e-Journal

06-11

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Massachusetts Bar Association's 2009-10 officer, at-large and regional delegate slates announced

Nominations approved at May 21 House of Delegates meeting

Led by Past President David W. White Jr., the MBA's Nominating Committee report for the 2009-10 officers, at-large and regional delegates was approved at the May 21 House of Delegates meeting.

The 2009-10 MBA officers and delegates include:

Officers

President: Valerie A. Yarashus
President-elect: Denise Squillante
Vice President: Douglas K. Sheff
Vice President: Richard P. Campbell
Treasurer: Robert L. Holloway Jr.
Secretary: Jeffrey N. Catalano

Regional Delegates

Region 1: Susan A. Huettner
Region 2: Sara J. Trezise
Region 3: Miriam H. Babin
Region 4: David R. Roulston
Region 5: Mary Jo Kennedy
Region 6: Walter A. Costello Jr. and John J. Vasapolli
Region 7: Lee J. Gartenberg, Martha A. Rush O’Mara and Kevin G. Diamond
Region 8: Fern L. Frolin and Robert W. Harnais
Region 9: Anthony J. Benedetti, John J. Carroll Jr., Stephen Y. Chow and Angela C. McConney
Region 10: James G. Reardon Jr. and James T. Van Buren

At-large delegates: Alice B. Braunstein, Katherine A. Hesse, Veronica J. Fenton, Marsha V. Kazarosian, Alan J. Klevan, Denise I. Murphy and Kimberly E. Winter

The MBA's 2009-10 nominating committee was composed of White, past presidents William E. Bernstein, Warren F. Fitzgerald, Michael E. Mone and Camille F. Sarrouf, and Paul H. Rothschild and Ingrid C. Schroffner.

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Law Practice Management Tip of the Week

MBA offers free online CLE covering compliance with Massachusetts Data Privacy Act

The Massachusetts Bar Association, Law Office Management Assistance Program and Catuogno Court Reporting have made available a free set of videos covering compliance with the Massachusetts Data Privacy Act, which will take effect on Jan. 1, 2010.

The videos, available here, feature LOMAP Director and MBA Law Practice Management Section Co-Chair Rodney Dowell’s review of the regulations and HyTech Management President and CTO Mark Kupsc on compliance with the new requirements. The tandem presentation provides a look at overview and implementation through the unique perspectives of a practice management expert and an IT professional.

The program was recorded on March 20, 2009, at the “Compliance with the New Privacy Regulations” session of the MBA’s Legal Technology Expo.

Thanks goes to Catuogno Court Reporting, an MBA member benefit, for the recording, editing and hosting of these videos, which have been made available for free as a service to Massachusetts attorneys.

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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.
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Interested in serving on the Lawyers Journal editorial board?

Lawyers Journal is seeking volunteers for an editorial advisory board. As part of its continuing efforts to respond to member feedback regarding communication, the MBA is launching a redesigned Lawyers Journal in September. In addition to the new and improved design, the MBA will establish an editorial advisory board for its monthly periodical.

Board members will be asked to meet/teleconference monthly to assess the paper’s success in serving members, advise MBA staff on improvements, and suggest topics and authors for articles.

If you are interested in being considered for the board, contact Lawyers Journal Editor Bill Archambeault at [e-mail editorialboard] by Tuesday, June 30, noting your practice area, office location and interest in serving on the board.

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News from the Courts

Special advisor will oversee courts’ access to justice initiatives; CMAB report commends courts’ continuing progress; Hon. Lynda M. Connolly reappointed District Court chief justice; U.S. Court of Appeals proposes amendments to Local Rule 46.0(F)

Special advisor will oversee courts' access to justice initiatives

Judge FeinHousing Court Judge Dina Fein has been appointed to lead a new effort to improve access to civil justice for all litigants in state courts, including self-represented litigants, individuals of modest means, those of limited or no English proficiency, and individuals with mental or physical disabilities.

