule 4:01, Section 3(1)*: By striking out the words "Canons of Ethics and Disciplinary Rules Regulating the Practice of Law" and inserting in lieu thereof the following words: - Massachusetts Rules of Professional Conduct; Rule 4:07: By striking out Section 5 of said rule and inserting in lieu thereof the new Section 5 attached hereto. The practice of law by members of the Massachusetts Bar shall be regulated by the Massachusetts Rules of Professional Conduct (Rule 3:07) attached hereto. Rule 3:07 shall take effect on January 1, 1998 and shall apply only to conduct which occurs on or after said date. * Version effective July 1, 1997. -2- The amendments accomplished by this order shall take effect on January 1, 1998. HERBERT P. wilkins Chief Justice RUTH I. ABRAMS NEIL L. LYNCH FRANCIS P. O'CONNOR Justices JOHN M. GREANEY CHARLES FRIED MARGARET H. MARSHALL -3- Rule 1:01 [Last sentence] To the extent of any conflict between the Massachusetts Rules of Professional Conduct (Rule 3:07) and Disciplinary Rules Applicable to Practice as a Prosecutor or as a Defense Lawyer (Rule 3:08), the Rules of Professional Conduct shall govern. RULE 3:07 MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT TABLE OF CONTENTS [This Table of Contents is for convenience of reference and is not part of the Massachusetts Rules of Professional Conduct or the order adopting such rules.] PREAMBLE AND SCOPE PREAMBLE: A LAWYER'S RESPONSIBILITIES 5 SCOPE 6 CLIENT-LAWYER RELATIONSHIP RULE COMPETENCE 1.1 8 RULE SCOPE OF REPRESENTATION 1.2 10 RULE DILIGENCE 1.3 12 RULE COMMUNICATION 1.4 13 RULE 1.5 FEES 14 RULE CONFIDENTIALITY OF INFORMATION 1.6 19 RULE 1.7 CONFLICT OF INTEREST: GENERAL RULE 26 RULE 1.8 CONFLICT OF INTEREST: PROHIBITED TRANSACTIONS .... 32 RULE 1.9 CONFLICT OF INTEREST: FORMER CLIENT 35 RULE 1.10 IMPUTED DISQUALIFICATION: GENERAL RULE 38 RULE 1.11 SUCCESSIVE GOVERNMENT AND PRIVATE EMPLOYMENT 42 RULE FORMER JUDGE OR ARBITRATOR 1 12 45 . RULE 1.13 ORGANIZATION AS CLIENT 46 RULE 1.14 CLIENT UNDER A DISABILITY 49 RULE SAFEKEEPING PROPERTY 1.15 51 RULE 1.16 DECLINING OR TERMINATING REPRESENTATION 56 RULE 1.17 SALE OF LAW PRACTICE 59 COUNSELOR RULE 2.1 ADVISOR 62 RULE 2.2 INTERMEDIARY [RESERVED] 63 RULE 2.3 EVALUATION FOR USE BY THIRD PERSONS 64 ADVOCATE RULE MERITORIOUS CLAIMS AND CONTENTIONS 3.1 66 RULE 3.2 EXPEDITING LITIGATION 66 RULE CANDOR TOWARD THE TRIBUNAL 3.3 67 RULE 3.4 FAIRNESS TO OPPOSING PARTY AND COUNSEL 71 -i- RULE 3.5 IMPARTIALITY AND DECORUM OF THE TRIBUNAL 74 RULE 3.6 TRIAL PUBLICITY 75 RULE 3.7 LAWYER AS WITNESS 78 RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR 79 RULE 3.9 ADVOCATE IN NONADJUDICATIVE PROCEEDINGS 81 TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS RULE 4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS 82 RULE COMMUNICATION WITH PERSON REPRESENTED BY 4.2 COUNSEL 83 RULE 4.3 DEALING WITH UNREPRESENTED PERSON 84 RULE 4.4 RESPECT FOR RIGHTS OF THIRD PERSONS 85 LAW FIRMS AND ASSOCIATIONS RULE 5.1 RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER 86 RULE 5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER 87 RULE 5.3 RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS 88 . RULE 5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER 89 RULE 5.5 UNAUTHORIZED PRACTICE OF LAW 90 RULE 5.6 RESTRICTIONS ON RIGHT TO PRACTICE 90 RULE 5.7 RESPONSIBILITIES REGARDING LAW-RELATED SERVICES 91 . . PUBLIC SERVICE RULE 6.1 [RESERVED] 93 RULE ACCEPTING APPOINTMENTS 6.2 93 RULE 6.3 MEMBERSHIP IN LEGAL SERVICES ORGANIZATION 94 RULE 6.4 LAW REFORM ACTIVITIES AFFECTING CLIENT INTERESTS 95 . INFORMATION ABOUT LEGAL SERVICES RULE 7.1 COMMUNICATIONS CONCERNING A LAWYER'S SERVICES 96 . . RULE 7.2 ADVERTISING 96 RULE 7.3 SOLICITATION OF PROFESSIONAL EMPLOYMENT 98 RULE 7.4 COMMUNICATION OF FIELDS OF PRACTICE 100 RULE 7.5 FIRM NAMES AND LETTERHEADS 102 MAINTAINING THE INTEGRITY OF THE PROFESSION RULE 8.1 BAR ADMISSION AND DISCIPLINARY MATTERS 103 RULE 8.2 JUDICIAL AND LEGAL OFFICIALS 104 RULE 8.3 REPORTING PROFESSIONAL MISCONDUCT 104 RULE MISCONDUCT 8.4 105