e-Journal
01-21
Join the MBA at a fundraiser for the victims of the Haiti earthquake tomorrow
We have all witnessed the devastation
in Haiti caused by the earthquake. There are thousands of people in
Boston, including many of our colleagues in the legal community,
who have been directly affected by this tragedy as they have family
and friends residing in Haiti.
Please join the Massachusetts Bar Association at a fundraiser
tomorrow night to collect critically-needed funds for emergency
relief efforts in Haiti.
The fundraiser will take place at:
Maggiano's Little Italy
4 Columbus Ave., Park Square, Boston
Friday, Jan. 22, 5-7 p.m.
All funds raised shall be provided to Partners in Health. We
hope you, your colleagues and non-lawyers will attend. Please
circulate this invitation.
Other fundraiser sponsors include:
- Richard Gedeon Esq., Carney & Bassil, Boston
- J.W. Carney Jr. Esq., Carney & Bassil, Boston
- Janice Bassil Esq., Carney & Bassil, Boston
- Darly David Mevs Esq., Gilmartin, Magence & Ross LLP,
Boston
- Massachusetts Association of Criminal Defense Lawyers
- Massachusetts Black Lawyers Association
- Verrill Dana LLP
Register for the MBA Annual Conference 2010
Register on or before Friday, Jan. 29 to receive $50 off a Full Conference Pass
Annual Conference 2010
Thursday, March 11 -
Friday, March 12
Westin Copley Place, 10
Huntington Ave., Boston
"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.
Annual Conference 2010 will feature two concurrent CLE tracks,
the MBA Gala Dinner on Thursday, March 11 and the Access to Justice
Awards Luncheon on Friday, March 12. CLE programming includes:
Thursday,
March 11
- Noon: Registration
- 1-2:30 p.m.: President's Welcome and Plenary
Session
Social Media for Lawyers: How to Boost Your Practice and Avoid
Pitfalls
- 2:35-3:30 p.m.: CLE Breakout Sessions
(Concurrent sessions)
1. Recent Developments in Bankruptcy Law
2. Law Practice Management: Building Business in the Post-Crash
Economy Part I
- 3:35-4:30 p.m.: CLE Breakout Session
(Concurrent sessions)
1. Recent Developments in Real Estate
Law
2. Law Practice Management: Building Business in the Post-Crash
Economy Part II
- 4:35-5:30 p.m.: CLE Breakout Sessions
(Concurrent sessions)
1. Recent Developments in Employment Law
2. Law Practice Management: Building Business in the Post-Crash
Economy Part III
- 5:30 p.m.: Cocktail Reception
- 6:15 p.m.: Gala Dinner
Friday, March
12
- 7:30 a.m.: Registration and breakfast
- 8:30-9 a.m.: President's Welcome and Plenary
Session
Recent Developments in the Law Opening Remarks
Significant Legislative Developments in Massachusetts
- 9-9:50 a.m.: CLE Breakout Sessions
(Concurrent sessions)
1. Recent Developments in Juvenile Law
2. Law Practice Management: Avoiding Lawyer Meltdown
- 9:55-10:45 a.m.: CLE Breakout Sessions
(Concurrent sessions)
1. Recent Developments in Family Law
2. Law Practice Management: Alternatives to the Billable Hour
- 10:45-11:15 a.m.: Break featuring prize
giveaways
- 11:15-12:10 p.m.: CLE Breakout Sessions
(Concurrent sessions)
1. Recent Developments in Probate Law
2. Law Practice Management: From Paper to Pixels: The Paper LESS
Office Works, Paperless Doesn't
- 12:15-2:15 p.m.: Access to Justice Awards
Luncheon
- 2:15-3:10 p.m.: CLE Breakout Sessions
(Concurrent sessions)
1. Recent Developments in Personal Injury & Insurance
Law
2. Law Practice Management: Improving Your Efficiency with
$1,000
- 3:15-4:10 p.m.: CLE Breakout Sessions
(Concurrent sessions)
Recent Developments in Criminal Law
Law Practice Management: 60 Sites in 60 Minutes
- 4:15- 5:15 p.m.: Plenary Session
Building a Solid Foundation: Managing Law Practice Risk
Register on or before Friday,
Jan. 29 and take $50 off a Full Conference Pass. Click here
to register.
The Full Conference Pass
grants access to Thursday and
Friday CLE programming and includes a ticket to both
the Access to Justice Awards Luncheon and Gala
Dinner.
