e-Journal

07-31

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Gov. Patrick signs bill to repeal 1913 Marriage Law

MBA supports Senate Bill No. 800 allowing out-of-state same-sex couples to marry in Mass.

The Massachusetts Bar Association commends Gov. Deval Patrick for today signing Senate Bill No. 800 into law. The bill rescinds an early 20th century law banning same-sex couples from marrying in Massachusetts if the unions would not be legal in their own states. The bill passed unanimously in the Senate in earlier this month, and was passed by the House of Representatives on July 29.

The change takes effect immediately because the Legislature attached an emergency preamble to the bill, which waives the customary 90-day waiting period.

The MBA’s House of Delegates has long supported civil rights for all citizens, including marriage equality. “We applaud the executive and legislative branches of our state government for their leadership in rightfully abolishing a law that stripped civil liberties from same-sex couples,” MBA President David W. White Jr. said.

The MBA has a consistent record of considering and voting on issues presented by the state’s landmark Goodridge decision that legalized same-sex marriages in the commonwealth. In particular, the MBA voiced strong opposition to defining the term “marriage” as a legal contract between a man and a woman and prohibiting recognition of any other relationship as marriage or its legal equivalent.

 

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MBA seeks nominations for vice president

Submit nominations to MBA Secretary by Friday, Aug. 22

The Massachusetts Bar Association is currently accepting nominations for the position of vice president for the 2008-09 membership year. Nominees must submit a letter of intent and a current resume to the MBA secretary by 5 p.m. on Friday, Aug. 22, to be eligible.

To submit a nomination, mail or hand deliver nomination materials to:

Massachusetts Bar Association
Attn. MBA Secretary
20 West St.
Boston, MA 02111

Or, fax to (617) 542-7947.

Nomination materials will be provided to the MBA House of Delegates for the 2008-09 membership year for consideration and election at its September meeting, to be held on Thursday, Sept. 18, at 2 p.m. at Mechanics Hall, 321 Main St., Worcester.

If you have any questions about the nomination process, call MBA Executive Director Marilyn J. Wellington at (617) 338-0640.

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Justice John M. Greaney.
Photo courtesy of the SJC.

Supreme Judicial Court Justice Greaney to join Suffolk Law School

Judge to serve as Director of Macaronis Institute for Trial and Appellate Advocacy

Justice John M. Greaney of the Massachusetts Supreme Judicial Court will join the Suffolk University Law School faculty and serve as director of the Macaronis Institute for Trial and Appellate Advocacy. Greaney’s appointment, effective Dec. 1, 2008, was announced by Suffolk University President David J. Sargent and Board Chairman Nicholas Macaronis, a distinguished alumnus and prominent Lowell attorney for whom the institute is named.

"Justice Greaney brings a wealth of experience at every level of the judiciary, for which he has won the admiration of people both within and outside of the legal profession," said President Sargent. "Our students will benefit from his tutelage, and he brings inspired ideas to the Macaronis Institute." The Macaronis Institute, founded in 1999, offers highly specialized programs to practicing attorneys and law students.

"I am honored by my appointment to Suffolk University Law School, which has a tradition of excellence that I will endeavor to serve and enhance," said Greaney. "The Macaronis Institute, through its civil litigation concentration, trains law students to provide essential services in areas of practice that are vital to the maintenance of our system of justice.  In addition to teaching, I will work assiduously to add to the wide range of services, courses and programs that the Institute conducts, so that it will continue its status as a respected center for trial and appellate advocacy and related legal studies."

As a justice on the highest appellate court in Massachusetts, Greaney authored numerous significant opinions on issues ranging from complex corporate litigation in the Demoulas case to separation of powers and inherent judicial authority in the First Justice case and same-sex marriage in the Goodridge case.

Greaney served in the military and engaged in private practice before joining the judiciary in 1974, as the presiding judge of the Hampden County Housing Court. He later served as a justice the Massachusetts Superior Court and the Massachusetts Appeals Court. He was chief justice of the Massachusetts Appeals Court before his appointment to the Supreme Judicial Court in 1989. Greany turns 70 on April 8, 2009, the mandatory retirement age for judges.

Greaney has taught law at Western New England College Law School and Westfield State College; lectured and written extensively for continuing legal and judicial education programs; edited books on the law of Deceptive and Unfair Practices and Appellate Practice and Procedure; and co-authored books on Civil Jury Instructions and Summary Judgment.

"Justice Greaney brings inspired ideas, broad experience and a special brand of wisdom to Suffolk Law School," said Macaronis. "We look forward to seeing this highly regarded jurist steer the Macaronis Institute as it continues to offer valuable learning experiences to attorneys and students."

