e-Journal

02-11

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Register for the MBA Annual Conference 2010

New programming includes a plenary session on how to "Protect Your Firm and Client Information: Compliance with the New Massachusetts Data Privacy Laws."

"Achieving a Competitive Advantage in Changing Times" is the theme of the Massachusetts Bar Association's spring Annual Conference. MBA AC10 will take place on Thursday, March 11 and Friday, March 12 at the Westin Copley Place in Boston.

New symbolThe MBA is pleased to announce new CLE programming which includes a plenary session on how to Protect Your Firm and Client Information: Compliance with the New Massachusetts Data Privacy Laws on Thursday, March 11 beginning at 9 a.m.

Massachusetts has set its course for the strictest data privacy regulation in the country. Starting on March 1, 2010, protection of your clients' data will become your affirmative duty.  Don't risk a breach later. Prepare to prevent breach now by learning the nutshell view of the Massachusetts Data Privacy Regime; how the law will be enforced, tools for technical compliance with prevailing laws and regulations, and a panel discussion of key questions.

Join us for this informative session as our panel of experts cover the data privacy statute, the data privacy code provisions,  released guidance from the Office of Consumer Affairs and Business Regulation and the tools necessary to comply with the new rules.

Specific programming includes:

9:15 a.m. What is the Data Privacy Act?

David M. Felper, Esq., Bowditch & Dewey LLP, Worcester

9:50 a.m. It's Lost, Now What?

Scott D. Schafer, Esq., Office of the Attorney General, Boston

10:25 a.m. Key Tools to Prevent a Breach

Blake Martin, CIO IT director, Sten-Tel, Inc., Springfield

11:15 a.m. Panel Discussion

Daniel Crane, Esq., Daniel C. Crane, Attorney at Law, Cambridge; Kurt Baumgarten, vice president of Information Security, Peritus Security, East Longmeadow

Click here for a full conference schedule, including conference faculty and to learn how to earn credit on Massachusetts professional liability insurance.

The conference includes the MBA Gala Dinner on Thursday, March 11 featuring a keynote address from Morris Dees, founder and lead trial counsel for the Southern Poverty Law Center and the presentation of the MBA's Legislator of the Year Award to Massachusetts State Sen. Cynthia Stone Creem.

In addition to the plenary session on the Massachusetts Data Privacy Laws, Annual Conference 2010's CLE programming will include two continuous tracks on law practice management and recent developments, as well as two additional plenary sessions. The Access to Justice Awards Luncheon will be held on Friday, March 12.

Registration:
Click here to register for the MBA's 2010 conference online. For a printable PDF outlining sponsorship opportunities and table reservation information, click here. For additional information call (617) 338-0530.

The MBA has a limited room block available at the Westin. Click here to reserve a room. Room rates are $249 per night through Feb. 10, 2010.
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Top left: Gabriel Cheong presents during the closing panel of the conference
Middle left: Nearly 150 attended the Jan. 28 conference
Bottom left: (Left to right) Michael Zafiropoulos, Alan Klevan, John Morrissey and R. Lindsay Wilson II
Right: Carlyn Carey (left) and Aida Abbound Gennis (right)

Photos by Tricia Oliver.

Popular “How to” Conference draws record attendance

Recorded conference now available through "MBA On Demand"

Nearly 150 Massachusetts attorneys attended "How to Start and Run a Successful Solo or Small-Firm Practice" held on January 28 at Lombardo's in Randolph. The MBA last presented this popular full-day conference in 2007. In addition to its presentation in late January, the recorded conference is now available for purchase through "MBA on Demand."

The nuts and bolts of launching one's own firm were covered. Participants learned the mechanics of setting up a firm or solo practice, the logistics of running it and best practices to successfully market it.

Those MBA members who were not able to attend on Jan. 28 can purchase the recorded conference as a whole, or by session. Click here to purchase "How to Start and Run a Successful Solo or Small-Firm Practice" and related offerings through MBA on Demand.

NOTE: Due to high interest in MBA On Demand, you may experience connectivity issues when attempting to view an On Demand product. Please be patient and try the link again.

Program faculty was led by conference co-chairs Marc L. Breakstone and David W. White Jr. of Boston's Breakstone, White and Gluck. White, a past president of the MBA, described attendees in the audience as "enthusiastic" and mentioned that the conference was covered on Twitter (#startandrun2010) as it took place.

Other featured faculty included attorneys William Bogaert, Gabriel Cheong, Rodney Dowell, Andrea Goldman, Alan Klevan, B.J. Krintzman and Denise Murphy, as well as MBA Insurance Agency President Terence Welsh.

Following the day's educational offerings, attendees took advantage of a reception sponsored by the MBA's General Practice, Solo & Small Firm Section. At the reception, attendees reflected on what they gained from the CLE offering.

