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Lawyers Journal

Task force forms to study definition of the practice of law

The Task Force on the Definition of the Practice of Law has been formed.

Chairing the committee are Denise Squillante and Lee J. Gartenberg. Committee members include Jon Davis, Jackie Bowman, Bob Lucas, Josh England, Patricia Groves, Doug Salvesen, Pat Francomano and Claude Lancome.

The task force was precipitated by the debate at the September House of Delegates meeting in which the delegates unanimously voted to constitute a task force to more comprehensively investigate and debate the question of whether the enactment of a definition for the practice of law in Massachusetts would be beneficial.

The mission of the task force is:

•  To investigate and research the experience of other jurisdictions that have either codified a definition of the practice of law or have explored that possibility and chosen not to enact such a definition;

•  To analyze the advantages and disadvantages of Massachusetts codifying a definition of the practice of law;

•  To analyze various definitions of the practice of law from all sources (statutory, common law or from academic commentary);

•  To analyze the advantages and disadvantages of different definitions of the practice of law; and

•  To present a recommendation to the House of Delegates of the Massachusetts Bar Association as to (a) whether the MBA should advocate for the codification of a definition of the practice of law in Massachusetts; (b) if the recommendation is to so advocate, to present a proposed definition; and (c) in conjunction with General Counsel, recommend a strategy for successful enactment.

The task force is scheduled to make a presentation on its report and recommendations during the May 2004 House of Delegates meeting.

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