e-Journal
11-04

Justice Roderick Ireland participates in MBA and MBF events.
News from the courts
MBA supports Gov. Deval Patrick’s nomination of Roderick Ireland as the next Supreme Judicial Court Chief Justice
The Massachusetts Bar Association applauds Gov. Deval Patrick in
his nomination of Associate Justice Roderick Ireland as the next
Supreme Judicial Court Chief Justice. Ireland, if confirmed, will
fill the position vacated by a retiring Margaret H. Marshall.
"Associate Justice Roderick Ireland's exemplary intellect, poise
and commitment to the rule of law make him a remarkable
nomination to succeed the Hon. Margaret Marshall as the
leader of the state's judiciary," MBA President Denise
Squillante said.
"The bar, bench and most importantly, the citizens of the
commonwealth, will be well served should Gov. Patrick's nomination
be confirmed," Squillante said. "In addition to his valued
collaboration on access to justice initiatives, the Massachusetts
Bar Association has long enjoyed Justice Ireland's partnership
in its community programs aimed to educate youth and inspire the
next generation of legal professionals."
Ireland has served as presiding judge of the MBA's annual Mock
Trial Championship and been a longtime advocate of the Worcester
and Boston Judicial Youth Corps program. In 2008, he received the
Great Friend of Justice Award from the Massachusetts Bar
Foundation, the philanthropic partner of the MBA.

Top: Family Law Conference Co-Chairs Thomas J. Barbar, Veronica J. Fenton and Marc E. Fitzgerald.
Bottom: Judicial faculty at the 20th Annual Family Law Conference includes Hon. Paula M. Carey, Hon. Anne Geoffrion and Hon. Anthony R. Nesi. Not pictured: Hon. Joan P. Armstrong and Hon. Linda S. Fidnick.
Enhancements featured at next week's 20th Annual Family Law Conference
For the first time in its 20 year history, the Massachusetts Bar
Association's Family Law Conference will offer a breakout
educational session and judges on nearly every panel, including
those discussing the hot topics of bankruptcy and assisted
reproductive technology. These enhancements make this version of
the popular program -- held Nov. 12-13 at the Cranwell Resort, Spa
& Golf Club in Lenox -- a must for practitioners.
"We've really tried to give people what they are looking for,"
said Conference Co-Chair and MBA Executive Management Board member
Veronica J. Fenton, who said surveys from past attendees were
considered when building this year's conference. "This is the
premiere family law event for both our most seasoned attorneys and
our newer practitioners."
This year's conference theme is, "Ask the Experts: Raise the Bar!
Using Expert Advice from Various Disciplines to Enhance Your Family
Law Practice." The conference will open with a cocktail reception
on Nov. 12, with educational programming taking place all day Nov.
13.
One unique topic of this year's conference is: State of
the A.R.T.: The Law in the Age of Assisted Reproductive
Technology. The program, which will examine the law of
assisted reproductive technology from both an academic and
pragmatic perspective, features the Hon. Anthony R. Nesi of Bristol
Probate and Family Court.
"It's something that's happening more and more, and it's going to
continue to come up," Conference Co-Chair and Family Law Section
Chair Marc E. Fitzgerald said of reproductive technology. Added
fellow Conference Co-Chair Thomas J. Barbar, "the legal issues are
lagging way behind the medical issues. We need to be educated on
all of the issues."
Another session you "don't want to miss," according to Barbar is
Bankruptcy and Family Law: It's a Family Affair. A
panel of attorney experts will discuss the implications bankruptcy
has on family law matters.
In addition to the relevant education programming, Barbar said the
conference also offers practitioners a chance to trade notes with
others in the field. "It's a good way to discuss family law cases
with each other. I think that's a very valuable aspect of the
conference - to share experiences with other lawyers."
Click
here to register and for a full list of faculty.
LPM Tip

Do you have a client contact policy?
Consider having a written client contact policy. A client
contact policy can help you have a plan of attack to deal with the
deluge of phone calls and e-mails. It can also set expectations for
your clients, who may not realize just how many phone calls and
e-mails you get. Sometimes, it can even steer clients toward your
preferred method of contact. For example, your policy could say
that phone call will be returned within 48 hours and e-mails will
be responded to by the end of business. Share this with your new
clients and staff and make sure you stick to it.
Tip courtesy of Dayanna Moreno, Moreno
Law.
Published November 4, 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.
Upcoming CLE seminar and program schedule
Register for November programs including "Post Nuptial Agreements After Ansin"

