e-Journal
12-16
Johnson receives MBA Community Service Award
Attorney Marshall E. Johnson, a Plymouth practitioner, received
the MBA Community Service Award at the Plymouth County Bar
Association's annual meeting on Dec. 9.
The MBA Community Service Award is given to attorneys who have
made important public service contributions to their communities
and to publicize the fact that members of the legal profession are
caring, involved individuals, eager to use their legal skills for
the betterment of society.
"My brief remarks this evening can't possibly provide the
appropriate context for how much Marshall devotes his time and
expertise for the greater good," said MBA President Denise
Squillante, who praised Johnson's dedication to the legal
community.
A member of the MBA since 1980, Johnson has served as a judge for
the MBA's Statewide Mock Trial Program. In addition to his work
with the MBA, Johnson is credited with increasing Plymouth District
Bar Association attendance at meetings, resurrecting the bar's
scholarship program, establishing the Frank Powers Memorial Public
Service Award and publishing an annual membership directory.
Dedicated to the Plymouth County legal community, Johnson
generously donates at least 12 days a year, six each to Plymouth
and Brockton, as a participant in the Plymouth County Probate &
Family Court Lawyer of the Day Project, a program he has been
involved in for the past 12 years. In addition, Johnson is a member
of the Pilgrim Bar Advocates Program -- aptly handling 10 to 15
court-appointed cases per year on behalf of indigent clients.
Davis Malm & D’Agostine will match your year-end gift to the Mass. Bar Foundation
Donate $50 to the MBF between now and Dec. 24 and the law firm of Davis Malm & D'Agostine will match your gift dollar for dollar
For those living on the margins, legal assistance can be a
crucial first step toward a hopeful future, whether it be a
young family facing eviction from their home, a domestic violence
victim in need of safe shelter, or a parent seeking access to
services to help a child with special needs.
For over 45 years, generous contributions from attorneys and
judges across the state have helped the Massachusetts Bar
Foundation to carry out its mission of funding legal aid to the
poor. This year, these efforts are particularly critical in light
of the funding crisis facing the legal aid community due to the
dramatic decrease in IOLTA funding.
Please help by making a gift during the Massachusetts Bar
Foundation's annual fund drive. Knowing that it will take teamwork
to keep legal aid strong, Davis Malm &
D'Agostine has
offered to increase the impact of your donation by matching
your gift, up to $50. Please take advantage of this
generous offer and make a gift today
The Massachusetts Bar Foundation is a charitable, nonprofit
organization under IRS code 501(c)(3). All contributions are
tax-deductible to the full extent of the law. Receipts are issued
for all gifts.
For more information about the Massachusetts Bar Foundation,
visit our Web site.
Attend the New England Mortgage Expo 2011
MBA members who register by Dec. 20 can attend for free, saving $45
Interested MBA members are invited to the New England Mortgage
Expo 2011 on Friday, Jan. 14 at the MGM Grand at Foxwoods in
Connecticut. The New England Mortgage Expo is the nation's largest,
most inclusive regional mortgage conference. The MBA is an event
partner for the expo.
Attendees will be able to interact with over 80 exhibitors, top
industry speakers and more. Click here for a preliminary agenda and list of
exhibitors.
MBA members who register by Monday, Dec. 20 can attend the
expo for FREE, saving $45. Your complimentary registration
includes admission to all education sessions (except separately
ticketed continuing education courses), admission to exhibit hall,
breakfast, buffet lunch, coffee, tea and dessert.
Click there to register today.
For more expo information, click
here.
LPM Tip

Source material: Directed resources for Massachusetts Data Privacy Compliance
Just because the year is coming to an end, and you're all
excited to make those New Year's resolutions, that does
not mean that you should forget entirely about 2010. In
this case, you'll want to remember one of the more important legal
developments from this year: the Massachusetts data privacy laws
and regulations became effective March 1, 2010.
If you have not yet reached compliance with the new rules, or if
you want to make sure that you're doing it right, you can access
information directly from the commonwealth:
The Massachusetts Attorney General's Office has a
page dedicated to identity theft on its Web site, including
related links, most helpfully to the Attorney General's Guide on Identity Theft for
Victims and Consumers. Also available is a page covering
Guidance for Businesses on Security Breaches
with relevant links and sample documents.
Similarly, the Office of Consumer Affairs and Business
Regulation has created a page that offers useful information
for businesses related to identity theft. There, you'll find a number of
helpful PDF documents, including a Small Business Guide for Formulating a
Comprehensive Written Information Security Program and the
201 CMR 17.00 Compliance Checklist, and a
scroll for news and updates related to Massachusetts data privacy.
OCABR also provides consumer-focused information here, as does the Attorney General's Office
does, if you're looking for that side of the story.
Tip courtesy of Jared Correia, Law Practice Management
Advisor, Law
Office Management Assistance Program.
Published December 16, 2010
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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 Andrea
Goldman or
Phil
Taylor.

