Attorneys
Effective Jun 11, 2021Mass. Register #1445MGL c. 6, § 167A MGL c. 6, § 172 MGL c. 30ADepartment of Criminal Justice Information Services
(1) An attorney may access the CORI information of the attorney’s client in the following manner:
- (a) The attorney shall obtain the client’s consent to access the client’s CORI;
- (b) The attorney shall verify the identity of the client;
(c) The attorney shall complete the CORI Attorney Affidavit Form, which must:
- 1. affirm that the subject of the request is a current client of the requesting attorney;
- 2. affirm that the attorney has obtained the client’s consent to access the client’s CORI;
- 3. describe and affirm the means used by the attorney to verify the client’s identity; and
- 4. be signed by the attorney subject to the penalties of perjury.
- (d) The attorney shall submit the completed CORI Attorney Affidavit Form either electronically via the attorney’s account on the iCORI system or by a physical copy mailed to DCJIS.
- (e) The completed CORI Attorney Affidavit Form will be valid for a period of one year from the signing of the form. The attorney may run a subsequent CORI check on the same client within this time period so long as the client is still a current client of the attorney.
- (f) Where representation changes such that the client is represented by a succeeding attorney who works for the same firm or entity as the attorney who signed the CORI Affidavit Form, and where the client maintains an unbroken attorney-client relationship with attorneys working for that firm or entity, then succeeding attorneys who directly represent the client and who work for that same firm or entity may run a subsequent CORI check on the client within one year of the signing of the CORI Attorney Affidavit Form by the initial attorney.
- (g) The attorney or the firm or entity for which the attorney works shall maintain a copy of the completed CORI Attorney Request Form for a period of one year from the submission of the CORI request. The attorney who signs the form is responsible for ensuring that it will be preserved.
(h) A client’s CORI accessed by an attorney on the client’s behalf may only be disseminated:
- 1. to the client;
- 2. to such other individuals as authorized by the client; or
- 3. as otherwise authorized by law.
- (i) An attorney shall not use the procedures outlined in 803 CMR 2.07(1) to access CORI of a former client or a non-client. To access the CORI of a former client or a non-client, an attorney must use the procedures described in 803 CMR 2.07(2).
(2) An attorney seeking to obtain a former client or non-client’s CORI, beyond what is available via Open Access to CORI, for litigation purposes shall submit a valid, signed court order directly to DCJIS. A non-client’s CORI, beyond what is available via Open Access to CORI, may only be disseminated:
- (a) as allowed by the court that issued the order; or
- (b) as otherwise authorized by law.