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Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. D, § 3.51

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) Briefs on Appeal.

(1) Content. The brief on appeal shall contain:

(i) A short statement of the case.

(ii) A summary of the basic position of the party filing.

(iii) The grounds upon which the appeal rests.

(iv) The argument in support of the appeal with citations to supporting legal authorities and with specific references to the pages of the record or exhibits where supporting evidence appears, using the Bates numbers when applicable.

(v) If there is no record support for an argument, this should be identified accordingly. If the brief argues for a good faith modification or change in the existing law or usual disciplinary sanction, this position should be clearly stated.

(2) Proposed Findings and Conclusions. The brief may also include specific findings and conclusions proposed in lieu of those from which the appeal is being taken and any proposed additional findings and conclusions.

(3) Appeals from Dispositions. An appeal from a recommended disposition shall specify the portions thereof from which the appeal is being taken, and may set forth a disposition suggested in lieu of that recommended by the hearing committee, hearing panel, or special hearing officer.

(b) Briefs Opposing Appeals. Briefs opposing appeals shall generally follow the same style prescribed for briefs on appeal, but may omit a statement of the case so far as it is correctly stated in the brief on appeal.

(c) Format and Number of Briefs.

(1) The brief is limited to 30 pages, double-spaced, minimum twelve-point font, with one-inch (1″) margins all around. A longer brief may only be filed with leave of the Board Chair or the Chair's designee.

(2) The brief should not be stapled or bound, as it will be scanned; a binder clip is sufficient.

(3) One original of each brief shall be filed with the Board and a copy served on the opposing party. The brief may be filed with the Board electronically, with one hard copy.

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Cite this article: FindLaw.com - Massachusetts Rules of the Board of Bar Overseers Ch. 3, Sub. D, § 3.51 - last updated January 01, 2023 | https://codes.findlaw.com/ma/rules-of-the-board-of-bar-overseers/ma-r-bar-overseers-sect-3-51/

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