Fein will serve as special advisor for access to justice initiatives to "guide and coordinate" resources within the state's Trial Court Department beginning Monday, June 15. Fein, currently the first justice of the Housing Court, Western Division, will sit part time. SJC Senior Staff Attorney Sandra Lundy will serve as deputy advisor in addition to her current role.

Supreme Judicial Court Chief Justice Margaret H. Marshall and Chief Justice for Administration & Management Robert A. Mulligan announced the appointment "in recognition of the critical role of the judicial branch during a challenging economy when data confirm that more people seek recourse from the courts."

Fein, who will report to Mulligan, will work closely with judges, court personnel, the Massachusetts Access to Justice Commission, bar associations, legal service organizations, law firms, law schools and others to implement access to justice initiatives. "Insuring that the promise of justice is accessible to all is a core responsibility of the judicial branch," she said.

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CMAB report commends courts' continuing progress

The Court Management Advisory Board recognized the "continuing progress" made by the Trial Court Department since sweeping reforms were ushered in by the Monan Report.

CMAB, which this week released its annual report evaluating the Trial Courts' ongoing implementation of court reforms, "commends Chief Justice for Administration and Management Robert A. Mulligan, his leadership team, and the Trial Court judges, clerks and staff for their tremendous dedication to the initiatives undertaken during 2008," including the:

  • Third year of Court Metrics;
  • Steady and successful rollout of MassCourts;
  • Implementation of the Access and Fairness Survey Project across the system; and
  • Piloting of the Case File Integrity Project.
The report, available at www.mass.gov/courts/, also noted that the collection of important data is allowing the courts to improve its planning and decision-making: "The value of the data will continue to enable more effective strategic planning, as the court system addresses the major fiscal issues confronting the state in FY10 and FY11."

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Hon. Lynda M. Connolly reappointed District Court chief justice

Hon. Lynda M. Connolly District Court Chief Justice Lynda M. Connolly has been reappointed to a five-year term, Chief Justice for Administration & Management Robert A. Mulligan announced this week. Connolly was named chief justice in 2004 and has served the District Court since 1997.

"As chief justice, she has demonstrated significant energy and vision in the implementation of many management reforms, using performance-based measures to improve the effectiveness and responsiveness of the court," Mulligan said.

In addition to leading the largest Trial Court department, which comprises 62 Divisions, 158 judges and more than 1,000 staff, Connolly also co-chairs the Trial Court Fiscal Task Force. Mulligan noted that she has received strong support from judges and attorneys in the District Court and received numerous honors, including the Daniel J. Toomey Judicial Excellence Award recently presented by the Massachusetts Bar Association and Massachusetts Lawyers Weekly.

With more than 800,000 cases field in the District Court department each year, Connolly credited the collaborative effort by judges, clerks, probation officers, support staff, security and maintenance personnel "in putting a face on justice for the people seeking justice in over 800,000 cases filed in the District Courts each year."
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U.S. Court of Appeals proposes amendments to Local Rule 46.0(F)


The U.S. Court of Appeals for the First Circuit proposes amendments to Local Rule 46.0(f), the Standing Rule Governing Appearance and Argument by Eligible Law Students. The amendments would slightly modify the requirements for law students appearing for, or arguing on behalf of, an indigent person.

To read the proposed changes and respond, click here. Public comments on the proposed amendments must be received by Thursday, July 9.
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Nominate your colleagues for the 2009 Adams Pro Bono Publico Awards

Deadline for nominations is Wednesday, July 15

In furtherance of SJC Rule 6.1, Voluntary Pro Bono Publico Service, the SJC Standing Committee on Pro Bono Legal Services will present awards to individual lawyers, law firms, government attorneys, corporate law departments and other institutions in the legal profession that have demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged, including CPCS, legal services or similar providers who conduct non-program pro bono work. The awards will be presented in a ceremony at the John Adams Courthouse on Oct. 28 in conjunction with the American Bar Association's recognition of National Pro Bono Month.

