The Board of Bar Overseers (BBO) and Office of Bar Counsel (OBC) are currently recruiting. For more information, please visit our Employment Opportunities under the About Us tab at the top of this page.
The Board of Bar Overseers is seeking lawyers and members of the public to serve as Hearing Officers. More information may be found here.
Pursuant to Matter of Olchowski, 485 Mass 807, 36 Mass. Att’y Disc. R. 345 (2020), the Board of Bar Overseers has posted the names of persons and entities whose funds, previously held by a Massachusetts attorney, are now in the possession of the Massachusetts IOLTA Committee (MIC). The funds were transferred to the MIC because the attorney holding the funds could not locate the owner. To review the list of persons and entities, and instructions for claiming those funds, click here.
Effective September 1, 2024, bar counsel will no longer be accepting applications to transfer unclaimed or unidentified client funds to the Massachusetts IOLTA Committee (MIC). As of that date, the new provisions of Mass. R. Prof. C. 1.15(h) and (i) permit attorneys to apply directly to the MIC to transfer such funds. For further information, please see “January 2024 Update to: Unidentified and Unclaimed Funds in IOLTA Accounts May Result in Public Discipline”, or refer to the MIC.
The Supreme Judicial Court (SJC) has issued an order repealing SJC Rule 3:16, effective August 14, 2024, thereby removing the requirement that all persons admitted to the bar of the Commonwealth complete a mandatory Practicing with Professionalism Course within eighteen months of admission. For full details, see the SJC's press release: Supreme Judicial Court Repeals Rule 3:16 Requiring Newly Admitted Lawyers to Complete Practicing with Professionalism Course
The Board of Bar Overseers is pleased to announce the appointment of three new members as well as the appointment of Chair and Vice Chair for the upcoming year commencing on July 2, 2024.
The Supreme Judicial Court has appointed the following attorneys to four-year terms:
William Kennedy, a partner at Nutter.
Lynne Soutter, an Assistant General Counsel at Ropes & Gray
Phyllis Federico, a partner at Warner, Federico & Ryan.
The Court has appointed Professor Michael Cassidy of Boston College Law School as Chair of the BBO and Richard van Nostrand, a partner at Mirick O’Connell as Vice Chair.
We thank Clarissa Wright for her service to the Board, including as Chair, and Hon. Ernest Sarason (ret.) for his service to the Board. Their terms end on June 30, 2024. We also thank the Honorable Manisha Bhatt, who served on the Board until her appointment to the Probate and Family Court earlier this year.
In May 2024, after a national search, the Board of Bar Overseers was pleased to announce the appointment of Richard C. Abati as the next bar counsel, effective June 3, 2024. Abati joined the Office of Bar Counsel in 2010 as an Assistant Bar Counsel and was promoted to First Assistant Bar Counsel in 2020. He has served as Acting Bar Counsel since 2023.
The board of bar overseers is seeking lawyers to serve for terms that commence on July 1, 2024. Information and application materials may be found here. Questions may be directed to the general counsel of the board, Joseph Berman, at BoardRecruiting@massbbo.org or by phone at (617) 728-8700.
The court approved the new rules on March 12. The most significant amendment is to Rule 5.5, adding a new comment [4A] for out-of-state practice. Also important are comments to Rules 4.2 and 4.4 concerning lawyers representing themselves. Learn more on the court's informational page here.
Attorneys insured through BL Insurance Brokerage, LLC (BL), should be aware that the brokerage is reportedly out of business and no longer servicing its prior customers or policies. It has been reported that some insureds have received cancellation notices or non-renewal notices of their attorney malpractice policy due to a failure of the company to forward premiums to the insurer. If your malpractice insurance was obtained through BL Insurance, you should contact the company underwriting the professional malpractice insurance policy directly to confirm that your policy is in effect and has not been interrupted.
The board has proposed a rules change to the SJC to change the name from board of bar overseers to board of bar oversight. The reasons for the request are set for in the attached document.
The BBO announces the amendment of Board Policy 27 and the implementation of a new policy, Number 28. Amended Policy 27 governs in-person and remote hearings. The presumption is that hearings will be held in-person. New Policy 28 governs the appointment of Commissioners under SCJ Rule 4:01 Section 14.
