e-Journal

08-27

MBA's new officers to begin terms Sept. 1

The Massachusetts Bar Association slate of officers for the 2009-10 term has officially been set. Valerie A. Yarashus, the 2008-09 president-elect, automatically succeeds to the office of the president on Sept. 1.

Here is the list of the officers and some of their achievements.

YarashusValerie A. Yarashus
President

Yarashus is a principal with Meehan, Boyle, Black and Bogdanow PC, where she concentrates in plaintiff's trial practice and a wide variety of other general liability cases. Prior to serving as MBA president-elect in the 2008-09 association year, Yarashus served as treasurer following two consecutive terms as vice president. She co-founded the MBA Monthly Leadership Roundtables, spearheaded the MBA Diversity Task Force from 2005-07 and is a past president of the Massachusetts Academy of Trial Attorneys. She was awarded the prestigious Wiedemann-Wysocki "Citation of Excellence" from the American Association for Justice for her commitment to the civil justice system and was named one of Massachusetts Lawyers Weekly's Hall of Fame for Up and Coming Lawyers. Yarashus has been named in every edition of Best Lawyers in America since 2004, has been listed by Boston Magazine as a "Super Lawyer" in the field of personal injury every year since 2004, and as one of the top 50 female attorneys in Massachusetts (including every practice area) annually since 2005. She lives in Holliston.

SquillanteDenise Squillante
President-elect

Squillante is a solo practitioner in Fall River who concentrates in family law, corporate law, injury and estates, and also provides business and legal consulting services to corporations. Long active in the MBA's Family Law Section and its associated committees, Squillante has also lent her energy to the MBA's Presidential Task Force on Terrorism, and the Amicus and the Joint Bar committees. A former recipient of the MBA's Pro Bono Publico Award, she is a longtime member of the House of Delegates and a Massachusetts Bar Foundation Fellow. Instrumental in establishing the MBA's General Practice, Solo & Small Firm Section, as well as leading its efforts to assist lawyers who are transitioning in or out of the practice of law, this will be her fifth term as an MBA officer. She is also the Massachusetts delegate to the American Bar Association's House of Delegates. In addition, she is co-chair of the joint MBA/Boston Bar Association Alimony Task Force, a member of the Probate Court Scheduling Task Force and the MBA representative on the Equality Commission. A former president of the Fall River Bar Association, Squillante is currently on the board of the New England Bar Association and is a member of the Bristol County Bar Association Executive Board.

CampbellRichard P. Campbell
Vice president

Campbell is the founder and chairman of Campbell, Campbell, Edwards & Conroy PC, which specializes in trial practice with offices in Boston and Philadelphia. Campbell represents individuals and corporations in personal injury matters, commercial disputes, multi-district litigation, class actions, aviation disasters, toxic tort and products liability disputes. In addition, he organizes and leads his firm's pro bono project, educating parents, students and school administrators about civil and criminal social host liability laws. A past MBA secretary, Campbell has served on the MBA's governing body, the House of Delegates, for more than five years, the Criminal Justice Section Council for four years and currently serves as a trustee for the Massachusetts Bar Foundation. Campbell is a past chair of the 34,000-member Tort Trial & Insurance Practice Section of the American Bar Association. Campbell was honored by Boston College Law School with its highest award for dedication to the law - the Founder's Medal. Campbell was the 2009 recipient of the ABA Tort Trial & Insurance Practice Section Andrew C. Hecker Memorial Award, in recognition for his leadership, outreach, enthusiasm, professionalism and pride. He lives in Cohassett.

SheffDouglas K. Sheff
Vice president

Sheff is senior partner at Sheff Law Offices in Boston, where he specializes in all aspects of personal injury law and is considered an expert in brain injury law. A past president of the Massachusetts Academy of Trial Attorneys, Sheff has been appointed Trustee of the National College of Advocacy, which provides superior education and training for trial lawyers across the United States. Sheff is also a director of the Belli Society, an international group of distinguished trial attorneys and he has been awarded the ORT Award for integrity in the law. A five-time recipient of the American Association for Justice's prestigious Wiedemann-Wysocki Award, Sheff serves on the AAJ's Board of Governors, its Leaders Forum and its Traumatic Brain Injury Litigation Group. In addition, Sheff has been awarded the AAJ's New Generation Award and has been elected by his peers nationally to chair the AAJ's 100 State Delegates. Sheff also served as chair to the AAJ's Council of Presidents, representing 50,000 attorneys nationwide. A Boston Magazine "Super Lawyer," Sheff has also been recognized in Lifesavers, for preventing injury through aggressive representation of victims of defective products. He resides in Boston's North End.