Cheong was an audience member when "How to Start and Run" was offered in 2006. "I still have the book," he said. When preparing for the 2010 conference as a member of its faculty, Cheong noted that those three years have brought drastic changes.

"It's different," said Cheong, noting that it's increasingly cheaper to establish one's own firm. "You can definitely open a firm on a shoestring budget," unlike before. "If you want to start a solo practice, anyone can do it; but, it is not for everybody," he added. Cheong was sworn in to the bar in 2007. On the day of his admittance ceremony, he started his law practice.

Many less tech-savvy conference goers gained much from Cheong and the other presenters. A variety of circumstances led them to the conference.

The "How to Start and Run" conference came highly recommended to John Morrissey from past participants. After 17 years in a Boston-based firm, Morrissey and three colleagues are opening a new small firm in Braintree. With his "fresh start," he thought it was best to learn from the conference and "do it right."

Morrissey has found technology the hardest obstacle as he plans for his small firm's opening in the coming months. So, he paid close attention to the recommendations presented by Cheong, Breakstone, White and others.

Morrissey, who lives in Hingham, cited work-life issues as the driving force for the professional change. He is looking forward to soon shedding his three-hour round-trip commute to and from Boston in exchange for more time spent with his daughters, including coaching his 11-year-old's softball team.

In addition to those attendees from the Boston area, the conference drew participants from well-beyond the Route 128 belt. One such attorney was Vittorio Coppa, now with Coppa Law Group in Holyoke, MA. Coppa used to work for WestLaw and was interested in attending this program to learn how to best continue to grow his recently launched "virtual office." Coppa found the conference to be a "very professional program that covered all areas in which I had concerns or questions."

Specifically, Coppa paid close attention to the marketing aspects of the program. He will be enlisting suggestions gained at the conference as he applies his customer service skills honed at WestLaw to build his law firm client base in Western Massachusetts.

In addition to practitioners, the event drew law students eager to obtain a competitive advantage over their peers following graduation. One such student is Sakib Khan, a third-year law student at Boston College Law School, who will take the bar exam in July.

Khan explained that the conference addressed the "big mysteries" of establishing one's own firm. Khan took careful notes on the policy and regulatory portions of the conference, including the segment that covered the new data privacy regulations. "I now know what I need to be thinking about," said Khan.

Law student Ryan Menard also found the program to be "very helpful, informative and practical." Menard attends Northeastern University School of Law and will receive his law degree in 2011.

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Clockwise from top left: MBA Acting Executive Director and General Counsel Martin W. Healy and MBA Past Presidents Wayne A. Budd, Leo V. Boyle and Michael E. Mone Sr.

MBA's Healy named to Massachusetts Lawyers Weekly's "The Power List"

Massachusetts Bar Association General Counsel and Acting Executive Director Martin W. Healy and three past presidents were named to "The Power List" published in the Dec. 28 issue of Massachusetts Lawyers Weekly. The MBA past presidents include Leo V. Boyle (1990-91), Wayne A. Budd (1979-80) and Michael E. Mone (1993-94).

Counsel of the largest statewide bar association for more than 20 years, Healy is one of 81 on the roster of the state's most influential attorneys. He was named "the person to see" about getting lawyer-friendly legislation passed on Beacon Hill.

"Marty Healy was an easy choice for our Power List," said David L. Yas, publisher of Massachusetts Lawyers Weekly. "With his professional, likable style, Marty has built a countless number of relationships on Beacon Hill in advocating for attorneys. In lawyer circles, he's the one guy to go to when you want the law changed. That spells respect, and it spells power."

In addition, Lawyers Weekly highlighted key accolades of Boyle, Budd and Mone:

  • Leo V. Boyle, Meehan, Boyle, Black & Bogdanow, Boston - Renowned for his Association of Trial Lawyers of America bar leadership after 9/11; runs highly respected plaintiffs' firm in Boston and recently won settlement for victims of the Big Dig collapse.
  • Wayne A. Budd, Goodwin Procter, Boston - Former U.S. attorney is known to rub shoulders with Barack Obama; decision-maker at state's largest law firm.
  • Michael E. Mone Sr., Esdaile Barrett - Long a key legal insider, was recently tapped to lead search committees for U.S. attorney and U.S. marshal; represents lawyers and judges in disciplinary matters, including former Judge Ernest Murphy.

Lawyers Weekly consulted with attorneys, judges, political figures and others to create a list of the state's most powerful practitioners. Among the noted attorneys are Gov. Deval L. Patrick, U.S. Reps. William D. Delahunt and Barney Frank, Attorney General Martha Coakley, Secretary of State William F. Galvin and Supreme Judicial Court Chief Justice Margaret H. Marshall.