The Board of Bar Overseers of the Supreme Judicial Court has retained Koya Partners, the executive search firm that works exclusively with mission-driven clients, to lead this search. In partnership with Koya, we are now identifying and recruiting exceptional candidates.
The Bar Counsel position profile can be found here. To suggest leaders as potential candidates, you can contact our Koya team directly at BBO_BarCounsel@koyapartners.com. We would also appreciate it if you would thoughtfully forward this along in your networks.
Bar counsel's Annual Report for Fiscal Year 2023 is now available on the Annual Reports page of the BBO website. The report describes the ways in which the OBC delivered on its mission to protect the public and promote professionalism for the period beginning July 1, 2022, and ending June 30, 2023.
The Board of Bar Overseers is now accepting applications from attorneys and members of the public (non-attorneys) to fill Hearing Officer vacancies. The deadline for submitting applications is December 22, 2023. To apply, lawyers must submit a resume and letter of interest. Non-lawyers must submit a resume and must complete an application. Applications, more details, and other important information are all available at https://www.massbbo.org/volunteer.
The SJC Standing Committee on Lawyer Well-Being recently launched a new web tool to view demographic and law practice data on all lawyers in Massachusetts. As of November 1, 2020, pursuant to SJC Rule 4;02, every lawyer registering in Massachusetts is required to complete a survey about their demographic and employment/professional characteristics. View the data and rule history, here.
The Board of Bar Overseers has partnered with Koya Partners, the executive search firm that works exclusively with mission-driven clients on the search for our next Executive Director. In partnership with Koya, we are now identifying and recruiting exceptional candidates. The Position Profile can be found here. To suggest leaders as potential candidates, you can contact our Koya team directly at BBO_ED@koyapartners.com.
As a result of Silicon Valley Bank being placed in receivership, questions have arisen regarding FDIC insurance of trust funds held at Silicon Valley Bank and other institutions. The Massachusetts IOLTA Committee is offering guidance about the FDIC’s receivership of Silicon Valley Bank and how FDIC insurers IOLTA accounts here.
Whether it’s the sale of title insurance or any other business transaction with a client, lawyers who fail to comply with the disclosure and consent provisions of Mass. R. Prof. C. 1.8(a) risk disciplinary action. Assistant Bar Counsel Robert M. Daniszewski explains why in “The Cost of Doing Business (With Clients).”
More information can be found here.
In an article posted here, First Assistant Bar Counsel Dorothy Anderson reviews the amendments to several rules, including Mass. R. Prof. C. 1.8, 1.15A, 3.4(i) and 4.4(a), that will take effect on October 1, and which reflect the aspiration of the late Chief Justice Ralph Gants, to create a “Kinder and Gentler Bar.”
The Board of Bar Overseers seeks attorneys to represent lawyers on a pro bono or reduced fee basis in disciplinary cases. Interested applicants should send a letter of interest and resume here.
The Justices of the Supreme Judicial Court invite interested attorneys to apply for appointment to the Board of Bar Overseers for a four-year term (July 1, 2022 - June 30, 2026). Information on the position and how to apply is available here.
The Justices of the Supreme Judicial Court invite interested attorneys to apply for appointment to a five-year term on the Clients' Security Board, effective December 2021. Please follow this link to review the Court’s announcement.
On October 1, 2020, the Supreme Judicial Court issued its opinion In the Matter of Olchowski, an important decision concerning the administration of IOLTA accounts in the Commonwealth. The Court held that client funds on deposit in IOLTA accounts whose owners cannot be identified do not fall within the statutory definition of “abandoned property” under G.L. c. 200A, and therefore such funds should be remitted to the IOLTA Committee rather than escheated to the treasury. The court directed that Mass. R. Prof. C. 1.15 be amended accordingly, including to require that banks notify the Board of Bar Overseers when there is no activity in an IOLTA account for more than two years, and to provide for the transfer and disposition of unidentified funds.
The Office of the Bar Counsel, the Board of Bar Overseers, and participating bar associations are co-sponsoring a free one-hour program on trust account record keeping. The program will provide guidance for attorneys, paralegals, bookkeepers, or other law office support staff interested in receiving training on the requirements of Mass. R. Prof. C. 1.15, as revised effective July 1, 2015. You can learn more about the program here and download a PDF of the class materials here.