e-Journal

12-09

Celebrate the holidays, MBA-style, on Dec. 16


MBA members are cordially invited to join us
for cocktails and hors d'oeuvres
to ring in the holidays.
100 Seal with no writing

Annual Boston Member Holiday ReceptionJustice Greaney

Thursday, Dec. 16, 5-7 p.m.
MBA, 20 West St., Boston
Click here to R.S.V.P.

Join the MBA at our annual holiday reception as we honor former SJC Justice John M. Greaney with an MBA Centennial Award.

The MBA is proud to be taking part in a holiday can drive to benefit the Greater Boston Food Bank and Open Pantry Community Services in Springfield. We will be accepting donations of non-perishable items through Saturday, Dec. 18 at both the MBA Boston and Springfield offices. The most needed items include canned tuna, peanut butter, canned fruits and vegetables, cereal, granola bars, pasta and jarred sauce.

 

Image for Mock Trial
Photograph by Jeff Thiebauth
2010 MBA Mock Trial Finals.

Call for Mock Trial coach or judge volunteers

The Massachusetts Bar Association is now in the midst of its Mock Trial 2011 Tournament. Every year, members of the MBA serve as coaches and judges for the Mock Trial Program, while thousands of high school students across Massachusetts participate. Students prepare a hypothetical case and then test their skills as lawyers and witnesses in a simulated courtroom competition. At this time in the season, we are currently looking to recruit lawyers who may be interested in assisting high school teams throughout the state who are still looking for attorney-coaches. 

Here is a brief description of this year's case:

"Inspired by the MBA's celebration of its past, this year's Mock Trial Committee has adapted and updated one of the most successful cases in the program's history. First used in 1998, the case arises out of a fatal car accident at a dangerous intersection that was missing a stop sign. The defendant is accused of removing the stop sign from the intersection as part of a high school prank, and faces criminal charges for causing the accident and deaths. The case explores the far-reaching ramifications of seemingly innocuous behavior, serving as a reminder of the full extent of criminal responsibility."

The following schools are still in need of an attorney-coach:

  • Bridgewater-Raynham High School,  Bridgewate; and
  • Lee Middle and High School, Lee.

If either of these schools sound like a location you would like to volunteer for, we will contact the school and provide them with your information. The time-commitment is based on both your schedules and the teachers, but the trials begin at the end of January and run through the end of March, depending on the success of the individual teams. The schools may need you any time between now and the end of the season to help prepare for upcoming trials.  

If you are unable to volunteer as an attorney-coach for Mock Trial, we are also recruiting attorneys to act as judges during the tournament. The yearly Judges' Orientation will take place during the second week of January.

Interested in participating as an attorney-coach or a judge? Contact Mock Trial Central at (617) 338-0570 or via e-mail.

Image for Nominations
Photograph by Jeff Thiebauth
MBA Past Presidents and current leadership at the 2010-11 Past Presidents' Dinner on Nov. 15.

MBA seeks nominations for 2011-12 positions

Submit nominations to MBA Secretary by Friday, Feb. 25

The Massachusetts Bar Association is currently accepting nominations for officer and delegate positions for the 2011-12 membership year. Nominees must submit a letter of intent and a current resume to MBA Secretary Marsha V. Kazarosian by 5 p.m. on Friday, Feb. 25, 2011 to be eligible. 

To submit a nomination, mail or hand deliver the information to:

Massachusetts Bar Association
Attn: Marsha V. Kazarosian, MBA Secretary
20 West St., Boston, MA 02111

Or fax the nomination to (617) 542-7947.

If you have any questions about the nomination process, call MBA Chief Operating Officer Martin W. Healy at (617) 988-4777.

Click here for nomination and election procedures.

Image for InHouse
Photograph by Jennifer Rosinski
From left to right: Conference Co-Chair James C. Donnelly Jr., Esq.; Hon. Timothy S. Hillman, magistrate judge, U.S. District Court, District of Massachusetts; Elizabeth M. McCarron, Esq., vice president & Assistant general counsel, EMC Corporation; Conference Co-Chair David A. Parke, Esq.

Conference preps in-house counsel on virtualization and cloud computing

Miss the conference? Watch it On Demand.

