Massachusetts General Laws

Mass. Gen. Laws ch. 221, § 38 (2026)

Oath of office

✓ current as of July 2026

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Section 38. Whoever is admitted as an attorney shall in open court take and subscribe the oaths to support the constitution of the United States and of the commonwealth; and the following oath of office shall be administered to and subscribed by him:

I (repeat the name) solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless or unlawful suit, nor give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts according to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me God.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1931–2026 · leading case: In re Cobb, 838 N.E.2d 1197 (Mass. 2005).

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In re Cobb, 838 N.E.2d 1197 (Mass. 2005). “7 Contrary to the respondent’s claim, there is no safe harbor provision in the attorney’s oath set forth in G. L. c. 221, § 38. The single justice properly rejected the respondent’s safe harbor claim.”

Berthoff v. United States, 140 F. Supp. 2d 50 (D. Mass. 2001). “" Mass. Gen. Laws ch. 221, § 38 . [28] See infra Appendix C.”

In re Balliro, 899 N.E.2d 794 (Mass. 2009). “When the respondent was admitted as an attorney in this Commonwealth, she took an oath of office pursuant to G. L. c. 221, § 38, in which she solemnly swore, among other things, that she would “do no falsehood, nor consent to the doing of any in court.”

In Re Kiley, 947 N.E.2d 1 (Mass. 2011). “1381 (1998) (lawyer shall not file suit “or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous”) or of the “attorney’s oath” he took under G. L. c. 221, § 38, when admitted to the bar (“I will not wittingly or willingly promote or…”

In re Application for Admission to the Bar of the Commonwealth, 392 N.E.2d 533 (Mass. 1979). “G. L. c. 221, § 38. We accept the applicant’s premise that the licensé to practice law may not be withheld arbitrarily or discriminatorily.”

Commonwealth v. Wilson, 964 N.E.2d 342 (Mass. App. Ct. 2012). “” G. L. c. 221, § 38. Further, the Rules of Professional Conduct governing a lawyer’s *476 responsibilities limit an attorney’s conduct in this regard.”

Chervin v. Travelers Ins., 840 N.E.2d 983 (Mass. App. Ct. 2006). “” G. L. c. 221, § 38. See St. 1701-2, c. 7, § 2.”

O'Leary v. Educ. Resources Inst., Inc., 813 N.E.2d 867 (Mass. App. Ct. 2004). “, G. L. c. 221, § 38 (oath of office for lawyer); Mass.”

Berthoff v. United States, 140 F. Supp. 2d 50 (D. Mass. 2001). “” Mass. Gen. Laws ch. 221, § 38 . . See infra Appendix C.”

Soares v. Law Offices of Liu & Assocs., 2011 Mass. App. Div. 96 (Mass. Dist. Ct., App. Div. 2011). “See G.L. c. 221, §38 (Massachusetts attorney’s oath: “I will not witting *100 ly or willingly promote or sue any.”

BlueRadios, Inc. v. Hamilton, Brook, Smith & Reynolds, P.C. (1st Cir. 2026). “1 Mass. Gen. Laws c. 221, § 38. - 3 - HOW WE GOT HERE This case arises from a long-running intellectual property (or "IP") dispute between two tech companies: BlueRadios and Kopin Corporation (the "another company" from our intro).”

Feinberg v. Atl. Theatres Corp., 175 N.E. 293 (Mass. 1931). “” G. L. c. 221, § 38. He then directed “the jury’s attention to the fact that Mr.”

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