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February issue of Lawyers Journal available

The February issue of Lawyers Journal profiles Judge Angela M. Ordoñez of Norfolk Probate and Family Court in the Volunteer Spotlight. Ordoñez was recently named co-chair of the MBA's Diversity Task Force.

The issue also includes:

  • Part one of a series on complying with the state's new data privacy regulations;
  • News about Gala Dinner keynote speaker Morris Dees, a groundbreaking civil rights lawyer and co-founder of the Southern Poverty Law Center;
  • A look at the debate over the value of diversity on the bench in the wake of the Sotomayor controversy; and
  • Legislative coverage, including Gov. Deval Patrick's appearance at Walk to the Hill and MBA testimony on medical malpractice reform.
Click here to read the February Lawyers Journal.
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Photograph by Bill Archambeault
MBA Secretary Jeffrey N. Catalano, foreground, testifies before the Joint Committee on the Judiciary.

Catalano testifies on medical malpractice reform

Massachusetts Bar Association Secretary Jeffrey N. Catalano testified at a Statehouse hearing on Jan. 28 before the Joint Committee on the Judiciary regarding various medical malpractice bills.

Catalano, a partner at Todd & Weld LLP in Boston, testified against House Bill 1332, otherwise called the "apology bill."

The bill, in part, would make any apology or expression of sympathy or regret by a doctor or health care worker to a patient or their family inadmissible at trial. However, the bill also excludes from evidence any acknowledgement of "mistake or error." Thus, a health care provider could admit a mistake to the patient, but then later vigorously defend his or her actions in court.

"The MBA is not opposed to letting doctors apologize and not holding that against them," Catalano told the committee. "In fact, there is a statute that presently allows health care providers to do so without having it used against them. The problem is that the proposed legislation is a wolf in sheep's clothing. It would impose yet another obstacle for patients in getting to the truth."

Hospital records by themselves can be inadequate in establishing what happens to patients, Catalano said, and the information provided by doctors and nurses can be crucial to clarifying how mistakes were made and by whom.

Catalano also spoke in favor of House Bill 1573, which would amend Section 85K of Chapter 231 to increase the liability limit of hospitals from $20,000 to $500,000.

"The injustice this cap does is hard to describe," he said. "The amendment to this statute is long overdue."

The MBA also submitted written testimony regarding a number of tort reform bills.

For the full article on Catalano's testimony, look in the February Lawyers Journal.

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MBA section news

Property Law Section Council Meeting; General Practice, Solo & Small-Firm Section Council open meeting; Criminal Justice Section open meeting; Municipal Tax & State Tax Practice Groups; Public Law Section Council open meeting

Property Law Section Council Meeting

Tuesday, Feb. 16, 5:30-7 p.m.
MBA, 20 West St., Boston

The Property Law Section Council is sponsoring a meeting on Tuesday, Feb. 16 at 5:30 p.m. at the MBA, 20 West St., Boston.

Jared D. Correia, Esq. of the Law Office Management Assistance Program, Boston, will speak on the new Data Privacy requirements at 6 p.m. Correia will address the need to have a written information security program in place by March 1, 2010 for every person that has personal information about a resident of the Commonwealth - a requirement which affects most real estate attorneys.

The Property Law Section will then have a brief business meeting, and all section members are welcome to contribute and bring in new ideas for discussion by the Property Law Section.

To R.S.V.P, click here

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General Practice, Solo & Small-Firm Section Council open meeting

How to reach the next level in marketing your law firm

Monday, Feb. 22, 5:30-7 p.m.
MBA, 20 West St., Boston

Have you seen a decline in referrals and business due to the recession? Have you been looking for a way to take your marketing to the next level? Join the General Practice, Solo & Small-Firm section along with the Law Practice Management section in an open meeting where Gabriel Cheong, Infinity Law Group LLC will discuss ways to market online and in print effectively. He will also touch upon how to hire a good marketing consultant and not be taken for a ride.

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

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Criminal Justice Section open meeting

Tuesday, Feb. 23, 5:30-7 p.m.
MBA, 20 West St., Boston


The Criminal Justice Section Council is sponsoring an open meeting on featuring Middlesex County District Attorney Gerry Leone as the guest speaker. All section members are invited to attend.

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

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Municipal Tax and State Tax Practice Groups

Thursday, March 4, 5-6:30 p.m.
MBA, 20 West St., Boston

The Municipal Tax Practice Group and State Tax Practice Group are sponsoring a joint open meeting featuring guest speaker Thomas W. Hammond Jr., chairman of The Appellate Tax Board.  Please save this date - more information regarding this meeting will be announced in the future.