**Massachusetts lawyers who are MBA members can earn up to a 7.5
percent premium credit on Massachusetts professional liability
insurance offered by CNA through the MBA Insurance Agency. You can
earn a 5 percent premium credit by attending the Building a Solid
Foundation: Managing Law Practice Risk session plus one other
Recent Developments in the Law session. If more than one-third of
your firm's attorneys attend, you can earn up to a 7.5 percent
premium credit. This offer is valid for new and renewed lawyers'
professional liability insurance policies with an effective date of
Aug. 1, 2010 to July 31, 2011. This offer may not be combined with
any other malpractice prevention/CLE premium credits.
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.

From top to bottom:
Top left: Massachusetts Gov. Patrick (left) receives the MBF Great Friend of Justice Award from MBF President Joseph P.J. Vrabel.
Top right: (left to right) MBA President-elect Denise Squillante; Hon. Patricia Dunbar; Barbara M. Hyland.
From left to right: MBA At-Large Delegate and Education Committee Co-Chair Alan J. Klevan; MBA Acting Executive Director and General Counsel Martin W. Healy; Patrick's Chief Legal Counsel William “Mo” Cowan; MBF Holmes Fellow Francis Ford.
Some members of the 2010 MBF Board of Trustees with MBF Executive Director Elizabeth M. Lynch (back row, third from right).
Bottom left: (left to right) MBA Vice President Richard P. Campbell; MBA Past President David W. White Jr.; MBF Foundation Fellow Lisa Arrowood; MBA Secretary Jeffrey N. Catalano; Julie Schreiner-Oldham.
Bottom right: (left to right) MBA Immediate Past President Edward W. McIntyre; MBA Treasurer Robert L. Holloway Jr.; MBA At-Large Delegate and Education Committee Co-Chair Alan J. Klevan.
Photos by Jeff Thiebauth.
Gov. Patrick encourages efforts to assist those in need at MBF’s 45th Anniversary Gala Dinner
At the 45th Anniversary Gala Dinner of the
Massachusetts Bar Foundation on Jan. 14, Gov. Deval Patrick urged
the nearly 250 supporters on hand at Boston's Colonnade Hotel to
continue helping the state's neediest citizens obtain access to
justice.
Newly elected MBF President Joseph P.J. Vrabel commended Patrick's
commitment to public service and protection of civil rights and
legal aid funding in honoring him with the MBF Great Friend of
Justice Award.
"We recognize this governor for doing what he can to protect our
justice system," Vrabel said.
Patrick acknowledged the state's dire economic situation, pledging
that he would keep the needs of the court system in mind during the
budget process and do what he could to minimize cuts.
"We are in the worst economic downturn in 80 years, and it has
hurt a lot of people," he said. "I have felt, as I bet you do, that
so many people are still being left behind, that there is so much
unmet need."
Patrick extolled the work of the MBF in helping provide access
to justice to the needy. On the eve of Martin Luther King weekend,
he urged the audience to remember the slain civil rights leader's
example and serve others.
"Service is what we must all be about," Patrick said. "It seems
important to me that we come back to that sense of service, because
service is power."
Noting that the aggregate effort of many individuals can make a
significant difference, Patrick said, "State government has to do
all it can, but we as individuals all have to do what we
can."
Vrabel noted that "last year was an extraordinarily difficult
year," but the foundation still distributed $5 million to 107
nonprofit organizations, in part by drawing nearly $2.5 million out
of its stabilization fund to offset the decrease in monies supplied
by the Interest on Lawyers Trust Accounts (IOLTA) Grants
Program.
Vrabel said the MBF will probably need to dip into its savings
again this year to provide a consistent level of funding.
"We are prepared to do so to keep the level of our grants as high
as possible," he told the audience. "Please continue to stand with
us. Please continue to be generous in any way you can - with your
time and expertise, with your resources. There are so many in need,
and as lawyers, we know how important access to justice is and that
each one of us can play a valuable role in it."
With burgeoning demand and a shrinking pool of funds, MBF
Immediate Past President Laurence M. Johnson asked, "Where do we go
from here?" One plan, he said, is to broaden the MBF Fellowship
Program with three programs: The President's Circle Program,
Justice Circle for Annual Giving, and the Law Firm Partner
Program.
Johnson said he hoped that Massachusetts lawyers would continue a
proud tradition of generosity.
"The response of the bar to the Massachusetts Bar Foundation over
the 45 years since its founding has been extraordinary," he
said.
