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
(The reader should also refer to Board Policy Number 25 concerning appeal briefs and oral arguments).
(a) Procedure to Object to Report of Hearing Committee, Hearing Panel, or Special Hearing Officer.Any party objecting to the findings, conclusions, or recommendations of a hearing committee, hearing panel, or special hearing officer shall, within twenty (20) days after the service of a copy of the report file and serve on all parties or their counsel (if the party is represented) a Notice of Appeal, indicating the party appealing and the decision from which the appeal is taken. The appealing party must file their brief on appeal no later than forty (40) days after the filing of the Notice of Appeal. A brief opposing the appeal, and raising any cross-appeal, may be filed in response to a brief on appeal within thirty (30) days after the filing a brief on appeal. If a cross-appeal is claimed in a brief opposing the appeal, the party filing the original appeal may file a brief in response to the cross-appeal within twenty (20) days after the filing of the cross-appeal. No further response will be entertained unless allowed or requested by the Board or a Board member. Upon good cause shown, the Chair of the Board and/or his or her designee may fix a longer or shorter time for the filing deadlines within this section.
(b) Oral Argument.Appeals from expedited hearings shall be decided upon the papers. For formal proceedings, oral argument shall be deemed waived unless expressly requested in a brief on appeal or brief opposing appeal. Oral argument shall be permitted at the discretion of the Board. The Board or the Appeal Panel may restrict the issues which may be argued orally.
(c) Waiver of Objections.A party will be conclusively deemed to have waived all objections to the findings, conclusions and recommendations of the hearing committee, hearing panel, or special hearing officer and to have stipulated to the waiver of oral argument and submission of briefs unless the party files an appeal as provided in subsection (a) of this section.
(d) Procedure on Appeal When the Matter Has Been Heard by a Hearing Panel of the Board. If an appeal has been filed form the findings, conclusions, and recommendations of the hearing panel of the Board, the Board may determine such appeal on the record and briefs before it or after any oral argument that it in its own discretion deems necessary. The Board may remand the matter to the hearing panel for the taking of further evidence.
Cite this article: FindLaw.com - Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. D, § 3.50 - last updated January 01, 2023 | https://codes.findlaw.com/ma/rules-of-the-board-of-bar-overseers/ma-r-bar-overseers-sect-3-50/
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)