The Massachusetts Bar Association held its Eighth Annual In-House Counsel Conference today (Dec. 9) at its Boston headquarters. "Doing Business in the Electronic Age" focused on how changes that include electronic communication and cloud computing affect the way businesses keep records, set policies and organize their processes.

The conference, offered in person and as a real-time Web-cast, is available for purchase through MBA On Demand. If you are on Twitter, you can get a taste of some of the key conference points by searching for the #MBAInHouse hashtag.

Keynote speaker Krish Gupta, vice president and deputy general counsel at EMC Corporation in Hopkinton, said the future of businesses are changing because of the need for virtualization and cloud computing. Business legal departments must take that into account when they set up policies and procedures.

The conference was co-sponsored by the New England Corporate Counsel Association.

The MBA appreciates all of the conference faculty:

James C. Donnelly Jr., Esq., conference co-chair
Mirick, O'Connell, DeMallie and Lougee LLP, Worcester

Peter D. McDermott, Esq., conference co-chair
Banner & Witcoff Ltd, Boston

David A. Parke, Esq., conference co-chair
Bulkley, Richardson & Gelinas LLP, Springfield

Hon. Timothy S. Hillman
Magistrate Judge, U.S. District Court, District of Massachusetts

Stephen Cesso, Esq.
General Counsel, Computershare Inc., Canton

Douglas E. Cornelius, Esq.
Beacon Capital Partners, Boston

Donna Durkin
Chief Information Security & Privacy Officer, Computershare Inc., Canton

Graham Gal, Ph.D.
Isenberg School of Management, University of Massachusetts Amherst

Krish Gupta, Esq.
Vice President & Deputy General Counsel, EMC Corporation, Hopkinton

F. Kinsey Haffner, Esq.
Vice President, Intellectual Property and Licensing, Raytheon Co., Waltham

Robert J. Kerwin, Esq.
Tarlow, Breed, Hart & Rodgers PC, Boston

Elizabeth M. McCarron, Esq.
Vice President & Assistant General Counsel, EMC Corporation, Hopkinton

Scott D. Schafer, Esq.
Chief, Consumer Protection Division, Office of the Attorney General, Boston

Stephanie M. Zierten, Esq.
Deputy General Counsel, Information Technology Division, Commonwealth of Massachusetts, Boston

Image for Legislative News

Legislative News

House passes a Red Flags Rule bill

Following last week's action by the United States Senate, earlier this week the U.S. House of Representatives passed legislation that would exempt lawyers and other entities from the so-called "Red Flags Rule."

The Massachusetts Bar Association was actively opposed to the application of the Red Flags Rule to attorneys and voiced its concerns to the FTC.

The MBA, working with the American Bar Association, also communicated its concerns to members of Congress. Ultimately, the ABA filed suit in August following months of work seeking clarification of the rule and its application to lawyers.  The District Court for the District of Columbia ruled that the Federal Trade Commission's so-called "Red Flags Rule" cannot be applied to lawyers.

The Red Flags Rule was promulgated by the FTC under the Fair and Accurate Credit Transaction Act (FACTA Act) of 2003. The Red Flags Rule requires certain creditors to develop and implement programs to identify, detect and respond to warning signs of identity theft. The FTC had indicated plans to apply the rule to lawyers, despite the fact that they are not creditors.

 

Image for Toolkit
From left to right: MBA President Denise Squillante and Immediate Past President Valerie A. Yarashus.

MBA featured in an edition of The Legal ToolKit

Check out the "Inside the Massachusetts Bar Association" edition of Legal Talk Network's The Legal Toolkit, featuring MBA President Denise Squillante and Immediate Past President Valerie A. Yarashus with host Jared D. Correia, Law Practice Management Advisor with LOMAP.

Squillante and Yarashus discuss the challenges facing today's legal profession, diversity in the law, technology, mentoring opportunities and how the MBA is interacting with young lawyers across the commonwealth.

Listen to the podcast now.

This podcast is brought to you by Catuogno Court Reporting.

Image for Section news

Section News: Upcoming meetings and special section events

Labor Law open meeting

Sponsored by the Labor & Employment Section
Tuesday, Dec. 14, 12:30-2 p.m.
MBA, 20 West St., Boston

The Labor & Employment Section is proud to offer all Labor & Employment section members an opportunity to meet with Secretary of Labor and Workforce Development Joanne Goldstein on Tuesday, Dec. 14 at 12:30 p.m. at the MBA, 20 West St., Boston.