After Patrick spoke, the MBF premiered a 12-minute video
highlighting some of the people who have been helped by
organizations that receive MBF funds. The MBF will distribute the
video to advocacy groups, local bar associations and law firms, as
well as post it on its Web site. The MBF hopes to increase
understanding of its mission and demonstrate the ways that funds
can make a significant difference in people's lives.
"We were so thrilled that Legal Talk Network donated their time
and expertise to produce this video for us," said MBF Executive
Director Elizabeth Lynch. "It provides wonderful examples of the
work the MBF supports, and demonstrates the important role the
legal community plays in our efforts."
After the event, Vrabel said the severe recession had made the
perennial challenge of providing access to justice that much more
difficult.
"So many more people are in need," he said. "The difficult part of
the economy is that everybody expects us to cut back, and we just
can't. The sad part is that every year, more and more people need
our help."
Featured member benefit: MBA Section/Division Open House
Join us at this FREE event to learn how to become involved in the MBA's 17 sections and Young Lawyers Division, Jan. 25

Interested in volunteering to become a Mock Trial Judge?
Give two hours of your time and participate in the MBA's 2010 Mock Trial Program
Would you like to hear an interesting
case presented by two incredible high school teams in your
community? If so, please volunteer for the Massachusetts Bar
Association's 2010 Mock Trial Program, proudly sponsored again this
year by the law firm of Brown Rudnick.
The 2010 Mock Trial Tournament begins next Monday, Jan. 25. Please
help us fill open trial dates on our schedule.
We encourage you to visit the Mock Trial Web site to view a listing of open
trial dates and sign-up. As always, we will be updating the
schedule frequently, so please check the Web site often.
While we are seeking judges for all
open dates on our schedule, we are especially seeking to fill the
remaining trials during the first week of the tournament, which
include:
- Falmouth District Court: Thursday, Jan. 28, 1
p.m.
- Haverhill District Court: Thursday, Jan. 28,
1:30 p.m.
- Leominster District Court: Tuesday, Jan. 26,
1:30 p.m.
- Lowell District Court: Wednesday, Jan. 27,
1:30 p.m.
To view a listing of open dates by court, click here. To volunteer to judge a trial,
simply enter your name and email address click the check box next
to the trial(s) and press the "Submit" button at the bottom of the
page to send us an e-mail. Please remember that you must press the
submit button to send us your preferred dates. You may sign up for
as many trials as you'd like, but keep in mind that we do not allow
judges to see the same team more than once during the Mock Trial
season.
We hope you find this to be an easy and convenient way to select
trials that best match your schedule. However, if you would prefer
not to visit the Mock Trial Web site, we encourage you to call
us at (617) 338-0570 to find out about open trials in your
area.
MBA seeks nominations for 2010-11 officer and delegate positions
Submit nominations to the MBA Secretary by Friday, Jan. 29
The Massachusetts Bar Association is currently accepting
nominations for officer and delegate positions for the 2010-11
membership year. Nominees must submit a letter of intent and a
current resume to MBA Secretary Jeffrey N. Catalano by 5 p.m. on
Friday, Jan. 29, 2010, to be eligible.
To submit a nomination, mail or hand deliver the information
to:
Massachusetts Bar Association
Attn: Jeffrey N. Catalano, 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
Acting Executive Director Martin W. Healy at (617) 988-4777.

Photograph by
Jennifer Rosinski
10th Annual Walk to the Hill
Join the MBA at the 11th Annual Walk to the Hill for Civil Legal Aid Wednesday
The 11th Annual Walk to the Hill for Civil Legal Aid
will kick off at 11 a.m. next Wednesday, Jan. 27 in the Great Hall
of the Statehouse, where attorneys and legal advocates will
highlight the importance of these programs. The need to maintain
funding is just as great for fiscal year 2011 as it was last
year.
"Our message to legislators will again be twofold:
maintain funding for the Massachusetts Legal Assistance Corporation
(MLAC) line item at $9.5 million and include this issue as a
personal legislative priority," said Pattye Comfort,
director of the Equal Justice Coalition.
Massachusetts Bar Association President-Elect Denise Squillante
will speak about the urgency for more funding. Squillante will be
joined by Boston Bar Association President John J. Regan. A legal
aid client will also share how the program has helped their family
resolve a legal issue.
