Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by FindLaw Staff
(a) Appearance Pro Se.When a Respondent appears in his or her own behalf in a disciplinary proceeding, the Respondent shall file with the Board, with proof of service upon Bar Counsel, an address, including a street address, at which any notice or other written communication may be sent and a telephone number where the Respondent can be reached.
(b) Representation of Respondent by Counsel.When a Respondent is represented by counsel in a disciplinary proceeding, counsel shall file with the Board, with proof of service upon Bar Counsel, a written notice of such appearance, which shall state his or her name, address and telephone number, the name and address of the Respondent on whose behalf he or she appears, and the caption and file number of the subject proceeding. Thereafter, any notice or other written communication required to be served on or furnished to a Respondent may be sent to the counsel of record for such Respondent at the stated address of the counsel in lieu of transmission to the Respondent.
(c) Service.Any notice or pleading required to be served on the Respondent personally under these Rules may be served in hand or by addressing it by certified, registered, or first class mail to the address furnished by the Respondent during the proceeding. If the Respondent has not furnished an address during the proceeding, service may be made by addressing it by certified, registered, or first class mail to the address furnished in the last registration statement filed by the Respondent in accordance with Supreme Judicial Court Rule 4:02. Service by mail is complete upon mailing.
(d) Assistance in Obtaining Counsel for a Respondent.If a Respondent in a disciplinary proceeding desires counsel and cannot afford to retain counsel, then, upon application, the Board will seek to assist the Respondent to obtain counsel either at a reduced or no cost. Nothing in this subsection (d) accords any substantive right to the Respondent with respect to the appointment or payment of counsel.
(e) Policies Relating to Conflicts of Interest.
(1) No member of the Board, or partner or associate of a Board member, shall appear as counsel for a Respondent in a disciplinary proceeding, provided that no partner or associate of a Board member shall be required to withdraw from a disciplinary proceeding pending at the time the Board member commences his or her term.
(2) No member of any hearing committee or hearing panel, and no special hearing officer shall appear as counsel for a Respondent in a disciplinary proceeding.
(3) No partner or associate of a hearing committee member shall appear as counsel for a Respondent in a disciplinary proceeding before the hearing committee on which the said hearing committee member serves. No partner or associate of a special hearing officer shall appear as counsel for a Respondent in a disciplinary proceeding before the special hearing officer.
(4) No member of the Board or of any hearing committee shall appear voluntarily or make a submission as a character witness in a disciplinary or reinstatement proceeding.
Cite this article: FindLaw.com - Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. A, § 3.4 - last updated January 01, 2023 | https://codes.findlaw.com/ma/rules-of-the-board-of-bar-overseers/ma-r-bar-overseers-sect-3-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)