This meeting is a great opportunity to learn from Secretary Goldstein, a seasoned labor and employment lawyer, as well as a key cabinet member in the Patrick administration. Learn what clients can expect to be key developments and emerging trends in labor, employment, health care, and other key issues affecting how business will be conducted in Massachusetts.

To R.S.V.P., click here.

--------------------------------------------------------------------------------------------------------

Property Law Legal Chat Live program

Public Interest and the Intersection of Public and Private Land Rights

Tuesday, Dec. 14, 4-5 p.m.
MBA, 20 West St., Boston

A major multi-use development in Cambridgeport, waterfront property in Nantucket Harbor, and power lines for the Cape Wind project have all been the subject of judicial scrutiny because they involve land in which the public has rights under the Public Interest Doctrine.

The concept of the public rights in real property pre-dates the founding of the Commonwealth, and it continues to evolve and grow today. John Donnelly, assistant attorney general of the Office of the Attorney General Martha Coakley and Jamy Buchanan Madeja, Esq., of Buchanan & Associates will discuss the significance of these cases for landowners in coastal areas and the apparent increased interest in the rights of the public. The public has interests in great ponds as well as tidelands, and the speakers will discuss these rights as well.

To register, click here.

--------------------------------------------------------------------------------------------------------

Property Law Section Council meeting

Tuesday, Dec. 14, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Property Law Section Council is scheduled for Tuesday, Dec. 14 from 5:30 to 7 p.m. All section members are invited to attend.

To R.S.V.P., click here.

--------------------------------------------------------------------------------------------------------

Judicial Administration Section Council meeting

Wednesday, Dec. 15, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Judicial Administration Section Council will be held on Wednesday, Dec. 15 from 4:30 to 6 p.m. All section members are invited to attend.

To R.S.V.P., click here.

--------------------------------------------------------------------------------------------------------

Municipal Tax Law Practice Group open meeting

Wednesday, Dec. 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Municipal Tax Practice Group is Wednesday, Dec. 15 from 5:30 to 7 p.m.The group will host two prominent members of the Massachusetts real estate appraisal community, Donald Bouchard, MAI, of Lincoln Properties and Emmet Logue, MAI, of NAI Hunneman. The guest speakers will address the group on current real estate market conditions. Both Bouchard and Logue have testified extensively at the Appellate Tax Board.

To R.S.V.P., click here.

--------------------------------------------------------------------------------------------------------

Probate Law Section Council meeting

Wednesday, Dec. 15, 5-6:30 p.m.
MBA, 20 West St., Boston

The Probate Law Section Council will hold its next meeting on Wednesday, Dec. 15 from 5 to 6:30 p.m. All section members are invited to attend.

To R.S.V.P., click here.

LPM Tip

Logo

Market yourself from your desktop

It is now possible to deliver legal services, communicate with clients and even market yourself right from your desktop. Voice recognition software and a good practice management system can take the place of a secretary, a billing clerk/bookkeeper and a marketing assistant (at least to some extent). The problem with technology, however, is that it can become a real time sink. This is particularly true if you are enjoy technology and like being an early adopter.  

Reinventing the wheel certainly make sense sometimes. The key, however, is to balance the opportunity to increase your efficiency against the time it will take to get the new software working properly and the time it will take to get accustomed to the new way of doing things. Undoubtedly, any switch you make will slow you down initially -- until you learn how to use the new software. So try not to incorporate new technology into your practice more than once or twice a year and when you do, try to make the conversion when you are slow. And don't forget to budget in time for ironing out the kinks and learning how to use your new tools.

The tip is courtesy of Stephen Seckler of Seckler Legal Coaching.

Published December 9, 2010

--------------------------------------------------------------------------

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 Andrea Goldman or Phil Taylor.
Image for News from the courts

News from the courts

U.S. Appeals Court seeks comments on attorney discipline rule change

The U.S. Court of Appeals for the First Circuit has proposed an amendment to Rule VII of the Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit.

The rule is being modified so that reinstatement is not automatic after a suspension period has run, but rather, a petition for reinstatement is required.