The past year's economic troubles have taken a toll on civil
legal aid in Massachusetts, according to Comfort. Income from the
Interest on Lawyers' Trust Accounts (IOLTA) program has plummeted
63 percent since fiscal year 2008 and is not expected to increase
in fiscal year 2010. Compounding this loss is the decrease in the
civil legal aid line item ― from $11 million in fiscal year
2009 to $9.5 million in fiscal year 2010.
Walk to the Hill is one of the largest lobbying events at the
Statehouse, and last year drew a crowd of more than 750 ― the
highest turnout in the event's history.
Details of the event include:
- Registration: 11-11:30 a.m.
- Speaking Program: 11:30 a.m.-noon.
- Legislative visits: Noon-1 p.m.
Lunch will be served.
For more information, click
here. To view a funding fact sheet, click here.
LPM Tip

Employee manuals and workflow
All firms should have an employee manual and workflow developed
- even solo practitioners.
For firms of more than one person, it is helpful to get new
employees up to speed on operating procedures and office workflow
as quickly as possible. It cuts down on the time needed to train
the new employee.
For solo practitioners, if you ever hire an intern to help around
the office, the employee manual will also help to reduce the time
you will need to educate the intern regarding how you run your
business.
An employee manual should contain everything you want a new
employee or intern to know about your business and what you expect
of them. It can include dress code, holiday and vacation times and
pay, procedure for opening and closing the office, procedure for
answering the phones and how to deal with clients that walk-in,
etc.
A workflow is basically a set of instructions for tasks that are
done on a regular basis that requires no deviation. In my office, I
set up a workflow for how to open and close a new client matter,
how to scan using the office scanner, how to print and copy using
the scanner, how to print labels and stamps for shipping and even
how to put together an uncontested divorce packet.
If you start putting an employee manual and workflow together
now, it will save you time down the road when you expand and new
employees come in. Contact the Law Office Management Assistance
Program at (857) 383-3250 to learn about resources and reference
materials that will make developing your office manual easier.
This tip is courtesy of Gabriel Cheong,
attorney at law, owner of Infinity Law Group.
Published January 21, 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.
MBA section news
MBA Section/Division Open House; Employment Law Open Forum; General Practice, Solo & Small Firm Section member reception; Labor & Employment Section Roundtable; Juvenile & Child Welfare Section Council Open Meeting
MBA Section/Division Open
House
Monday, Jan. 25, 5:30-7
p.m.
MBA, 20 West St., Boston
Section, division and committee
participation is the best way to enhance your MBA membership. Join
us at this FREE event to learn more about the initiatives of this
year's 17 section councils and Young Lawyers Division and the
active role you can play as a section/division member
Meet the chairs and section council members in an informal setting
while networking with colleagues with similar interests. Cocktails
and hors d'oeuvres will be served.
--------------------------------------------------------------------------------
Telecommuting: the good, the bad
and the murky
Labor & Employment Open
Forum
Tuesday, Jan. 26, noon-1:30
p.m.
MBA, 20 West St., Boston
Join the Employment Law Open Forum of
the Labor & Employment Law Section to discuss the pros and cons
of telecommuting. Telecommuting can be a great perk to employees
and a benefit to employers, but it also presents a whole host of
issues in the areas of time keeping, confidentiality, premises
liability, and co-mingling of personal information and work
product.
What experiences have you had with clients telecommuting, or
allowing telecommuting? What tips and traps should your clients be
aware of when considering telecommuting options?
Bring your lunch and join us for the roundtable discussion.
Drinks and snacks will be served.
--------------------------------------------------------------------------------
General Practice, Solo & Small
Firm Section member reception
Thursday, Jan. 28, 5-7
p.m.
Lombardo's, 16 Billings St., Randolph
The General Practice, Solo & Small
Firm Section Council will host a member reception after the How to
Start & Run a Successful Solo or Small-Firm Practice Conference
on Thursday, Jan. 28 from 5 to 7 p.m. at Lombardo's, 16 Billings
St., Randolph. Meet the section council chairs and members in an
informal setting while networking with colleagues with similar
interests. This event is FREE for MBA members and all attendees at
the "How to Start & Run a Successful Solo or Small-Firm
Practice" Conference. You do not need to register for the
conference to attend.
--------------------------------------------------------------------------------
Labor & Employment Section
Luncheon Roundtable
Tuesday, Feb. 9, 11:45 a.m.-1:30
p.m.
