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D. Mass. L.R. 83.6.10

Reinstatement

activein force · 2015-01-01 – presentact-effective-date

(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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D. Mass. L.R. 83.6.10 — Reinstatement · binding.law