Professional practice

205 CMR: MASSACHUSETTS GAMING COMMISSION

205 CMR 107.00: PROFESSIONAL PRACTICE

Section

107.01: General Provisions 107.02: The Practice of Law 107.03: Notice of Appearance by Attorney

107.01: General Provisions

No person may practice law, accountancy, architecture, professional engineering, land surveying or any other profession or occupation regulated by the laws of the Commonwealth of Massachusetts before the commission in any manner other than in accordance with law, the ethical standards applicable to the particular profession and 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings. Practice shall include any matter connected with the representation of the interest of a client, including the making of any appearance and the preparing or filing of any necessary written document, correspondence or other paper relative to such interests.

107.02: The Practice of Law

(1) No individual, other than a member, in good standing, of the bar of the Commonwealth of Massachusetts, shall practice law before the commission; provided, that a member of the bar, in good standing, of any other state may appear and practice, by permission of the commission, in any particular matter before the commission as set forth in .02(2).

(2) Notwithstanding .02(1), an attorney who is a member of the bar of the highest court of any state may appear and practice before the commission in a particular matter by leave granted in the discretion of the commission, provided the attorney files a certificate that: (a) the attorney is a member of the bar in good standing in every jurisdiction where the attorney has been admitted to practice; (b) there are no disciplinary proceedings pending against the attorney as a member of the bar in any jurisdiction; and (c) the attorney has read and is familiar with M.G.L. chs. 23K, 23N and 205 CMR 101.00: M.G.L. c. 23K Adjudicatory Proceedings; and provided further, that the attorney’s application for leave to practice before the commission is on request of a member, in good standing, of the bar of the Commonwealth of Massachusetts, who shall: 1. represent the client concurrently as its local counsel on the same particular matter; 2. appear of record in the particular matter; and 3. be responsible for the conduct of the out-of-state attorney in the particular matter; and provided further that both such attorneys shall sign all papers submitted or filed by counsel with the commission on behalf of their mutual client.

(3) A natural person who is not a member of the bar and to whom .02(1) and (2) are not applicable may appear and practice before the commission only in the person’s own behalf.

107.03: Notice of Appearance by Attorney

(1) Each attorney practicing law before the commission shall promptly file with the commission a notice of appearance in each particular matter and on behalf of each client represented and may be required to file evidence of the attorney’s authority to act in such capacity. The address of each attorney, telephone number, and e-mail address shall be stated. The signature of an attorney to a document shall constitute an appearance by the attorney who signs it, unless the paper states otherwise, and shall constitute a certificate that the attorney has read the document and that to the best of the attorney’s knowledge, information, and belief there is a good ground to support it.

4/14/23 (Effective 1/25/23) 205 CMR - 329 (Mass. Register #1493, 4/14/2023)

205 CMR: MASSACHUSETTS GAMING COMMISSION

107.03: continued

(2) In the event of a change in the attorney’s address during a particular matter in which the attorney has appeared, the attorney shall immediately notify the commission in writing. Unless otherwise provided by .00, an attorney may withdraw from a particular matter by filing written notice of withdrawal with the commission, together with proof of service on the attorney’s client and any other parties to the particular matter.

REGULATORY AUTHORITY

.00: M.G.L. c. 23K, §§ 4(37) and 5; c. 221, § 46A.

4/14/23 (Effective 1/25/23) 205 CMR - 330