Top: The MBA partners with the American Red Cross for a holiday blood drive.
Bottom: Noreen Nardi, executive director of the Hampden County Bar Association, donates blood.
Photos by Pat Plasse.
MBA sponsors holiday blood drive in Western Mass.
This holiday season, the Massachusetts Bar Association once
again joined forces with the American Red Cross to hold a blood
drive at its Western Mass. office in Springfield. On Dec. 14,
dozens of members donated blood, helping the Red Cross collect 20
pints, which will end up helping up to 60 patients in need.
This year's blood drive was co-sponsored by Alekman
DiTusa, LLC, Attorneys at Law; Century Investment
Company; Hampden County Bar Association;
and Hampden County Hall of Justice.

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.
Upcoming CLE seminar and program schedule
Check out January programming

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 session available for
purchase after live program through MBA On Demand.
Real-time webcast available for purchase
through MBA On Demand.
JANUARY CLE PROGRAMS
Story Telling Roundtable 
Wednesday, Jan. 12, noon-1:30 p.m.
MBA, 20 West St., Boston
Scientific Trial Preparation
Roundtable 
Thursday, Jan. 13, noon-1:30 p.m.
MBA, 20 West St., Boston
Complex Issues and Emerging Trends in Class Action
Litigation 
Thursday, Jan. 13, 4-7 p.m.
MBA, 20 West St., Boston
Mark your calendars -- Legal Chat: January is Job Search
Month 
Friday, Jan. 14, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Mark your calendars -- Legal Chat: January is Job Search
Month 
Friday, Jan. 21, noon-1 p.m.
NOTE: There is no on-site attendance for Legal
Chats.
Basics of Developing an Estate
Plan
Tuesday, Jan. 25, 4-7 p.m.
Western New England College School of Law, 1215 Wilbraham Road,
Springfield
Attorney's Fees in Probate Administration and
Litigation 
Tuesday, Jan. 25, 4-7 p.m.
MBA, 20 West St., Boston
Resolving Disputes Among Closely Held
Businesses 
Thursday, Jan. 27, 4-7 p.m
MBA, 20 West St., Boston
Mark your calendars -- Legal Chat:
January is Job Search Month 
Friday, Jan. 28, noon-1 p.m.
NOTE: There is no on-site attendance for Legal
Chats.
SAVE THE DATE
Creative Ways to Use Your Law Degree
Conference 
Thursday, Feb. 17, 8:30 a.m.-5:30 p.m.
Lombardo's, 16 Billings St., Randolph
NOTE: 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.
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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.

