The Standing Advisory Committee on the Rules of Professional
Conduct invites comment on proposed amendments to Rule 3.5 of the Rules of Professional Conduct.
The amendments would add a new subparagraph (4) to Rule 3.5(c) and
replace Comment 3 to that rule with proposed Comments 3, 3A and 3B.
These proposed amendments are intended to conform Rule 3.5 to the
Supreme Judicial Court's decision in Commonwealth v. Moore, 474 Mass. 541
At the request of the Supreme Judicial Court, the committee has
also proposed for comment a new Rule 1.16A on file retention and
disposition and related comments. The rule is not based on an ABA
Model Rule, but similar rules have been adopted in some other
jurisdictions. The court and the committee believe that lawyers and
clients will benefit from clearer guidance on the rules relating to
client files. Paragraph (b) of the proposed rule incorporates and
updates provisions found in current Rule 1.16(e). The adoption of proposed Rule
1.16A and its related comments would be accompanied by the repeal
of Rule 1.16(e) and Comment 10 to Rule 1.16.
The committee will make its final recommendation to the justices
of the Supreme Judicial Court following review of comments
received. Comments are due by May 1. Comments received will
be made available to the public.