Award criteria

Awardees will be selected from those who have excelled in providing volunteer services in one or more of the following ways:

  1. Volunteer participation in an activity or pro bono program which resulted in satisfying previously unmet needs or in extending services to underserved segments of the population;
  2. Successfully litigated pro bono cases that favorably affected the provision of other services to the poor; and/or
  3. Successfully achieved legislation that contributed substantially to legal services to the poor.

Nomination guidelines

  • Submit a brief narrative explaining how the candidate meets the criteria for the Adams Pro Bono Publico Award. Specify the nature of the pro bono contribution and identify those who have benefited.
  • Information that would be helpful includes principal areas of practice, the number of years practicing law, hours spent on pro bono activites, other public service contributions, educational background, supporting documents and bar association activites.
  • Include up to three letters of support, if available, from individuals and organizations aware of the candidate’s pro bono contribution.
  • Nominations submitted in 2008 remain active for consideration in the 2009 awards program.

Selection process

  • Nominations should be received by Wednesday, July 15.
  • Submit all materials to: Richard McMahon, Esq., The 2009 Adams Pro Bono Publico Awards, c/o New Center For Legal Advocacy Inc.,18 Main St. Extension, 3rd floor, Plymouth, MA 02360, or contact Alison Fallon at (508) 591-6680, or via e-mail, if you have any questions.

Upcoming CLE seminar and program schedule

Participate in the "The Supplemental Needs Trust Team: Pulling Together the Essential Components" 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. To download a PDF of the June/July CLE brochure, click here.  

This week's highlighted programs include:
  • Reverse Mortgages Luncheon Roundtable
  • Career Reentry Primer Luncheon Roundtable
  • The Supplemental Needs Trust Team: Pulling Together the Essential Components
  • Summer CLE preview
  • Casemaker Webinars

Scroll down for program descriptions, dates and registration details.

CLE PROGRAMS

Reverse Mortgages Luncheon Roundtable (lunch provided)
Tuesday, June 16, noon–2 p.m. / MBA, 20 West St., Boston

Career Reentry Primer Luncheon Roundtable (lunch provided)
Wednesday, June 17, noon–2 p.m. / MBA, 20 West St., Boston

The Supplemental Needs Trust Team: Pulling Together the Essential Components
Thursday, June 18, 4–7 p.m. / Western Mass. Legal Services, One Monarch Place, Suite 400, Springfield

SUMMER CLE PREVIEW

Drafting the Simple Will
Course #: PLY09 / Tuesday, July 14, 4–7 p.m.

Elder Law Basics

Course #: PLW09 / Wednesday, July 15, 4–7 p.m.

Estate Planning Solutions to Problems Luncheon Roundtable
Course #: PLZ09 / Wednesday, July 15, noon-1 p.m.

District Court Survival Guide – Civil Practice

Course #: CLDD09 / Monday, July 20, 4–6:30 p.m.

Trial Practice Luncheon Roundtable Series: Pre-trial Preparation and Jury Issues Luncheon Roundtable
Course #: CLFF09 / Tuesday, July 21, noon–2 p.m.

Fundamentals of Civil Motion Practice
Course #: CLBB09 / Tuesday, July 28, 4–7 p.m.

Basics of Divorce Practice
Course #: FLR09 / Wednesday, July 29, 4–7 p.m.

Basics of Developing an Estate Plan
Course #: PLX09 / Thursday, July 30, 4–7 p.m.

Immigration Law Essentials

Course #: IME09 / Tuesday, Aug. 4, 2–6 p.m.

Handling Depositions with Confidence

Course #: CLCC09 / Monday, Aug. 10, 2–5 p.m.

District Court Survival Guide — Criminal Practice

Course #: CLEE09 / Monday, Aug. 17, 4–6:30 p.m.

Trial Practice Luncheon Roundtable Series: Trial Issues Luncheon Roundtable
Course #: CLGG09 / Thursday, Aug. 20, noon–2 p.m.

