BBA Council Supports Pro Hac Vice Fee Increase

In 2011, the BBA Council voted to support the Massachusetts Access to Justice Commission proposal to institute a pro hac vice admission fee, as had already been done in 41 other states and the District of Columbia. Following this proposal, the Supreme Judicial Court (SJC) Rules Committee proposed, and the SJC eventually adopted, SJC Rule 3:15, Pro hac vice registration fee, which imposes a $301 per-case fee for out-of-state lawyers seeking to appear in Massachusetts Courts, unless the attorney is providing pro bono legal assistance to an indigent client. Under Rule 3:15, the proceeds go to the IOLTA Committee and are then distributed, in the same proportions as is its other revenue, to the Massachusetts Legal Assistance Corporation (MLAC), the Massachusetts Bar Foundation, and the Boston Bar Foundation, in order to provide civil legal aid to low-income residents of Massachusetts.

Earlier this year, the Massachusetts IOLTA Committee submitted a request to amend SJC Rule 3:15 by increasing the $301 fee to $451, and last month the President Mark Smith submitted a letter to the court expressing support for the proposal, following a BBA Council vote to endorse the request. The increase itself would still place Massachusetts within the range of existing fees, and states like Connecticut and Maine have fees that are above $551.

Overall, the BBA Council viewed the increase as reasonable within the context of the fee rates in other states and also an important way to increase access to justice in the Commonwealth. The initial proposal stemmed from a sharp drop in IOLTA revenue, and unfortunately, projections for IOLTA revenue remain worryingly low, and as we’ve outlined many times there is an ever-increasing need for civil legal aid in the Commonwealth. The fee rise would result in a net increase of nearly $90,000 to legal services programs. We are very thankful of the Court’s long-standing support of access to justice and hope they will bolster these efforts by moving forward with the fee increase.

—Alexa Daniel
Legislative and Public Policy Manager
Boston Bar Association