EXHIBIT 5 OPINION OF LUSE GORMAN POMERENK & SCHICK, P.C. LUSE GORMAN POMERENK & SCHICK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5335 WISCONSIN AVENUE, N.W., SUITE 400 WASHINGTON, D.C. 20015 TELEPHONE (202) 274-2000 FACSIMILE (202) 362-2902 www.luselaw.com WRITER'S DIRECT DIAL NUMBER WRITER'S EMAIL (202) 274-2000 April 15, 2004 Board of Directors Brookline Bancorp, Inc. 160 Washington Street Brookline, Massachusetts 02447-0469 Re: Brookline Bancorp, Inc. 2003 Stock Option Plan and Brookline Bancorp, Inc. 2003 Recognition and Retention Plan: Registration Statement on Form S-8 ------------------------------------------------------------ Gentlemen: You have requested the opinion of this firm as to certain matters in connection with the issuance of Brookline Bancorp, Inc. (the "Company") common stock, par value $.01 per share (the "Common Stock"), pursuant to the Brookline Bancorp, Inc. 2003 Stock Option Plan (the "Stock Option Plan") and the Brookline Bancorp, Inc. 2003 Recognition and Retention Plan (the "Recognition Plan.") We have reviewed the Company's Certificate of Incorporation, the Registration Statement on Form S-8 (the "Form S-8"), the Stock Option Plan and the Recognition and Retention Plan, as well as applicable statutes and regulations governing the Company. We have assumed the authenticity, accuracy and completeness of all documents in connection with the opinion expressed herein. We have also assumed the legal capacity and genuineness of the signature of persons signing all documents in connection with which the opinion expressed herein are rendered. Based on the foregoing, we are of the following opinion: Upon the effectiveness of the Form S-8, the Common Stock, when issued in connection with the exercise of options granted pursuant to the Stock Option Plan and pursuant to the Recognition Plan, will be legally issued, fully paid and non-assessable. This opinion has been prepared solely for the use of the Company in connection with the preparation and filing of the Form S-8, and should not be used for any other purpose or relied upon by any other person without the prior written consent of this firm. We hereby consent to the use of this opinion in the Form S-8. Very truly yours, /s/ Luse Gorman Pomerenk & Schick, P.C. LUSE GORMAN POMERENK & SCHICK A Professional Corporation