Section Review

Section Review runs practice area-specific articles as part of the MBA's bi-monthly Lawyers Journal.

Issue May 2012

May 2012

Pro hac vice fee adopted; Access to Justice Commission moves ahead

Last December, the Massachusetts Access to Justice Commission proposed that the Supreme Judicial Court adopt a new Rule 3:15, establishing a fee for admission pro hac vice. The fees, collected by the Board of Bar Overseers, would be given to the Interest on Lawyer Trust Accounts (IOLTA) Committee for distribution through normal channels to legal assistance projects for low-income individuals and families. On Friday, April 13, the Court announced that it had promulgated just such a new rule. The new rule takes effect Sept. 4, 2012.

The nightmare of trust law vs. Medicaid regulations revisited

In 1989, a trust was formed making my client the income beneficiary, but distribution of assets were completely within the discretion of the trustee. In September of 2010, my client -- now requiring nursing home care -- applied for Mass Health benefits to pay the nursing home, as her other assets were depleted.