Lawyers e-Journal
Thursday, Jul. 26, 2012
News from the courts
SJC invites comments on proposed new Rule 3:16; Grant received to create small claims video
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SJC invites comments on proposed
new Rule 3:16
In 2011, the Justices of the Supreme Judicial Court appointed a
working group to consider how to help new lawyers deal with
difficult issues that can generate complaints to the Board of Bar
Overseers. The justices asked the working group to consider whether
requiring an education program for newly-admitted Massachusetts
lawyers would help these lawyers.
The group has recommended that there be a required education
course for newly-admitted lawyers. A substantial section of this
course would address issues of law office management. Other topics
would include professionalism and civility, professional ethics,
the bar discipline system, managing the attorney-client
relationship, do's and don'ts of social media, the availability of
mentoring and continuing legal education, an introduction to
general and affinity bar associations and the importance and
availability of pro bono opportunities.
Proposed Rule 3:16 would require all persons newly-admitted to the
Massachusetts bar to complete a one-day, in-person mandatory
practicing with professionalism course within 18 months of
admission. The proposed rule anticipates that the course curriculum
would be subject to standards issued by the Supreme Judicial Court
or its designee, and that providers (e.g. continuing legal
education providers, bar associations, law schools) would be
approved by the Supreme Judicial Court or its designee. Fees for
the course would be approved by the Supreme Judicial Court. The
proposed rule includes sanctions for noncompliance.
Comments should be directed to Barbara Berenson at
[e-mail barbara.berenson] or at the Supreme Judicial Court,
John Adams Courthouse, One Pemberton Square , Boston MA 02108
on or before Aug. 24.
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Grant received to create small
claims video
The Trial Court's Access to Justice
Initiative is pleased to report that the State Justice Institute
has granted a request for funds to create and disseminate a small
claims self-help video in English and other languages. This effort
will build upon work already underway through prior SJI funding to
translate documents for small claims proceedings.
The Access to Justice Advisory Committee decided to seek funding
in the area of small claims, since three court departments hear
approximately 100,000 small claims matters each year and many
parties, both plaintiffs and defendants, appear without
counsel.
The 15-20 minute video will depict the progress of a fictional
small claims case from the dispute through resolution. It will
include basic vocabulary and procedure, how to prepare for court,
what to expect in the courtroom and how to comply with judgments
and orders. Information on how to access additional self-help
resources also will be provided.