e-Journal

10/11

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Featured panelists at the Oct. 23 Sentencing Symposium.

Sentencing Symposium to feature elected officials, advocates and attorneys from across the state

John Henning, Scott Harshbarger, Robert Mulligan and Andrea Cabral to speak

Join local attorneys, advocates and representatives from across state government on Tuesday, Oct. 23, from 10 a.m. to noon at the Massachusetts Statehouse to discuss the crucial issue of sentencing reform. Moderated by former WBZ-TV senior correspondent John Henning, the panel discussions will examine the need for changes to increase treatment, education and training and opportunities for parole.

Moderator:
John Henning
Former WBZ-TV senior correspondent

Welcoming Remarks:
David W. White Jr., Esq.
MBA President

Panel I:

Andrea J. Cabral, Esq.
Sheriff, Suffolk County

James Alan Fox, Ph.D.
Lipman family professor of criminal justice, Northeastern University, Boston 

Rep. Roger Goodman
Vice chair, House Judiciary Committee, Wash.

Scott Harshbarger, Esq.
Senior counsel, Proskauer Rose LLP, Boston; former Massachusetts attorney general

John J. Larivee
Chief executive officer, Community Resources for Justice, Boston

Panel II:

Sen. Robert S. Creedon Jr.
Senate chairman, Joint Committee on the Judiciary

Mary Elizabeth Heffernan, Esq.
Undersecretary of criminal justice, Executive Office of Public Safety

William J. Leahy, Esq.,
Chief counsel, Committee for Public Counsel Service

Hon. Robert A. Mulligan
Chief Justice for Administration and Management, Mass. Trial Court

Rep. Eugene L. O’Flaherty
House chairman, Joint Committee on the Judiciary

Mary Price, Esq. (not pictured)
Vice president and general counsel, Families Against Mandatory Minimums, Wash. D.C.

To R.S.V.P., contact MBA Member Services via e-mail or by phone at (617) 338-0530.

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Gala Dinner will feature author, former presidential advisor Clarke, MBA Legislator of the Year Costello

Nov. 1 Gala Dinner approaching quickly; purchase tickets soon

The MBA's Gala Dinner will feature keynote speaker Richard A. Clarke and honor state Rep. Michael A. Costello (D-Newburyport) as the MBA Legislator of the Year.

The event will be held on Thursday, Nov. 1 at the InterContinental Hotel on Boston’s Waterfront. A 5:30 p.m. reception will be followed by dinner at 6:30 p.m. in the luxury hotel’s 10,500-square-foot Rose Kennedy Ballroom.

Clarke, a counterterrorism expert, former presidential advisor and bestselling author of “Against All Enemies,” served 11 consecutive years at the White House under seven presidents.

Currently chairman of Good Harbor Consulting LLC, Clarke advises clients on corporate-security risk management, information-security technology, dealing with the federal government on security and IT issues, and counterterrorism. He is also director of the Hart-Rudman Task Force on emergency responders.

As an on-air consultant with ABC News, Clarke offers insight into the global war on terrorism. He was most recently quoted in reports that speculated about Osama bin Laden’s whereabouts after appearing in a video distributed shortly before the anniversary of the Sept. 11 attacks.

“He came up on this occasion to prove he’s alive, to taunt us and to take advantage of the 9/11 remembrance ceremonies to get some propaganda,” Clarke said on ABC News reports.

Clarke also commented about the need to step up efforts to remove al Qaeda hideouts in Pakistan, as well as attack al Qaeda’s presence on the Internet.

“The fact is, the northwest territories of Pakistan are now a sanctuary where people from around Europe and the Middle East come — they’re recruited — and they go into training camps just like they used to do in Afghanistan,” ABC News quoted him as saying.

Regarding al Qaeda’s Web-based efforts to recruit and inspire followers, Clarke said, “That’s where they do all of their effective recruiting. They’re very, very good at it.”

The U.S. government needs to shut down servers that host terrorist sites in this country and pressure governments in other countries to do the same. The United States could even borrow a tactic from cyber-terrorists and hack their Web sites and servers, Clarke said. While not as effective as shutting down the servers, Web attacks could also be effective if the United States devoted more effort to it.