Did you know that the MBA recently created two new sections?

Check out the new Juvenile and Child Welfare Section and Immigration Law Section

Section NoticeIf your area of practice is Juvenile and Child Welfare Law or Immigration Law, or if you are thinking about expanding your practice, contact MBA Member Services at (617) 338-0530 and ask about adding the section of your choice in your membership package.

Immigration Law Section

2008-09 co-chairs: Marc Freiberger and Roy Watson 

The Immigration Law Section aims to create a focal point for its members to access information relevant to immigration issues and questions. The section will provide an opportunity to network with other specialized practitioners to respond to the needs of a growing client base in the immigration field, and also to collaborate with other existing sections dealing with immigration law issues. The section hopes to address concerns and provide education for both practicing immigration attorneys and attorneys practicing in other areas who are only rarely confronted with immigration issues. 

Juvenile and Child Welfare Section

2008-09 co-chairs: Michael Donnelly and Wendy Wolf

The Juvenile and Child Welfare Section will enable practitioners who represent clients in abuse and neglect, delinquency, youthful offender and status offender cases to meet for the first time in one forum and address the variety of issues that affect children and families. The section will also provide opportunities to work on projects involving proposed and current legislation, develop and present CLE programs, host open section meetings and publish articles.

Section councils are being formed for these new sections and if you are interested in appointment as a member of the section council, contact MBA Sections Administrator Jean Stevens via e-mail, as soon as possible for consideration.

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Reminder: Download a copy of the newly revised, complimentary "Recent Developments" publication

A PDF of the publication is available at www.massbar.org/cle.

A chapter on "Recent Developments in Real Estate Law", authored by Kathleen M. O'Donnell from Kopelman & Paige, in Boston, has just been added to Recent Developments in Federal and Massachusetts Law 2008.

Download a complimentary, electronic copy of this valuable tool at www.massbar.org/cle.

 

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Egbert headshotIn Memoriam: Richard M. Egbert

(February 13, 1947 - July 24, 2008)

Richard M. Egbert, a sole practitioner in Boston who fought for the rights of the accused for over thirty years, passed away suddenly on Thursday, July 24, at the age of 61. A graduate of the University of Massachusetts at Amherst (B.B.A.) and Northeastern University School of Law (J.D.), Egbert’s practice included trials in federal and state courts throughout the country.

A frequent contributor and author to the MBA's annual Recent Developments publication, Egbert lectured extensively on various aspects of criminal practice in both state and federal courts and for numerous bar associations, continuing legal education seminars, law societies, and judicial conferences. A past president and member of the board of directors of the Massachusetts Association of Criminal Defense Lawyers, Egbert was included in the peer-reviewed publication The Best Lawyers in America for over a decade. Egbert was also listed in the “Top Ten Super Lawyers” by Law & Politics magazine.

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Featured member benefit: MBA Placement Center

Looking to confidentially make a lateral career move? Our Placement Center will help you find the position of your dreams

Job seekers:

Visit the Placement Center and start now. Whether locally, regionally or across the nation, we can confidentially introduce you to the clients that are looking specifically for your skills and personality (there is never a fee to the candidate for our services):

  • Confidential Career Counseling (work with a career advocate)
  • Confidential Skills Networking (we will introduce you to the decision makers)

When you're ready to advance your career, you can submit your resume online, via e-mail, or call us toll-free at (617) 517-5987.

Employers:

Our Placement Center has its finger on the pulse of the New England legal community and works directly with associates, partners, and in-house attorneys looking to make a lateral move as well as outstanding paralegals and legal support staff. Finding your next great hire has never been more affordable or effective. Special recruiting programs designed for every need:

First Year Associates Program (one year or less of experience)
We have some outstanding law school graduates and junior level attorneys from top schools across the nation looking to join the right firm in Massachusetts and our low flat fee structure (only if you hire them) will save you time and money.

Experienced Attorneys Program
We are working with many of the leading associates, partners, and in-house counsel to help them make a confidential lateral move.

Legal Support Staff Program (paralegals, legal secretaries, staff)
We are also assisting some of New England's top paralegals, legal secretaries and legal staff to advance their careers.

Click to request fee and service information, or use the search order request link for recruiting assistance, or simply e-mail or call us at (617) 517-5987.

Upcoming CLE seminar and program schedule

Join fellow MBA members at a seminar on the basics of divorce practice

CLE Heading

 

 

 

To register for the following programs, call MBA Member Services at (617) 338-0530, [e-mail membership] or visit the CLE Web site. To download a PDF of the July/August CLE brochure, click here.  