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.
NOVEMBER CLE PROGRAMS
Legal Chat @ Noon: Why LinkedIn, Facebook and
Twitter Matter to the Legal Industry 
Friday, Nov. 5, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Forming a
Business Entity
Tuesday, Nov. 9, 4-7 p.m.
Western New England College School of Law, 1215 Wilbraham Road,
Springfield
20th Annual Family Law
Conference 
Friday, Nov. 12 - Saturday, Nov. 13
Cranwell Resort, Spa & Golf Club, 55 Lee Road, Lenox
Click
here to view the conference brochure.
Legal Chat: What Title Examiners
and Conveyancers Need to Know 
Tuesday, Nov. 16, 4-5 p.m.
NOTE: There is no on-site attendance for Legal
Chats.
Ninth Annual Western Massachusetts
Bankruptcy Conference
Tuesday, Nov. 16, 4-7 p.m.
Western New England College School of Law, 1215 Wilbraham Road,
Springfield
Alternative Careers: Opportunities in
Higher Education Administration
Wednesday, Nov. 17, 12:30-2 p.m.
MBA Western Mass. office, 73 State St., Springfield
Defenses to Removal: Representing Clients
in Immigration Court 
Wednesday, Nov. 17, 4-7 p.m.
MBA, 20 West St., Boston
Post Nuptial Agreements After
Ansin: What Does an Enforceable, Durable Agreement Look
Like Now? 
Tuesday, Nov. 30, 4-7 p.m.
MBA, 20 West St., Boston
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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SAVE THE DATE
Eighth Annual In-House Counsel Conference:
Doing Business in the Electronic Age
Thursday, Dec. 9, 9 a.m.-1 p.m.
MBA, 20 West St., Boston
Legal Chat: What to do About that File
Languishing on Your Desk 
Friday, Dec. 3, noon-1 p.m.
NOTE: There is no on-site attendance for Legal
Chats.
Legal Chat: Relationship Building During
the Holiday Season and Beyond 
Friday, Dec. 10, noon-1 p.m.
NOTE: There is no on-site attendance for Legal
Chats.
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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.

