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Our Policy Positions

Our Positions

  • Access to Justice

    Access to justice means ensuring adequate funding for both civil legal services for the poor and for the courts, so that those who need to turn to the justice system to protect their rights or resolve their disputes will find the sufficient staff and resources to assist them.

  • Criminal Justice

    The BBA believes that the primary concern of a criminal justice system should be promoting public safety and ensuring fair treatment for all citizens. In pursuit of this goal, the BBA has a long history of advocating for policies which are consistent, fiscally responsible and guarantee that the administration of justice in Massachusetts is impartial.

  • Civil Rights & Civil Liberties

    The Massachusetts Constitution — the nation's first and oldest — stands as a beacon for fair and equal treatment under the law for every citizen. It is fitting, then, that the BBA has a long record of voicing opposition to and mobilizing resources against threats to civil rights and civil liberties. Our work in this area spans affirmative action, the right to vote, and same-sex marriage. It also includes the right to privacy, freedom of speech, the balance between liberty and security.

  • Practice of Law

    The BBA inspires the vigorous pursuit of ideas, critical analysis and civic engagement in order to advance the practice of law as a business and a profession and has always worked to integrate opportunities for dynamic change and to exercise judgment and creativity in offering solutions for problems.

  • Children & Families

    The BBA is attentive to legislative matters regarding the care, protection, and support of children, as well as other family-related legal issues. Our vibrant Family Law Section frequently concerns itself with procedural and administrative matters relating to the Probate and Family Court and maintains a continuing dialogue with its judges.

Clients Benefit When Lawyers Consult In-House Ethics Counsel So Says Boston Bar Amicus Brief

Arguing that Massachusetts will benefit from stating  a clear rule applying the attorney-client privilege when a lawyer consults with in-house ethics counsel, the Boston Bar Association (BBA) today filed an amicus brief in RFF Family Partnership v. Burns & Levinson.

"The issue presented by this appeal is important for all of the BBA's members who practice their profession in law firms, large or small, and for their clients," argues the brief. "The BBA therefore supports the adoption by this Court of a clear rule providing that the attorney-client privilege applies when a lawyer consults with in-house ethics counsel."

In the case in question, the Superior Court (Business Session) has already ruled that the attorney-client privilege does exist with respect to a lawyer consulting in-house counsel. That ruling has been challenged by plaintiff RFF Family Partnership. The BBA takes no position on the merits of the claim underlying the appeal.

Were the SJC to state such a clear rule, it would provide a model for state high courts throughout the nation. Providing a bird's eye view into the practice of law firms in the 21st century -- where urgent questions demand quick answers -- the brief makes the case that "clients benefit when their lawyers are encouraged to consult freely with in-house ethics counsel in a privileged communication."

The BBA brief argues that the attorney-client privilege should apply to such consultations on the following conditions:

1. In-house counsel has been formally or informally designated to provide advice to the law firm, along with the counsel’s other work;
2. In-house counsel does not work on the particular client matter that presents an issue; and
3. The time spent by in-house counsel on advising the law firm is absorbed by the law firm and is not billed or charged to any client.

The BBA's amicus brief was drafted by legal ethics expert Robert M. Buchanan, Jr., a partner at Choate Hall & Stewart.
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As a well-known innovator and opinion leader, the BBA is at the forefront of promoting justice and improving access to the legal system in Massachusetts. The Business Litigation Session of the Superior Court, the Uniform Probate Code, and our successful argument asserting the First Amendment rights of private parties, including bar associations, found in the R.E.B.A. v. N.R.E.I.S amicus brief are just three of the positive changes we have helped make a reality.