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

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Public Law Section Council
open meeting

Tuesday, March 9, 5:30-7 p.m.
MBA, 20 West St., Boston

Senate Counsel Alice Moore and Administration and Finance Counsel David Sullivan will discuss the legislative process and how public attorneys can effectively interact with counsel at the state house.  Attorneys Moore and Sullivan will review the "mysteries" of the legislative and executive branches as to how a bill advances on the hill, from filing to committee assignment, committee hearings, votes by the two branches of the legislature, reconciliation, final passage and approval by the Governor. They will give pointers on pitfalls to avoid when drafting legislation, effective presentations to legislative committees, and how to assist your clients in the legislative process. They will also review the procedures and pitfalls for requesting special legislation for cities and towns, and discuss policies and executive orders that affect special legislation.

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

Upcoming CLE seminar and program schedule

Register for the "How to Use the Mortgage Discharge Statute to Improve Your Real Estate 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. To download a PDF of the January/February CLE brochure, click here.


MBA On Demand CLE in JanuaryThis week's highlighted programs include:

  • How to Use the Mortgage Discharge Statute to Improve Your Real Estate Practice
  • Distressed Property Bootcamp Session III - Title Issues and Title Insurance
  • Business Development: The Art of Networking
  • Probate/Property Series Part II: Petition to Partition - A Probate & Property Perspective
  • Basics of Developing an Estate Plan
  • MBA Annual Conference 2010
  • Casemaker Webinars

Scroll down for program descriptions, dates and registration details.

FEBRUARY CLE PROGRAMS

How to Use the Mortgage Discharge Statute to Improve Your Real Estate Practice
Tuesday, Feb. 16, 4 - 7 p.m.
Registry of Deeds, 90 Front St.,
Worcester

Distressed Property Bootcamp Session III - Title Issues and Title Insurance
Tuesday, Feb. 23, 5 - 7 p.m.
Western New England College School of Law, 1215 Wilbraham Road,
Springfield

Business Development: The Art of Networking
Monday, March 1, 11 a.m. - 12:30 p.m.
MBA, 20 West St., Boston

Probate/Property Series Part II: Petition to Partition - A Probate & Property Perspective
Tuesday, March 2, 4 - 7 p.m.
MBA, 20 West St., Boston

Basics of Developing an Estate Plan
Wednesday, March 3, 4 - 7 p.m.
Massachusetts School of Law, 500 Federal St., Andover

MBA Annual Conference 2010

Achieving a Competitive Advantage in Changing Times
Thursday, March 11 - Friday, March 12
Westin Copley Place, 10 Huntington Ave., Boston

The conference will include the MBA Gala Dinner on Thursday, March 11 featuring a keynote address from Morris Dees, founder and lead trial counsel for the Southern Poverty Law Center and the presentation of the MBA's Legislator of the Year Award to Massachusetts State Sen. Cynthia Stone Creem.

Annual Conference 2010's CLE programming will include plenary sessions as well as two continuous tracks on law practice management and recent developments. The Access to Justice Awards Luncheon will be held on Friday, March 12. Click here to learn how to earn credit on Massachusetts professional liability insurance and a full conference schedule, including a new plenary session on how to Protect Your Firm and Client Information: Compliance with the New Massachusetts Data Privacy Laws.

To register for the conference, click here. For more information on dinner and luncheon table reservations and sponsorships, click here or call (617)-338-0530.

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, which take place every other Tuesday.

  • Tuesday, Feb. 16, 11 a .m.
  • Tuesday, March 2, 11 a.m.
  • Tuesday, March 16, 11 a.m.
  • Tuesday, March 30, 11 a.m.

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

Featured member benefit: My Resources page

Log-in to the MBA Web site and check out the new way to customize and find relevant practice tools and information.

 

My Resources

Click here to view your "My Resources" page.

LPM Tip

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“Holy Credenza, Batman!”

If you are a solo or small firm and you haven't found a practice management software application to meet your needs and your budget, check out Credenza. This new application developed by Gavel & Gown Software Inc. has been developed as an Outlook add-in and quite frankly, it is pretty amazing! Granted, it is not a full blown, all encompassing practice management application, but it can do a lot.

Credenza will allow you to create a matter and link all documents, e-mail, appointments, notes, phone call records to the matter. From the matter tab you can view a chronological list of all of the items associated with the matter. When you install Credenza, it adds time tracking capabilities. Time entries can be electronically posted to your accounting system. The application also allows collaboration between three users. Credenza can produce reports, check conflicts, calculate dates, and more.

This is not a SaaS application. It is software which is downloaded and installed on your computer. The download and install process took less than five minutes. There is a fifteen-day free trial available and the ongoing cost is $9.95 per month. You may cancel your subscription at any time.

If you are searching for a management tool and use Outlook for your email, this product is worth a visit to their Web site. The site is excellent, providing explanatory videos, FAQ's and concise descriptions of Credenza's capabilities. As Robin would say, "Holy Credenza, Batman!"

This tip is courtesy of the State Bar of Michigan.

Published November 2, 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 Rodney Dowell.
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