HollowayRobert L. Holloway Jr.
Treasurer

Holloway is a shareholder and president of MacLean, Holloway, Doherty, Ardiff & Morse PC in Peabody. He is a long-term member of the MBA's Ethics Committee, a member and past chair of the MBA's Civil Litigation Section Council and a former regional delegate to the MBA House of Delegates. Holloway received the MBA's Community Service Award in 1993 and served on the Joint Bar Committee on Judicial Nominations for six years. In August, Holloway began a three-year appointment to the Supreme Judicial Court's Standing Committee on Pro Bono Legal Services and is a regular panelist for continuing legal education programs. An emeritus member of the Board of Editors of Massachusetts Lawyers Weekly, Holloway has served on that board since 1981. Recognized by Boston Magazine as a "Super Lawyer" in the area of business litigation, Holloway is also a past president of the Essex County Bar Association. A Topsfield resident, Holloway has served as a member of the Board of Health and as an elected representative to the Masconomet Regional School Committee from 1990 to 1999. In addition, he was a founding member of Hospice of the North Shore and served for many years as a corporator of Beverly Hospital.

CatalanoJeffrey N. Catalano
Secretary

Catalano is a partner at Todd & Weld LLP in Boston, where he specializes in representing victims of catastrophic injuries in the areas of medical negligence, product liability, auto accident, class action and other personal injury cases. A past chair of the MBA's Civil Litigation Section, Catalano has served on the MBA's governing board, the House of Delegates, since 2006 and is a member of its Executive Management Board. A Massachusetts Bar Foundation Fellow, Catalano is also a member of the executive committee for the Massachusetts Academy of Trial Attorneys. Catalano is on the board of directors for the non-profit law firm Health Law Advocates Inc., where his pro bono work includes patient advocacy and representing chronically ill and impoverished people who are denied access to health care services. In 2008, he was recognized by Health Law Advocates for his exceptional pro bono representation. Catalano was selected as a New England "Super Lawyer" in 2009 and a "Rising Star" by Boston Magazine in 2005. He lives in West Roxbury.

 

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Photos are courtesy of the American Bar Association. All photos were taken over the years at ABA Day in Washington D.C.

MBA bids farewell to Kennedy

The Massachusetts Bar Association mourns the loss of its esteemed colleague, Sen. Edward M. Kennedy.

"A national champion for social and economic justice, Sen. Kennedy was a highly valued advocate for the Massachusetts legal community and the public we serve," said MBA President Edward W. McIntyre. "His work on our behalf during decades of tireless service in the U.S. Senate will continue to have an immeasurable impact on and serve as inspiration for generations to come."

The MBA honored Kennedy with its Legislator of the Year Award in 2007 for his outstanding contribution to the improvement of the administration of justice in the commonwealth. The senator also served as the keynote speaker at the MBA's 1998 Annual Dinner. In addition, each spring, Kennedy met with MBA leadership in Washington, D.C., to discuss issues of importance to the Massachusetts bar.

Kennedy was admitted to the Massachusetts bar in 1959 and served as an assistant district attorney in Suffolk County from 1961 to 1962. Among other issues, Kennedy served as a leading advocate for legal services funding. He also lent a strong voice for the preservation of attorney-client privilege and an independent judiciary. In addition, Kennedy's influence and input resulted in countless access to justice improvements for the most vulnerable citizens.

American Bar Association files suit against Federal Trade Commission's "Red Flags Rule"

Rule burdens lawyers with no client benefit and invades state regulation of lawyers

The American Bar Association today asked the U.S. District Court for the District of Columbia to bar the Federal Trade Commission from applying its Red Flags Rule, designed to prevent identity theft, to practicing lawyers. Because the FTC is exceeding the powers delegated to it by Congress and misinterpreting the Rule, the ABA is seeking declaratory and injunctive relief in advance of pending FTC Rule enforcement on Nov 1, 2009.

The ABA complaint, prepared on a pro bono basis by Proskauer Rose, states that the application of the Rule to practicing lawyers is "arbitrary, capricious and contrary to law," and that the FTC has failed "to articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the FACTA; or any legally supportable basis for application of the Red Flags Rule to lawyers engaged in the practice of law."

The rule requires creditors to develop and implement plans to detect and respond to activity signaling possible identity theft. The FTC's original enforcement policy in October 2008 and subsequent updates provided no indication that lawyers engaged in the practice of law fell within the definition of "creditor." Only after implementation of the Rule was delayed again in April 2009 - just one day before the expiration of an initial six-month extension - did the FTC publicly announce its position that lawyers were subject to the Rule.  

