Section 486.06 - General Requirements(1) An attorney shall be entitled to access as provided in 103 CMR 486.00 for the purpose of establishing or furthering an attorney/client relationship or for the purpose of interviewing a witness for pending or potential litigation or an administrative hearing in which the attorney represents a party, in each case if the inmate with whom he or she wishes to visit agrees to such a visit. An attorney may be required to identify the purpose of a visit as conforming to the specifications of the foregoing sentence but shall not be required to disclose the purpose of a visit or the nature of his or her business in any greater detail.(2) A law student shall be entitled to access as provided in 103 CMR 486.00 for the purposes specified in 103 CMR 486.06(1), if the law student is working under the authorization and supervision of an attorney, provided: (a) that said law student has at least three business days prior to the first intended visit to an institution, supplied to the institution a letter signed by the dean, a member of the dean's staff, the registrar or a member of the registrar's staff, of the student's law school identifying the student as enrolled at that law school; and(b) the dean, a member of the dean's staff, the registrar or a member of the registrar's staff, has confirmed the letter when telephoned by an employee of the institution.(3) A paralegal shall be entitled to access as provided in 103 CMR 486.00 for the purposes specified in 103 CMR 486.06(1) if the paralegal is working under the authorization and supervision of an attorney, provided: (a) that said paralegal has at least three business days prior to the first intended visit to an institution, supplied to the institution, a letter signed by the attorney which identifies the paralegal as working under the authorization and supervision of the attorney; and(b) that the attorney or a member of the attorney's staff has confirmed the letter when telephoned by an employee of the institution. No provision in 103 CMR 486.00 shall be interpreted to permit representation of an inmate by a paralegal at a Department of Correction disciplinary or classification hearing.
(4) A private investigator who is licensed pursuant to M.G.L. c. 147, § 25, or is exempt from said licensing requirements pursuant to M.G.L. c. 147, § 23, and is working under the authorization and supervision of an attorney or a pro se litigant, or has been appointed by a court of competent jurisdiction to an active legal matter, shall be entitled to access as provided in 103 CMR 486.00 for the purposes specified in 103 CMR 486.06(1), provided: (a) When the private investigator is working under attorney supervision: 1. the private investigator is accompanied by the attorney; or2. the private investigator has, at least three business days prior to the intended visit, supplied to the institution, a letter signed by the attorney which identifies the private investigator as working under the authorization and supervision of the attorney; and the attorney or a member of the attorney's staff has confirmed the letter when telephoned by an employee of the institution; or(b) When the inmate is not represented by counsel: the private investigator has provided a valid Court Order of appointment to an active legal matter or verification of an active pro se litigation. Law student, paralegals, and private investigators shall have access to the attorney/client rooms, provided one is available for use. Attorneys shall be given priority when requesting use of attorney/client rooms should there be limited availability.
(5) Interpreters shall be entitled to access as provided in 103 CMR 486.00 for the purposes of assisting an attorney, and shall not have access under 103 CMR 486.00 unless accompanied by an attorney.Amended by Mass Register Issue 1296, eff. 9/25/2015.