This week's highlighted programs include:    

  • Save the Dates: Upcoming conferences
  • Basics of Divorce Practice
  • Immigration Law Essentials
  • Recent Developments in Appellate Practice
  • Upcoming Casemaker Training Sessions
  • Free Casemaker Webinar

Scroll down for program descriptions, dates and registration details.

SAVE THE DATES

Lawyers in Transition Conference
Tuesday, Oct. 7
Courtyard Marriott, 75 Felton St., Marlborough

36th Annual Robert Fuchs Labor Law Conference
National Labor Relations Board/Department of Labor Annual Conference
Thursday, October 16, 12:30-5:30 p.m., with reception to follow
Suffolk University Law School, 120 Tremont St., Boston

18th Annual Family Law Conference
Friday, Oct. 17 - Saturday, Oct. 18
Ocean Edge Resort & Club, 2907 Main St., Route 6A, Brewster

SEMINAR

Basics of Divorce Practice
Course #: FLM08
Introductory level
Tuesday, Aug. 5, 4–7 p.m.
MBA, 20 West St., Boston

Divorce practice ranks among the most demanding, most complex and most challenging areas of legal work. In order to be effective and avoid costly mistakes, counsel must be prepared to address a wide array of issues – from asset valuation and division, to child custody matters, to taxation – often in a high-pressure, deadline-driven arena. This course will teach you how to determine the facts of your client’s case, select appropriate avenues of relief and parry your opponent’s strategies while you become familiar with relevant statutes, rules and leading cases that you can use to achieve positive results for your client.

For more information, or to register, visit the MBA Calendar

Immigration Law Essentials
Course #: BLM08
Introductory level
Thursday, Aug. 7, 2–6 p.m.
MBA, 20 West St., Boston

Immigration touches various areas of law and affects many lives. Attorneys should be aware of basic immigrant visa procedures and the alphabet soup of immigration status. Discussion topics will include impacts on criminal and family law and ethical issues facing foreign nationals and dual representation.

For more information, or to register, visit the MBA Calendar.

Recent Developments in Appellate Practice
Course #: CLV08
Introductory level
Wednesday, Aug. 20, 4–6 p.m.
MBA, 20 West St., Boston

The MBA's popular Recent Developments in the Law programs provide an annual update on the most significant cases and changes in the law. This program will discuss developments and trends in the appellate courts that transcend decisions in specific substantive areas. From various perspectives, the program addresses how well our appellate courts are discharging their duties. It also covers recent developments in appellate practice and procedure.

For more information, or to register, visit the MBA Calendar.

CASEMAKER TRAINING SESSIONS

MBA members have free, unlimited use of Casemaker, which was upgraded in January 2008. A Web-based legal research library, Casemaker allows users to search and browse historic and current state and federal case law, state statutes and regulations, ethics opinions, rules of professional conduct and more. Learn how to best utilize this free tool at one of our Casemaker training programs, held at locations around the state.

Casemaker Training (Worcester)
Course #: CASEII08
Introductory level
Tuesday, Aug. 12, 1–2:15 p.m.
Trial Court Law Library, Worcester

Desktop stations will be available in addition to seating for attendees wishing to bring and use laptop computers. Laptop usage is made possible by available wireless Internet access.

Casemaker Training (Chicopee)
Course #: CASEJJ08
Introductory level
Tuesday, Aug. 12, 4–5:15 p.m.
Elms College, Chicopee
 

This training session will be held in a computer lab setting that will provide participants with the use of a computer and online access to Casemaker.

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

CASEMAKER WEBINARS

This summer, Casemaker presents a free webinar for MBA members. Want to learn more about the capabilities of Casemaker Version 2.0 straight from the source? Attend the Web training from the comfort of your home or office.

Choose a link below to register:

Thursday, Aug. 21, 10–11 a.m.

Click here to register.

Space is limited. Reserve your place now.

System requirements

PC-based attendees must have one of the following operating systems: Windows® 2000, XP Home, XP Pro, 2003 Server or Vista.
 
Macintosh®-based attendees must use Mac OS® X 10.3.9 (Panther®) or newer.

 

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Lawyers Eco-Challenge Eco-Tip of the Week

Incorporate the weekly Eco-Tip into your office practices and become more environmentally friendly.

 

Sign the MBA Lawyers Environmental Pledge to participate in the MBA Lawyers Eco-Challenge. By signing the pledge, lawyers agree to do their best to adhere to the MBA Green Guidelines   

 EcoTip - July 31

Click here to view more Eco-Tips. 

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