US · rules
D. Mass. L.R. 83.6.10
Reinstatement
(a) Reinstatement after Suspension. An attorney who has been suspended shall be
automatically reinstated at the end of the period of suspension upon the filing of an
affidavit stating that:
(1) the period of suspension has expired; and
(2) the attorney has complied with all requirements of any order of suspension.
(b) Reinstatement after Disbarment or Resignation.
(1) Generally. An individual who has ceased to be a member of the district bar for any
reason, including disbarment or resignation, may apply for reinstatement.
(2) Application Requirements. An applicant for reinstatement shall:
(A) complete, verify, and file an application for reinstatement on an official
form provided by the clerk;
(B) file an affidavit of compliance with any applicable court order imposing
conditions as a part of attorney discipline; and
(C) pay the approved attorney reinstatement fee to the clerk.
(3) Waiting Period. An attorney who has been disbarred after hearing or by consent
may not apply for reinstatement until at least 5 years after the effective date of
disbarment.
(4) Procedure on Application. An application for reinstatement shall be referred to the
presiding judge in accordance with L.R. 83.6.5(c) for review and further action.
(A) The presiding judge may designate a magistrate or bankruptcy judge to issue
a report and recommendation as to whether or not the application should be
approved.
(B) The presiding judge may appoint special counsel to conduct an
investigation, to make a report to the court, and to perform any other duty
set forth in the order of appointment.
(C) After notice, the presiding judge shall schedule a hearing on the application.
(D) The presiding judge may refer the matter to a magistrate judge for report
and recommendation pursuant to 28 U.S.C. § 636(b)(l).
(5) Standard for Reinstatement. The applicant shall have the burden of demonstrating
by clear and convincing evidence that he or she is qualified and fit to practice law
before this court and that the applicant’s resumption of the practice of law before
this court will not adversely affect the interests of potential clients, public
confidence in the integrity of the bar of this court, or the proper administration of
justice.
(6) Approval by District Court Required. If the presiding judge grants the application
of an applicant who had been previously disbarred, the matter will be referred to
the full court. No order of reinstatement after an order of disbarment shall take
effect except upon a majority vote of the district judges of the full court.
History
Effective January 1, 2015.
Provenance
- Source
- www.mad.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
7cff15b8abe490fea9350ced54bd0a4468fb79e82661114bb73769533bf15870
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