“That’s kind of a ‘whack-a-mole’ game. If you take down one server [they] could put up another,” Clarke told ABC News. “That is a lot harder than it sounds, but it’s certainly not impossible. But, we’re not doing it."

Rep. Costello to accept Legislator of the Year Award

Costello will be presented the MBA’s Legislator of the Year Award, given to a state or federal legislator who has demonstrated distinguished public service through outstanding contributions to the legal profession, courts and the administration of justice.

“We are pleased to bestow Rep. Costello with this high honor at one of our signature events of the year,” said MBA President David W. White Jr.

According to White, Costello has been engaged in a number of matters of keen importance to the Massachusetts bar, including criminal law matters, bar advocate pay increases and improvements to the administration of justice.
 
Costello currently serves as the State Representative of the First Essex District. He was first elected to represent the City of Newburyport and the Towns of Amesbury and Salisbury in November 2002. Having served as a member of the Legislature’s Joint Committee on the Judiciary, Costello currently serves as a member of the House Committee on Ethics and chairs the Joint Committee on Public Safety and Homeland Security.

 

 

To purchase a ticket or reserve a table for the MBA Gala Dinner, download a form here, e-mail membership or call MBA Member Services at (617) 338-0530.

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Photograph by Tricia Oliver
Hon. Herbert P. Wilkins, retired Chief Justice of the Massachusetts Supreme Judicial Court, speaks at the Oct. 4 civil Gideon Symposium.

Civil Gideon Symposium mobilizes Massachusetts Legal Community behind equal justice to law

MBA and BBA team up to discuss ideas about civil Gideon venture

The Oct. 4 Civil Gideon Symposium, held at the MBA and co-sponsored by the BBA, highlighted five panelists who outlined potential program strategies for this new Massachusetts legal venture. The high-energy symposium was a first step in mobilizing members of the Massachusetts legal community behind a program that will ensure that individuals who cannot afford counsel are provided with legal representation in civil cases.

 

The civil Gideon venture is intended to focus primarily on offering legal representation for the under-privileged in civil cases such as housing, domestic, family law, immigration and consumer disputes.

According to one panelist, currently 70% to 80% of the legal needs of the poor go unmet, and in Massachusetts, the time has come for the legal community to make sure that the civil freedoms of the underprivileged are not compromised.

Professor Russell Engler of the New England School of Law, urged attendees to contemplate how terminology and resources will affect civil Gideon. Funding for civil Gideon has been ardently debated among members of the legal community, many of whom are worried this venture will take money away from other necessary Massachusetts’ programs.

“The most important aspect is consensus on this issue,” said Engler. “It is not appropriate to compare costs of legal services if nothing short of counsel will do the trick,’ he said. “It is irrelevant to talk about lesser forms of service. We can’t allow gross discussion to go forward without looking at the alternative decision’s costs, such as the cost of homelessness.”

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A screenshot of the new MBA Web forums.

Discuss criminal sentencing online with MBA president, next Wednesday

Take advantage of the new MBA Web forums

On Wednesday, Oct. 17 from 1 to 2:30 p.m., join MBA President David W. White Jr. for a live online chat about criminal sentencing reform.

To join the conversation next Wednesday, log into the MBA's new Web forums: http://www.massbar.org/forums.

Some currently active conversations on the MBA forums include:

  • Have you had success negotiating Medicaid/Mass Health liens since Arkansas Department of Health and Human Services, et al. v. Ahlborn 126 S. Ct. 1752 (2006)? What has been working and what suggestions do you have?
  • What case management software does your firm use?
  • Have extensive experience with administrative hearings? Discuss suggestions for the "Training Manual for the Conduct of Adjudicatory Hearings," which the MBA Public Law Section Council is compiling with the Attorney General's Office as a resource for hearing officers and attorneys who frequently represent clients in administrative adjudicatory proceedings.
  • Ever consider working with two monitors in your office?

The MBA forums offer a range of tools for MBA members to more easily communicate with one another, including the ability to post messages for all members to access, create individual profiles, send private messages to other users, subscribe to unique threads and post URL links.