Today's suit follows months of outspoken concern by the ABA regarding the unintended consequences of the Red Flags Rule. Nearly 30 state and local bar associations also have officially registered their opposition.

The ABA is seeking to have the Red Flags Rule's application to lawyers engaged in the practice of law declared unlawful and void. The Rule "imposes significant burdens upon lawyers, particularly sole practitioners and those practicing in small firms, who comprise the majority of the lawyers in the United States," the association noted in its complaint.  

Click here for a copy of the complaint.

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Supreme Judicial Court's Judicial Youth Corps program wraps up 19th year

Nearly 50 public high school students from Worcester and Boston took part in the four-month program

Nearly 50 public high school students from Worcester and Boston who took part in the 19th annual Supreme Judicial Court Judicial Youth Corps program were congratulated last week at the John Adams Courthouse in Boston.

"This really gives you an 'insider view' of the law," Massachusetts Bar Association president-elect Valerie A. Yarashus said. "Congratulations to all of you. You have done a fabulous job. I'm delighted we could help support this in some way."

A $51,225 fellows grant from the Massachusetts Bar Foundation, the philanthropic partner of the MBA, made it possible to continue the Worcester portion of the Supreme Judicial Court's Judicial Youth Corps Program this year. The MBF has provided funding annually to the program since 2007.

The JYC program, established by the SJC's Public Information Office in 1991, teaches young people about the judicial branch of government and fundamental principles of law. The four-month program consists of two educational components: a seven-week orientation to the court system and a seven-week courthouse internship session in July and August.  

The Boston Private Industry Council and the City of Boston Summer Youth Fund supported the Boston portion of the program.

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National Conference for the Minority Lawyer

MBA to co-sponsor conference Thursday, Sept, 24 - Friday, Sept. 25 at the Hotel Sofitel in Philadelphia

The MBA is proud to co-sponsor the National Conference for the Minority Lawyer, along with the ABA's Business Law Section, Section of Litigation and the Commission on Ethnic and Racial Diversity in the Profession Thursday, Sept, 24 - Friday, Sept. 25 at the Hotel Sofitel, 120 S. 17th St., Philadelphia.

Meet and network with lawyers from diverse backgrounds and practice settings to improve your legal skills and learn how to manage professional challenges unique to minority lawyers. You will hear from nationally recognized speakers, enjoy two complimentary lunches, attend the networking reception and participate in interactive workshops. Conference highlights include:

  • 2009 Employment Law Challenges;
  • Career Paths in the Bankruptcy Field;
  • Transactional Skills for a Changing Environment;
  • Private Dispute Resolution: What Makes it Work?;
  • The Educational Pipeline and "Call to Action;" and
  • Hot Topics in Discovery.
Click here to view the conference brochure.

Registration information:
For registration information contact Toyin Alaka at (312) 988-5562 or via e-mail. Click here for a printable application. Click here to register online.

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Law Practice Management Tip of the Week

It’s Time to Listen: Podcasts for your practice

 

Busy attorneys hardly have time to run their own practices, let alone to keep abreast of the latest developments within the law practice management field. When spare time is discovered, it is a challenge to determine just which extracurriculars should be primary. In divvying up that time, it is certainly understandable that an attorney, who must stay up to date in his areas of practice, would choose to access a substantive, or traditional, continuing legal education presentation, rather than a practice management presentation, Powerpoint or blawg. That is why services like this "Tip of the Week" are so important: this is a quick hit entry that is an easily digestible learning moment. But, there are other ways to learn, than on the quick.

Options that allow one to learn while multitasking safely are also certainly useful and practical for busy lawyers. Podcasts are one of the best ways to learn while doing (other things). Podcasts are essentially long-form mp3's, like those populating your iTunes playlists. You can listen to podcasts online, or download for later access, or you can listen on iTunes, whether via your laptop or on your iPod. You can listen in the car, at the gym or while waiting for your kid's sport practice to let out.

Best of all, for lawyers, there are a number of free, educational podcasts available.

Three of the best are:

  1. The Digital Edge series, produced by the American Bar Association, and featuring Sharon Nelson and Jim Calloway;
  2. The Lawyer2Lawyer series, produced by Legal Talk Network, and featuring Bob Ambrogi and J. Craig Williams;and
  3. The Kennedy-Mighell Report series, also produced by Legal Talk Network, and featuring Dennis Kennedy and Tom Mighell.

But, these featured are just a sliver of the options available. Start with these and discover further.

Now you have no excuse. Find your time to listen. (And, I won't tell anyone if that time is at the driving range.)