Preparing to File a Lawsuit

Course #: CLHH09 / Monday, Aug. 24, 4–7 p.m.

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.

Space is limited. Click here to reserve your place at these Webinars in June.

  • Tuesday, June 16, 11 a.m.
  • Tuesday, June 30, 2 p.m.

 

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MBA co-sponsoring the Third Annual Green Office Conference, June 23

Conference features seven workshops focusing on reducing business costs and attracting customers by greening office operations

The Massachusetts Bar Association is co-sponsoring the Third Annual Green Office Conference on Tuesday, June 23, from 8 a.m. to 2:30 p.m. at the UMass-Boston Campus Center, 100 Morrissey Blvd., Boston. MBA members will save 25 percent off the registration fee.

MassRecycle LogoThis unique conference features seven workshops focusing on reducing business costs and attracting customers by greening office operations. Meet business leaders who have implemented sustainable programs in their offices and get project ideas for your firm. Topics include:

  • Green Purchasing: Beyond the Basics;
  • Cutting Costs and Cutting Carbon;
  • Zero Waste: Tools to Make it Happen in Your Office;
  • Telecommuting and Commuter-Friendly Office;
  • Building Green Value: Communicating with Your Customers;
  • Successful Green Teams and Their Projects; and
  • Green Office Action Plans: Baselines, Goals, Benefits and Savings.

All attendees receive, for free:

  1. Green Office Manual CD or book; and
  2. Green Office Kit with product samples.

Win free prizes. Attendees will be eligible to win pro bono site visits and services from six consultants who specialize in helping others go green.

This conference is presented by MassRecycle in partnership with the MBA, Massachusetts Operational Services Division (OSD), and the UMass-Boston's UMBe Green Program.

To register, and for a full schedule, visit www.massrecycle.org/greenoffice/.

When registering, use the "MassRecycle Member" registration option to receive your MBA member discount.

 

 

 


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Featured member benefit: EsqSites123.com

Looking to build a basic Web site without the high cost or technical hassle?

Check out our member benefit, EsqSites123.com, a leading provider of affordable law firm Web sites to sole practitioners and small firms. EsqSites123.com is offering its products to MBA members at a special, discounted rate on packages starting as low as $99.

ACT NOW:
EsqSites will waive the set-up fee for the first MBA member
to sign up by Wednesday, July 1.

Designed for sole practitioners and small firms, EsqSites123.com provides customizable Web site templates that are easy to use and inexpensive to create and maintain, with an affordable, simple pricing structure that consists of a one-time set up fee and monthly maintenance fees.

"EsqSites makes it easy for anyone to set up a basic Web site – it can literally be done in minutes," says CEO and co-founder Anthony E. Kalikas. EsqSites offers several Web site packages to provide small-firm attorneys with as much of a Web presence as they choose, with the flexibility to upgrade and change as needed.
 
All Web packages purchased from EsqSites123.com offer secure hosting, usage reports and submission to search engines such as Google and Yahoo, personalized e-mail accounts, interchangeable templates and phone support.
 
NOTE: Be sure to enter discount code "MBA" to obtain a 25 percent discount on setup fees.
 

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MBA committee and section news

"Workplace Bullying" open meeting; Workplace fraud discussion with Joint Task Force on the Underground Economy; Immigration Law Section hosts free roundtable discussion; Over 50 MBA members attend federal court program



Workplace Bullying:
Current Law, Proposed Legislation, and Practical Strategies in the Interim

Wednesday, June 17, noon-1 p.m.
MBA, 20 West St., Boston

In these difficult economic times, workplace bullying is a growing problem.  Although Canada has a law prohibiting workplace bullying, there are no such laws in the United States and few legal remedies to cover the myriad situations that arise.  Professor David Yamada, director of the New Workplace Institute at Suffolk University Law School, will present his proposed legislation to remedy this gap, which is likely to be introduced in the Massachusetts Legislature this year.  MIT Ombudsperson Mary Rowe, Ph.D., and Harvard University Ombudsman Lydia Cummings, who are highly experienced in addressing both the theory and reality of workplace bullying, will provide practical approaches to this difficult problem.