Attendees participate in the Dec. 9 Young Lawyers Division Holiday Open House.
Photos by Wendy Quinn and Kelsey Sadoff.
Young Lawyers Division Holiday Open House draws a crowd
Dozens of young attorneys attended the Young Lawyers Divison
Holiday Open House at the Massachusetts Bar Association in Boston
on Dec. 9.
Attendees enjoyed cocktails and hors d'oeuvres, while
participating in ice breaker trivia games. The Young Lawyers
Division also hosted a toy drive to benefit The Home for
Little Wanderers in conjunction with the event and more
than 30 items were donated.
Click
here to view event images.
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. 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
Featured member benefit: FedEx® shipping services
Looking for reliable and cost-effective shipping for the holidays?
Massachusetts Bar Association members are now eligible to
receive valuable discounts of up to 26 percent on select FedEx®
shipping services. There are no costs and no minimum shipping
requirements to take advantage of this great member benefit.
MBA members can save:
- Up to 26 percent on select FedEx Express® services;
- Up to 20 percent on select FedEx Express® international
services;
- Up to 12 percent on select FedEx Ground® services; and
- Up to 10 percent on select FedEx Home Delivery® services.
For more information or to enroll in the FedEx Advantage
Program, click here or call 1-800-MEMBERS
(1-800-636-2377, 8 a.m.-6 p.m. EST, Monday through Friday).
Valid MBA membership required.
Section News: Upcoming meetings and special section events
General Practice, Solo & Small-Firm Section Legal Chat: Traps for the Unwary; Law Practice Management Section Council meeting; Labor & Employment Section Council meeting; Criminal Justice Section Council meeting; Business Law Section Council meeting; Juvenile &Child Welfare Section Council Bench-Bar meeting; Individual Rights & Responsibilities Section open meeting
General Practice, Solo &
Small-Firm Section Legal Chat 
Traps for the Unwary
Friday, Dec. 17, 11
a.m.-noon
NOTE: There is no on-site attendance for Legal
Chats.
Even the most talented and diligent attorneys can be subject to
a malpractice claim despite the fact that the action is without
merit. Terry Welsh, president of the MBA Insurance Agency, will
discuss why 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.
NOTE: The time of this Legal Chat has been changed and will
now run from 11 a.m. to noon instead of noon to 1 p.m. Can't
participate in the program at 11 a.m.? Watch the recorded version
of the Legal Chat via MBA On Demand.
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Law Practice Management Section
Council meeting
Monday, Dec. 20, 5:30-7
p.m.
Law Office of Andrea Goldman, 305 Walnut St., Newtonville
The next meeting of the Law Practice
Management Section Council is scheduled for Monday, Dec. 20 from
5:30 to 7 p.m. at the Law Office of Andrea Goldman in Newtonville.
All section members are invited to attend.
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Labor & Employment Section
Council meeting
Tuesday, Dec. 21, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Labor &
Employment Section Council is scheduled for Tuesday, Dec. 21 from
4:30 to 6 p.m. All section members are invited to attend.
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Criminal Justice Section Council
meeting
Tuesday, Dec. 21, 6-7:30
p.m.
Committee for Public Counsel Services, 340 Main St., Suite 725,
Worcester
The next meeting of the Criminal
Justice Section Council is scheduled for Tuesday, Dec. 21 from 6 to
7:30 p.m. All section members are invited to attend.
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Business Law Section Council
meeting
Tuesday, Dec. 21,
6-7:30 p.m.
MBA, 20 West St., Boston
The next meeting of the Business Law
Section Council will be held on Tuesday, Dec. 21 from 6 to 7:30
p.m. All section members are invited to attend.
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Juvenile &Child Welfare Section
Council Bench-Bar meeting
Wednesday, Jan. 12, 4-6
p.m.
Massachusetts School of Law, 500 Federal St., Andover
The MBA's Juvenile and Child Welfare
Section Council is sponsoring this Bench-Bar Presentation at the
Massachusetts School of Law in Andover. This meeting is free to all
attorneys interested in the practice of Juvenile & Child
Welfare law. The program will be moderated by Peter A. Hahn, chair,
Juvenile and Child Welfare Section Council. Panelists include: Hon.
Jay David Blitzman, first justice, Middlesex County Division,
Juvenile Court; Hon. Sally F. Padden, first justice, Essex County
Division, Juvenile Court; and James Morton, case manager, Juvenile
Court Department.
This second presentation will focus on the Standing Order for
Care and Protection Trials, implementation of new law for
young adults (ages 18-22) in DCF custody, and the Youth Advocacy
Department's expansion in Somerville, Lowel and Salem.
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Individual Rights &
Responsibilities Section open meeting
What's Bullying? Emerging Trends in
Civil And Criminal Law as to the Anti-Bullying Law
Wednesday, Feb. 9, 4-6
p.m.
MBA, 20 West St., Boston
The Individual Rights & Responsibilities Section Council is
sponsoring an open meeting for MBA members on Wednesday, Feb. 9
from 4 to 6 p.m. at the MBA, 20 West St., Boston, on the topic of
bullying. What's Bullying? Emerging Trends in Civil And
Criminal Law as to the Anti-Bullying Law is designed to
educate lawyers on the recently passed anti-bullying legislation
and how it will affect victims and potential clients, including
individuals, schools and municipalities. Attendees will learn how
individuals and others are affected. Frank A. Smith
III, Individual Rights & Responsibilities Section vice
chair, will moderate the discussion. Guest speakers include:
Hon. Bettina Borders, first justice, Bristol
County Juvenile Court, Hon. Mary Dacey White,
associate justice, Lynn District Court, attorney Richard
Cole, attorney John Davis and
Arline Isaacson, co-chairwoman of the
Massachusetts Gay and Lesbian Political Caucus.
Discussion topics will include:
- Model bullying prevention and intervention plans;
- Academic and non-academic activities and who is affected;
- Practices and procedures for reporting and responding to
bullying and retaliation; and
- Role of the court and lawyer.