This "Tip" was adapted from a blog entry posted on July 21, 2009 by Rodney Dowell, Massachusetts LOMAP director.

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For more helpful tips, join the MBA's Law Practice Management Section. Call MBA Member Services at (617) 338-0530 to join.

To learn more about the Law Practice Management Section, contact Co-Chairs Alan J. Klevan or Rodney Dowell.

Upcoming CLE seminar and program schedule

Register for the "21st Century Civil and Criminal Motion Practice" seminar

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.

This week's highlighted programs include:
  • 21st Century Civil and Criminal Motion Practice
  • From Student to Lawyer: MSL/MBA Young Lawyer Career Seminar
  • How to Use the Mortgage Discharge Statute to Improve Your Real Estate Practice
  • Operating the Profitable Immigration Law Office
  • Save the date: Eighth Annual Western Massachusetts Bankruptcy Conference
  • Save the date: Fourth Annual Bench-Bar Symposium
  • Save the date: 19th Annual Family Law Conference
  • Casemaker Webinars

Scroll down for program descriptions, dates and registration details.

SEPTEMBER CLE PROGRAMS

21st Century Civil and Criminal Motion Practice
Tuesday, Sept. 15, 4-7 p.m.
MBA, 20 West St., Boston


From Student to Lawyer: MSL/MBA Young Lawyer Career Seminar
Wednesday, Sept. 16, 4-7 p.m.
Massachusetts School of Law, 500 Federal St., Andover


How to Use the Mortgage Discharge Statute to Improve Your Real Estate Practice

Wednesday, Sept. 16, 5-7 p.m.
MBA, 20 West St., Boston


Operating the Profitable Immigration Law Office
Tuesday, Sept. 22, 4-7 p.m.
MBA, 20 West St., Boston

SAVE THE DATES

Eighth Annual Western Massachusetts Bankruptcy Conference
Tuesday, Oct. 6, 4-7 p.m.
Western New England College School of Law, Springfield

Fourth Annual Bench-Bar Symposium
Wednesday, Oct. 21, 4:30 p.m.
John Adams Courthouse, One Pemberton Square
, Boston

19th Annual Family Law Conference
Friday, Nov. 6 - Saturday, Nov. 7
Chatham Bars Inn, Chatham

CASEMAKER WEBINARS

Want to learn more about the capabilities of Casemaker 2.1 straight from the source? Attend a complimentary Web training session to review the enhancements and new functionality of Casemaker 2.1 from the comfort of your home or office.

NOTE: You must log into Casemaker to register for these Webinars.
Space is limited. Click here to reserve your place at a Webinar.

  • Tuesday, Sept. 1, 11 a.m.
  • Tuesday, Sept. 8, 11 a.m.
  • Tuesday, Sept. 15, 11 a.m.
  • Tuesday, Sept. 29, 11 a.m.
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Featured member benefit: TurboLaw® Time and Billing

Haven't tried Time and Billing yet? Sign up for a free, 30-day trial of this easy-to-use software and find out how it can change your practice

The MBA has proudly partnered with TurboLaw to introduce TurboLaw Time and Billing®, which is exclusively available to MBA members.

Click here for a free 30-day trial.

TurboLaw® Time and Billing is a simple, easy-to-use time and billing program that generates powerful results for you and your firm. Professional looking bills and statements make a positive impression on your clients and ensure that bills are paid promptly. And with comprehensive time and expense-tracking tools, you'll never miss out on billable time or expenses.

There's no complex manual to study, no intimidating screen with hundreds of options - just a simple, streamlined program that you can master in minutes.

David Sharrow"Turbo Law's Time & Billing software is one of the best that I've encountered. Having worked at big firms with sophisticated accounting systems, when I started my own practice, I was looking for a package that was cost-effective, simple to use, yet had powerful invoicing and reporting features. Time and Billing has made the entire process from entering time and expenses through invoicing and through acknowledging receipt of payment a simple task. Thanks to the Massachusetts Bar Association for pointing me in their direction!"

-- David Sharrow, MBA member, Law Cooperative LLC, Carlisle

Discounted rates
One license
$30 per month
Additional licenses
$20 per month
Click here for more information.

Valid MBA membership required.  
TurboLaw® Time and Billing is only available to MBA members.

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Lawyers Eco-Challenge Eco-Tip

Incorporate the 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's Green Guidelines, Office Management and/or Green Guidelines, Landscape Management.

As of Sept. 1, 2009, Eco-Tips will no longer be published in e-Journal. This is the last Eco-Tip.
Aug. 27

Click here to view more Eco-Tips.
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