Topics include:

  • What are the common types of workplace bullying? 
  • What potential causes of action exist in Massachusetts, and what are the standards? 
  • How will proposed legislation address the problem without being overbroad? 
  • How can employers avert workplace bullying? 
  • What procedures should govern the investigation of workplace bullying? 
  • What remedies can be used when workplace bullying is established?

Sponsors:
Labor & Employment Section
American Arbitration Association
Labor and Employment Relations Association, Boston Chapter

R.S.V.P. to [e-mail jstevens].

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Secretary of Labor and Workforce Development Suzanne M. Bump, Director of Labor George E. Noel and Joint Task Force on the Underground Economy members to discuss workplace fraud

Friday, June 19, 10 a.m.-noon
Lecture Hall C202, Second Floor C Building, Bunker Hill Community College
250 New Rutherford Ave., Boston
 
The general public, businesses, labor organizations and community groups are invited to attend and participate. The Joint Task Force on the Underground Economy welcomes your testimony about workplace fraud and employee misclassification. How has your workplace, business or community been impacted? If you wish to testify at this event, please bring copies of your written remarks for the Joint Task Force to keep.
 
If you cannot attend, but would like your testimony to be included at this meeting, please send it in advance. All testimony relevant to the work of the Joint Task Force can be sent on an ongoing basis to Heather Rowe, Deputy Commissioner, Division of Occupational Safety, Charles F. Hurley Building, 19 Staniford St., 2nd floor, Boston, MA 02114 or send to [e-mail heather.rowe].
 
R.S.V.P. attendance or participation by close of business Thursday, June 18, to Linnea Walsh at [e-mail linnea.walsh].
 
For more information on the Underground Economy Task Force efforts should visit www.mass.gov/dol/labortaskforce.
 
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Immigration Law Section hosts free roundtable discussion

Massachusetts Hot Topics: Latest Trends and Issues

Tuesday, June 23, noon-1:30 p.m.
MBA, 20 West St., Boston


Immigration Law Section Co-chair Roy Jack Watson Jr., Esq., will moderate a panel of attorneys who have just returned from attending the American Immigration Lawyers Association (AILA) Annual Conference. The panelists will discuss the highlights of the many substantive topics discussed at the conference, as well as provide information from government panels on the latest changes and new programs they expect to roll out in the immediate and short-term future. Speakers invited include Hon. William P. Joyce (ret.) of Joyce & Associates PC in Boston and Brian T. O'Neill, Esq., of the Law Office of Brian T. O'Neill in Boston.

R.S.V.P. to MBA Senior Program Manager Marc A. D'Antonio at [e-mail MDantonio].

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Over 50 MBA members attend federal court program in Springfield


Seasoned attorneys who regularly appear in federal court, as well as those who want to expand their practice in that forum, attended Tuesday evening’s “Demystifying the Federal Courts: Western Style Justice” sponsored by the Civil Litigation Section Council. Section Chair Kimberly Jones, Esq., said, “Those in attendance had an opportunity to become acquainted with Judge Michael A. Ponsor, Magistrate  Kenneth P. Neiman and Division Manager John C. Stuckenbruck. They offered insight, information and guidance to the successful navigation of a civil action in federal court.”

Program Chair Keith A. Minoff, Esq., added, “A program like this was long overdue. Many attorneys seem to avoid federal court simply because they are unfamiliar with the judges and procedures. Ponsor and Neiman did a great job of explaining how they do things and lowering the anxiety level. Stuckenbruck also offered helpful tips on electronic filing procedures. Several attorneys, including some seasoned ones, commented to me afterwards that they found the program quite informative and were impressed with the new courtrooms, not to mention the building itself, which is pretty spectacular."

The program concluded with a guided tour led by Ponsor showcasing the new federal courthouse.

 

©2014 Massachusetts Bar Association