6/3/2013

 
In an article entitled Bearing Witness: REBA vs. NREIS and Witness-only Closings, the BBO’s Office of Bar Counsel cautions that Massachusetts lawyers performing witness closings are likely violating the Rules of Professional Conduct. 
 
The brief article, authored by Bruce Eisenhut, Assistant Bar Counsel, reviews and succinctly summarizes the holding of the Supreme Judicial Court in its April 2011 decision in REBA vs. NREIS
 
The article, which reflects the opinion of the Office of Bar Counsel, concludes: 
 
A “witness only” appearance by an attorney would necessarily be inadequate, professionally and ethically, except in the (perhaps unlikely) event that the attorney is first assured that steps constituting the practice of law are being or have been properly handled by other Massachusetts attorneys. To the extent that the other activities required to be done by lawyers are being conducted by non-lawyers, the “witness-only” attorney might be assisting in the unauthorized practice of law. In violation of Mass. R. Prof C. 5.5(a). Other disciplinary rules may also be implicated” 
 
For the complete three-page article, click here.