Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2562 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1274
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to strengthen rules governing attorney conduct; penalties for misconduct.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Gracemarie R. TomaselliJoyce A. TomaselliJohn LundgrenSandra LundgrenDave CostanzoAlexis Lundgren 1 of 4
16	16	SENATE DOCKET, NO. 2562 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1274
18	18	By Mr. Tarr (by request), a petition (accompanied by bill, Senate, No. 1274) of Gracemarie R.
19	19	Tomaselli, , Joyce A. Tomaselli, , John Lundgren, , Sandra Lundgren, and others for legislation
20	20	to strengthen rules governing attorney conduct; penalties for misconduct. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1131 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to strengthen rules governing attorney conduct; penalties for misconduct.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 221 of the General Laws is hereby amended by striking out section 40 and
32	32	2inserting in place thereof the following new section:-
33	33	3 Section 40. Penalty for deceit or collusion; damages; disbarment
34	34	4 Section 40. (a) An attorney who is guilty of deceit or collusion, or consents thereto, with
35	35	5intent to deceive a court or judge, or party to an action or proceeding, or who knowingly makes a
36	36	6false statement of fact or law to a tribunal or fails to correct a false statement of material fact or
37	37	7law previously made to the tribunal by the attorney, or who knowingly fails to disclose to the
38	38	8tribunal legal authority in the controlling jurisdiction known to the attorney to be directly adverse
39	39	9to the position of the client and not disclosed by opposing counsel, or who knowingly offers 2 of 4
40	40	10evidence that the attorney knows to be false, except as provided in Massachusetts Rules of
41	41	11Professional Conduct Rule 3.3(e) with respect to criminal proceedings, is subject to discipline
42	42	12and shall forfeit to the injured party treble damages to be recovered in a civil action. An attorney
43	43	13must comply with the rules provided in the Massachusetts Rules of Professional Conduct and the
44	44	14analysis of precedent and the evaluation of evidence in accordance with the American Bar
45	45	15Association.
46	46	16 (b) All attorneys, officers of the court, counselors, including government attorneys,
47	47	17municipal counsel, town counsel, counsel for a city, employed to prosecute or defend claims,
48	48	18actions or proceedings by or on behalf of any municipal entity or agency, even if a private law
49	49	19firm is retained as municipal counsel, who violate their oath, are involved in any activity related
50	50	20to the judicial phase of a proceeding, commit perjury, suborn perjury, fail to disclose material
51	51	21evidence, submit or fabricate evidence, submit tainted evidence, intentionally misrepresent
52	52	22material facts, misrepresent case law, abuse the legal process, obstruct justice, are involved in
53	53	23deceit, concealment or nondisclosure of relevant information or material facts or relevant
54	54	24documents or collusion meant to deceive the court or any opposing party, deceive a party in an
55	55	25action or proceeding, commence an action or proceedings unjustifiably and without basis, engage
56	56	26in gross misconduct or egregious conduct that is willful, malicious, in bad-faith or deliberate
57	57	27betrayal of their special obligation to protect the integrity of the court and foster their truth-
58	58	28seeking function or that is prejudicial to the administration of justice, tamper with administration
59	59	29of justice involving dishonesty, fraud, deceit or misrepresentation to a court, commit fraud on the
60	60	30court, tell falsehoods or consent to present any falsehoods, or present to the court warped and
61	61	31distorted facts as to create an erroneous impression in the minds of those who observe them as 3 of 4
62	62	32true and genuine which leads directly to incorrect results causing harm to the opposing party
63	63	33shall:
64	64	34 (i) never be granted absolute immunity;
65	65	35 (ii) never be granted the litigation privilege;
66	66	36 (iii) not be granted qualified immunity and shall be held accountable when they
67	67	37irresponsibly exercise power or violate the law;
68	68	38 (iv) be liable for a single violation even though no pattern or practice of prior violations
69	69	39exists;
70	70	40 (v) be liable for their wrongful act that obtained a judgment under circumstances which
71	71	41would make it inequitable for them to retain its benefit;
72	72	42 (vi) be liable for assisting their client in a fraudulent act that resulted in harm to the
73	73	43opposing party or parties.
74	74	44 (c) Monetary damages awarded in civil legal action for attorney misconduct pursuant to
75	75	45this section shall be given to the person(s) wronged by the attorney’s action(s), including, but not
76	76	46limited to, compensatory and punitive treble damages for the harmed person(s) losses or
77	77	47potential losses. Every litigant, whether defendant or plaintiff, as the victim of the attorney’s
78	78	48wrongdoings specified in this section, has standing to bring a civil action for treble damages.
79	79	49 (d) This law carries no time limit to file a civil action for damages caused by the attorney.
80	80	50 (e) An attorney may be removed by the supreme judicial or superior court for fraud on
81	81	51the court, deceit, malpractice, knowingly making a false statement of fact or law to a tribunal, or 4 of 4
82	82	52failing to correct a false statement of material fact or law previously made to the tribunal by the
83	83	53attorney, knowingly failing to disclose to the tribunal legal authority in the controlling
84	84	54jurisdiction known to the attorney to be directly adverse to the position of the client and not
85	85	55disclosed by opposing counsel, knowingly offering evidence that the attorney knows to be false,
86	86	56except as provided in Massachusetts Rules of Professional Conduct Rule 3.3(e) with respect to
87	87	57criminal proceedings, or other gross misconduct, and shall also be liable for treble damages to
88	88	58the person injured thereby, and to such other punishment as may be provided by law. Whenever
89	89	59a petition is filed for the removal of an attorney, the proceedings thereafter shall be conducted by
90	90	60an attorney to be designated by the court. The expenses of the inquiry and proceedings in either
91	91	61court shall be paid as in criminal prosecutions in the superior court.