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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