MBA, 20 West St., Boston
Believed by many to be critical to
their business, loathed by others as a limitation on innovation and
criticized by some as being overused and implemented in unfair
ways, noncompetition agreements are currently the subject of much
interest among businesses, venture capitalists, and employees. Two
state legislators - Rep. Lori Ehrlich D-
Marblehead and Rep. Will Brownsberger D-
Middlesex - have proposed sweeping legislation that would
significantly restrict the enforceability of noncompetition
agreements under Massachusetts law. Join these legislators as well
as Russell Beck, Esq. of Foley Lardner LLP in Boston, the principal
drafter of the legislation, in a discussion about the proposed
legislation.
--------------------------------------------------------------------------------
Juvenile & Child Welfare
Section Council
open meeting
Wednesday, Feb. 10, 5:30-7
p.m.
MBA, 20 West St., Boston
The Juvenile & Child Welfare
Section Council will host an open meeting on Wednesday, Feb. 10
from 5:30 to 7 p.m at the MBA, 20 West St., Boston. The guest
speaker will be Chief Justice Michael F. Edgerton
of the Juvenile Court Department.
Upcoming CLE seminar and program schedule
Register for "Distressed Property Bootcamp Session II - Foreclosure" seminar

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.
This week's highlighted programs include:
- The Massachusetts Data Privacy
Conference
- Asset Protection Planning for (Happily) Married
Couples
- How to Start & Run a Successful Solo or
Small-Firm Practice Conference and reception
- Distressed Property Bootcamp Session II -
Foreclosure
- H-1B Basics
- MBA Annual Conference 2010
- Casemaker Webinars
Scroll down for program descriptions, dates and
registration details.
JANUARY CLE PROGRAMS
The Massachusetts Data Privacy
Conference
Wednesday, Jan. 27, 8:30 a.m.-4:35 p.m.
Sheraton Springfield Monarch Place, One Monarch Place,
Springfield
Asset Protection Planning for (Happily)
Married Couples
Wednesday, Jan. 27 noon-2 p.m.
MBA, 20 West St., Boston
How to Start & Run a Successful Solo or Small-Firm
Practice
Thursday, Jan 28, 9 a.m.-5 p.m.
Lombardo's, 16 Billings Street, Randolph
**The General Practice, Solo & Small Firm Section Council
will host a member reception immediately after the
conference. Meet the section council chairs and members in an
informal setting while networking with colleagues with similar
interests. This event is FREE for MBA members and all attendees at
the "How to Start & Run a Successful Solo or Small-Firm
Practice" Conference. You do not need to register for the
conference to attend.
Distressed Property Bootcamp Session II -
Foreclosure
Tuesday, Feb. 2, 5-7 p.m.
Western New England College School of Law, 1215 Wilbraham Road,
Springfield
H-1B Basics
Tuesday, Feb. 4, noon-2 p.m.
MBA, 20 West St., Boston
MBA ANNUAL CONFERENCE 2010
Achieving a Competitive Advantage in
Changing Times
Thursday, March 11 - Friday, March 12
Westin Copley Place, 10 Huntington Ave., Boston
** Register on or before Jan. 29 to receive $50 off a Full
Conference Pass. The Full
Conference Pass grants access to Thursday and Friday CLE
programming and includes a ticket to both the Access to Justice
Awards Luncheon and Gala Dinner. Click here for the full MBA AC10 conference
schedule.
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. 2, 11 a.m.
- 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
News from the Courts
Supreme Judicial Court issues order regarding protection of personal information
The Supreme Judicial Court has issued
an order regarding safeguarding certain nonpublic personal
information collected and maintained in the judicial branch. The
order, issued under G.L.c. 93H, governs the security and
confidentiality of personal information as defined in that statute.
The personal information covered by the order does not include
publicly available information.
The order requires the Trial Court, the Appellate Courts and court
affiliates to develop, implement and maintain written information
security programs applicable to records containing personal
information. The security programs are to ensure that courts
collect the minimum personal information needed to accomplish the
purpose for which the information is collected; securely protect
the information from unauthorized access and disclosure; provide
access to the information only as necessary; and destroy the
information when it is no longer needed. The security programs will
require notification to the appropriate Chief Justice of any breach
of security of personal information.
Additionally, the order requires courts to review the type of
personal information collected with the goal of identifying any
that need not be collected or maintained. Contractors will be
required to comply with the provisions of all information security
programs that apply to the work they will be performing.
Click here to view the order requiring that
the security programs be in place by Sept. 1.
CLE Conference News
Register for next week's "How to Start and Run a Successful Solo or Small-Firm Practice" conference and reception, Jan. 28