The proposed amendment can be found under the "What's New" section at www.ca1.uscourts.gov/. Deletions are indicated in strike-out print and additions are indicated in italic print.

The Court of Appeals invites public comments on the proposed amendment, which should be submitted by Jan. 14 to:

Office of the Clerk
U.S. Court of Appeals for the First Circuit
United States Courthouse
1 Courthouse Way, Suite 2500
Boston, MA 02210

 

Upcoming CLE seminar and program schedule

Register for the upcoming seminar "'Tis the Season: Handling Snow and Ice Cases" on Dec. 15

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. Scroll down for program details, including dates and registration details.

Recorded program Recorded session available for purchase after live program through MBA On Demand.

Live program Real-time webcast available for purchase through MBA On Demand.

DECEMBER CLE PROGRAMS

Legal Chat: Relationship Building During the Holiday Season and Beyond Live program
Friday, Dec. 10, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.

Legal Chat: Public Interest and the Intersection of Public and Private Land Rights Live program
Tuesday, Dec. 14, 4-5 p.m.
NOTE: There is no on-site attendance for Legal Chats.

'Tis the Season: Handling Snow and Ice Cases Recorded program
Wednesday, Dec. 15, 4-7 p.m.
MBA, 20 West St., Boston


Legal Chat: Traps for the Unwary Live program
Friday, Dec. 17, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.

December 2010/January 2011 CLE BrochureNOTE: The MBA CLE brochure will no longer be mailed to MBA members, but will continue to be featured online on a monthly basis. Online registration for CLE programs is quick and simple.

Click here to view the brochure and register for an upcoming program.

---------------------------------------------------------------------------------------------------------

MBA On Demand in line

Unable to attend these seminars? Purchase the recorded session available after the live program through MBA On Demand and watch the presentation from the comfort of your home or office.

To view a listing of current programs offered on MBA On Demand, click here.

 

 

Image for Legal Chats

Upcoming free Legal Chats

Relationship Building During the Holiday Season and Beyond, Dec. 10; Public Interest and the Intersection of Public and Private Land Rights, Dec. 14; Traps for the Unwary, Dec. 17

Interested in attending real-time, interactive webcasts you can watch, and participate in, from the comfort of your home or office? Register now for upcoming Legal Chats.

NOTE: There is no on-site attendance available for Legal Chats. If you are unable to participate virtually, the recorded version of the program will be available at www.MassBar.org/OnDemand, after the program takes place.

Relationship Building During the Holiday Season and Beyond Live program

Friday, Dec. 10, noon-1 p.m.

Whether you are in a job hunt or looking to grow your law practice, building a strong professional network is critical to your success. At the same time, December is a challenging month for anyone who is unemployed. It is also a slow month for generating new work. At this session, Stephen Seckler shares with you some of the fundamentals of building productive business relationships. Seckler suggests some ways to make the most of the holiday season so that you have good momentum moving into the new year.

Seckler is a marketing coach who has spent his whole legal career helping lawyers who want to get more from their careers.

Click here to register.
---------------------------------------------------------------------------------------------------

Public Interest and the Intersection of Public and Private Land RightsLive program

Tuesday, Dec. 14, 4-5 p.m.

A major multi-use development in Cambridgeport, waterfront property in Nantucket Harbor, and power lines for the Cape Wind project have all been the subject of judicial scrutiny because they involve land in which the public has rights under the Public Interest Doctrine.

The concept of the public rights in real property pre-dates the founding of the Commonwealth, and it continues to evolve and grow today. John Donnelly, assistant attorney general of the Office of the Attorney General Martha Coakley and Jamy Buchanan Madeja, Esq., of Buchanan & Associates will discuss the significance of these cases for landowners in coastal areas and the apparent increased interest in the rights of the public. The public has interests in great ponds as well as tidelands, and the speakers will discuss these rights as well.

Click here to register.
---------------------------------------------------------------------------------------------------

Traps for the UnwaryLive program

Friday, Dec. 17, noon-1 p.m.

Even the most talented and diligent attorneys can be subject to a malpractice claim despite the fact that the action is without merit. It is imperative that attorneys learn what areas of practice are impacted most by malpractice claims, the reasons these claims happen, and how to reduce the risk.

Click here to register.

 


 

 


©2014 Massachusetts Bar Association