Join the conversation today. Log in here.

Image for DAL Coverage
Photograph by Jennifer Rosinski
Front to back, volunteer attorneys Carolyn A. Muzzi, Springfield; David H. Burstein, Springfield; Thomas D. O'Connor Jr., Springfield; and Jeffrey A. Burstein, Springfield.

Dial-A-Lawyer Program is an unprecedented success in its 12th year

Calls hit all-time high of 536

The MBA’s fall Western Mass. Dial-A-Lawyer program, held Oct. 9 in Springfield, was an unqualified successbreaking phone records from 2006 by over 100 calls. The semi-annual program provided individuals from Western Mass. with an opportunity to receive free legal advice, via phone, from volunteer lawyers as a public service of the MBA.

 

Thirty-four lawyers took phone calls for four hours, answering a wide range of legal questions concerning family law, real estate, personal injury and employment disputes. This year’s program received 536 calls, up from 401 calls in 2006.

 

Next year’s Dial-A-Lawyer programs will be on May 21, 2008 and Oct. 22, 2008.

 

The MBA wishes to thank all lawyers who volunteered their valuable time.

 

Program Participants 

David H. Burstein
Burstein Law Offices PC, Springfield

 

Jeffrey Alan Burstein
Burstein Law Offices PC, Springfield 

 

Charles R. Casartello Jr.
Pellegrini, Seeley Ryan & Blakesley PC, Springfield

 

Petra I. Cervoni

Law Office of Petra I. Cervoni, Springfield       

 

Alfred P. Chamberland
Law Office Of Alfred P. Chamberland, Easthampton                            

           

Justin Howard Dion
Bacon & Wilson PC, Springfield
                                                       

Mary K. Eaton
Eaton & Rescia, East Longmeadow 

Dennis G. Egan Jr.
Bacon & Wilson PC, Springfield
                                           

 

Claudette-Jean Girard
Szostkiewicz & Thorn, Springfield

 

Michael J. Grilli
Bacon & Wilson PC, Springfield

 

Lisa Louise Halbert
Bacon & Wilson PC, Northampton

 

Scott K. Kell Jr.

Law Office of Scott K. Kell Jr., Wilbraham       

 

Kimberly Klimczuk
Skoler, Abbott & Presser PC, Springfield       

 

Julia K. Lentini
Brodeur-McGan PC, Springfield        

 

Carolyn L. McCaffrey
Frank P. Fitzgerald PC, East Longmeadow                                       

                                                                                   

Sara E. McCollum
Department Of Revenue ─ Child Support Enforcement, Springfield      

 

Melanie Marie McNamara

Law Office of Melanie Marie McNamara, West Springfield          

 

Randy J. Milou Jr.
Law Offices of Randy J. Milou, West Springfield

           

John F. Moriarty Jr.
Moriarty, Neves & Dunn LLP, Holyoke

 

Carolyn Ann Muzzi
Department of Revenue/Child Support Enforcement, Springfield

 

Thomas D. O'Connor Jr.

Thomas D. O'Connor Jr., Attorney at Law, Springfield

 

Maurice Caston Powe
Attorney Maurice Powe, Springfield

                                   

Kara Schultz Rescia
Eaton & Rescia, East Longmeadow 

 

Denise M. Shear
Ostrander Law Office, Northhampton

 

Michael R. Siddall
Siddall & Siddall PC, Springfield       

 

Diana I. Sorrentini-Velez
Cooley Shrair PC, Springfield                                                                       

 

Eileen Z. Sorrentino
Collaborative ─ Attorney & Mediator PC, Chicopee

                                               

Bernadette Stark
Western Massachusetts Legal Services, Northampton  

 

Stanley Anthony Szlachetka

Law Office of Stanley Anthony Szlachetka, Chicopee                                 

 

Maureen C. Tobin
Cooley Shrair PC, Springfield              

 

Peggy Ann Torello

Law Office of Peggy Ann Torello, S. Deerfield                             

           

Dennis E. Tully

Law Office of Dennis E. Tully, East Longmeadow       

 

Christina Turgeon
Law Office of Christina M. Turgeon, Longmeadow                                          

 

Jeffrey Scott Weisser

Law Office of Jeffrey Scott Weisser, Agawam

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Upcoming CLE seminars, roundtables and Casemaker sessions

Register for a class today

For more information, or to sign up for the following programs, call Member Services at (617) 338-0530, download the latest CLE brochure as a PDF file or visit the CLE Web page.

 

Seminars

Drafting the Simple Will

Course #: PLA08
Introductory level
Tuesday, Oct. 16, 4–7 p.m.
MBA, 20 West St., Boston

 

This program will provide an introduction to the basics of drafting a will for the small to mid-sized estate. Attendees will learn:

 
  • How to draft simple wills;
  • How to conduct client meetings;
  • How to bill for your efforts; and
  • How to build a library of forms.

Sponsoring sections: Probate Law, Young Lawyers Division

Residential Purchase and Sale Agreements
Course #: PRB08
Wednesday, Oct. 17, 4–6:30 p.m.
MBA, 20 West St., Boston

In addition to providing many updates to changes in the law, this class will dissect each paragraph of the standard form purchase and sale agreement, explain what it means and address critical changes that must be made depending on the specifics of the transaction. Among other topics, attendees will learn:

 

  • What each paragraph of the purchase and sale agreement (“P&S”) means;
  • Necessary revisions from the buyer’s and seller’s perspectives;
  • Preliminary steps that should be taken to ensure a smooth transaction and to avoid liability (e.g. downloading and reviewing various documents from the registry of deeds, contacting the local tax dept, etc.);
  • Understanding what should and should not be disclosed in residential transactions;
  • The legal implications of the offer to purchase;
  • Updates on recent case law;
  • How to effectively represent your client by gathering as much information as possible (e.g. developing questionnaires and checklist, documents that are rarely obtained from the registry but which must be reviewed ahead of time, etc.);
  • How to understand the impact of each paragraph of the P&S; and
  • What happens if you fail to meet Massachusetts disclosure requirements.

Sponsoring sections:
Property Law, Young Lawyers Division

Roundtables

Intellectual Property Questions: Identifying Issues and Improving Your Clients' Understanding
Course #: BLB08
Breakfast Roundtable (continental breakfast provided)
Tuesday, Oct. 16, 8–9 a.m.
MBA Western Mass. office, 73 State St., Springfield

Clients often fail to see intellectual property issues, and when they do, frequently do not appreciate their importance. This program will help attorneys in all areas of practice to identify and understand IP issues more clearly and also teach attendees how to explain those issues to their clients.

At this morning roundtable participants will learn:

 

  • How to spot patent, trademark, trade secret, copyright and Internet issues;
  • How to resolve these issues; and
  • How to counsel clients on preventive steps they can take to avoid these issues.

Sponsoring Sections:

Business Law, Civil Litigation, Young Lawyers Division

 

Co-sponsors:

Berkshire, Franklin, Hampden and Hampshire county bar associations

 

Online Dispute Resolution: How It Provides Increased Effectiveness, Efficiency and Quality Course #: YLB08
Introductory level
Luncheon Roundtable
Thursday, Oct. 18, noon–2 p.m.
MBA, 20 West St., Boston

 

If you’re a lawyer who is interested in seeing how new and existing internet technologies are changing the way we practice law and resolve disputes, you won’t want to miss this informative program. A panel of ODR practitioners, developers and teachers will raise questions both before and after the online demo to help attendees see the potential use of these technologies in their legal practice. This workshop will explain how Online Dispute Resolution (ODR) is accomplished and how it can be used in family mediations, business disputes and small claims. Attendees are encouraged to bring their personal laptop computers (wireless) so they may participate in a hands-on demonstration and discover the use of new ODR technology.

 

Our experienced panelists will discuss:

 

  • How Internet technologies are being used to create new ways to mediate disputes;
  • The challenges and new opportunities practitioners face by working through a computer rather than face to face;
  • How the online environment, tailored to specific needs, can give both participants and neutrals new “powers”;
  • The impact that ODR will have on the position of more traditional conflict resolution management systems;
  • Opportunities to form interest groups to continue learning the new technologies and how to gain clients over the Internet; and
  • How to keep information confidential when using online technologies.

Sponsoring sections:
MBA Alternative Dispute Resolution Committee, Business Law, Civil Litigation, Family Law, Law Practice Management, General Practice, Solo & Small Firm, Young Lawyers Division

 

Casemaker Training

The MBA will host Casemaker trainings at the Hogan Campus Center of the College of the Holy Cross. Desktop computer stations will be available to registered attendees. Two training times provide some flexibility for your schedule.

 

Casemaker Training
Monday, Oct. 15
College of the Holy Cross, One College St., Worcester

 

Course #: CASED08
10–11:15 a.m.

 

Course #: CASEE08
11:30 a.m.–12:45 p.m.

 

Casemaker has had many new features added, including: CaseCheck, an enhanced case law search results function, database availability for all 50 states, nationwide collections of combined Supreme Court and ethics opinions and more. Additionally, Casemaker Version 2.0 has been released, in testing phase. Casemaker Version 2.0 will eventually replace the current version of Casemaker. In the meantime, MBA members can access Version 2.0 to get a feel for the system, before it becomes the default searching option.


For directions, click here, or call (508) 793-2011.

 

NOTE: Because space at Casemaker trainings is limited, online enrollment is not available. To register for a training session, call MBA Member Services at (617) 338-0530 or toll-free at (877) 676-6500.

 

Sponsor: Massachusetts Bar Association

 

Price: $25

Nominations sought for Access to Justice Awards

The MBA is seeking nominations for its five Access to Justice Awards, which will be presented at the MBA’s Access to Justice Awards Luncheon on March 6, 2008.

These awards offer a unique opportunity to recognize the efforts and achievements of our MBA members. To ensure that award recipients truly reflect the best of the legal profession, the MBA encourages nominations from its members, from Massachusetts regional and minority bar associations and from local public service organizations.

The Access to Justice Awards are:

Legal Services Award
An attorney employed by a public or nonprofit agency to provide civil legal services to low-income clients, and who has made a particularly significant or meaningful contribution to the provision of low-income legal services, above and beyond the requirements or his or her position.

Pro Bono Award for Law Firms
A law firm of two or more attorneys, with one or more offices in the commonwealth, whose pro bono activities are particularly noteworthy in relation to the firm’s size and which has performed significant or meaningful pro bono activity or which has been particularly instrumental in developing, implementing and/or supporting a pro bono program or pro bono services within Massachusetts.

Pro Bono Publico Award
An individual who has been instrumental in developing, implementing and supporting pro bono programs for the Massachusetts Bar Association or for a local county bar association, or a pro bono program of a law firm, or has developed a pro bono program sponsored or organized through an agency in the commonwealth, or has performed significant or meaningful pro bono activity.

Defender Award
An attorney who is employed or retained by a public or nonprofit agency to provide criminal legal services to low-income clients, and who has made a particularly significant or meaningful contribution to the provision of low-income legal services above and beyond the requirements of his or her position.

Prosecutor Award
A state or federal prosecutor who has distinguished himself or herself in public service and whose commitment to justice and serving the communities where he or she lives or works is particularly praiseworthy.

Nominations for all of the MBA Access to Justice Awards must be submitted in writing no later than Nov. 1, 2007, to: Access to Justice Awards, Massachusetts Bar Association, 20 West St., Boston, MA 02111-1204; [e-mail jstevens] or fax to (617) 338-0550. For more information, contact Ellen Zucker, chair of the Access to Justice Section Council, at (617) 345-3367.

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Celtics discounts for Massachusetts Bar Association members

After Thanksgiving, see the Celtics take on the Knicks

Special discount for MBA members – save $5 off. Watch Paul Pierce, Kevin Garnett, Ray Allen and the Celtics take on the New York Knicks at the TD Banknorth Garden this fall.

Boston Celtics vs. New York Knicks
Thursday, Nov. 29, 8 p.m.
** Ticket cost: $60 each (reg. $65) – Sec 5, row 26

To order your tickets now, [e-mail MBAdiscounts] or call (617) 854-8064.

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