Photo courtesy of the SJC.
Ninth Annual Adams Pro Bono Publico Awards presented
Recipients recognized for outstanding commitment to volunteer legal services
In recognition of outstanding commitment to providing volunteer
legal services for the poor and disadvantaged in Massachusetts, the
Supreme Judicial Court Standing Committee on Pro Bono Legal
Services presented the ninth annual Adams Pro Bono Publico Awards
to the Boston law firm of McDermott Will & Emery
LLP with special recognition to partners Melissa
Nott Davis and Edward P. Leibensperger;
Attorney Kathleen McGrath of Liberty Mutual
Insurance Company, Boston; and Attorney Alfred C.
Phillips, a volunteer with MetroWest Legal Services.
Supreme Judicial Court Justice Francis X. Spina, who presented the
awards to the recipients at a ceremony in the Seven-Justice
Courtroom in the John Adams Courthouse, said, "As citizens of the
commonwealth continue to face challenging economic circumstances,
the need for pro bono legal services has exploded. This year, the
diverse projects undertaken by our award recipients reflect a
multitude of innovative ways of helping those most in need of
representation, and we hope that these award recipients will serve
as outstanding examples to others in the legal community of the
limitless possibilities for pro bono work."
The Boston law office of McDermott Will &
Emery was recognized for its excellent pro bono
initiatives, particularly for work on Dwayne B. v.
Granholm, a case brought on behalf of 19,000 children in
Michigan's foster care system, the collaboration with the Medical
Legal Partnership/Boston and the Children's Law Center of
Massachusetts. In 2009, 84 percent of the attorneys in the Boston
office performed pro bono legal work with more than half of its
attorneys contributing more than 20 hours in free legal services.
The Boston office donated over 6,500 hours to working on pro bono
matters ranging from civil rights litigation to assisting
non-profits with organizational issues.
Melissa Nott Davis, a trial partner, who was
singled out by McDermott Will & Emery for demonstrating strong
leadership and commitment to pro bono causes, is recognized for the
manner in which she has led large teams of attorneys on high-impact
projects affecting systemic change for the benefit of children in
Massachusetts. She serves as co-chair of the Boston Pro Bono
Committee and enjoys an active role on the firm's Pro Bono and
Community Service Committee. During her eight years with McDermott,
Nott Davis, of Somerville, has personally contributed over 1,800
hours to pro bono and community service work.
Trial partner Edward (Ned) Leibensperger, who was
also recognized by McDermott Will & Emery, is awarded for his
exemplary leadership and pro bono work, particularly on the case,
Dwayne B. v. Granholm, in partnership with Children's
Rights, a non-profit advocacy organization. The federal class
action suit involved charges against the state of Michigan for
violating the constitutional rights of approximately 19,000
children in its foster care by failing to protect their safety and
well-being and to find them permanent homes. Leibensperger led the
team of lawyers and staff to obtain a settlement that mandated
top-to-bottom reform and federal court oversight of Michigan's
child welfare system and resolved the constitutional due process
and federal statutory claims in the lawsuit. A resident of Waban,
Leibensperger, who has been practicing in Boston for more than
thirty years, personally devoted more than 600 hours to the
case.
Senior Corporate Counsel Kathleen McGrath, who
has worked at Liberty Mutual Insurance Company since 1995,
spearheads the Legal Department's multi-faceted pro bono program.
She is recognized for her passion and commitment to pro bono work
with unrepresented litigants in Boston Housing Court cases as part
of the Attorney-for-the-Day program. In one typical pro bono case,
she wholeheartedly volunteered as co-counsel in a jury trial and
spent countless hours to prevent a mentally ill woman from becoming
homeless again. She continued to work on the case until affordable
housing was secured for the disabled woman. McGrath has also served
on the board of the Volunteer Lawyers Project (VLP) since 1996, and
from 2007 to the present, has been chair of the board. McGrath is
known as a vocal advocate for the work of VLP and is constantly
striving to improve client services and to increase the involvement
of the private bar in pro bono legal work. McGrath, of Haverhill,
is a 1988 graduate of Boston College Law School and served as a law
clerk at the Supreme Judicial Court in that same year.
Attorney Alfred Phillips, of Wayland, has been a
volunteer working on bankruptcy matters for clients at MetroWest
Legal Services since 2005. After being employed for forty years as
labor and pension counsel at Raytheon Corporation, Mr. Phillips was
eager to engage in pro bono legal work in his retirement years. He
handled his first bankruptcy case in September 2005 at MetroWest
and since then has represented 106 clients, donating over 3,300
hours of pro bono time. He works on bankruptcy screenings, prepares
petitions, and represents clients with skill and precision. Known
as a consummate professional with a genteel and courteous manner,
Phillips is being honored for his dedication and sensitivity to
clients' needs and his thorough commitment to pro bono legal
service. Phillips received his undergraduate degree at Yale
University in 1952 and his J.D. from Harvard Law School in
1957.
Now in its ninth year, the Adams Pro Bono Publico Awards
program seeks to identify and honor individual lawyers, small and
large law firms, government attorney offices, corporate law
departments and other institutions in the legal profession that
have enhanced the human dignity of others by improving or
delivering volunteer legal services to our commonwealth's poor and
disadvantaged.
The Adams Pro Bono Publico Awards ceremony is one of many events
and activities celebrating and building support for pro bono legal
work in Massachusetts. October has been proclaimed as Pro Bono
Month by Governor Deval Patrick for the second consecutive year.
The American Bar Association has declared October 24-30, 2010 as
Pro Bono Week.
October MBA On Demand programs feature a training on the new foreclosure law and changes to the Massachusetts Personnel Records Act
Watch them from the comfort of your home or office
Practitioners who were not able to
attend MBA CLE programs in October can now view select programs on
MBA On Demand.
MBA On Demand is an innovative MBA
member benefit that offers you the opportunity to watch an MBA
program from the comfort of your home or office, at a time that
suits your schedule.
October CLE programming now available
includes:
Click here to view additional MBA On Demand
programming.
After you place a session order, you will receive an order
confirmation e-mail containing a link to your "My Resources" profile. Your "My Resources"
profile will permanently house all MBA On Demand products you
order.
For information about On Demand system
requirements and how to use the player, click here.
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.
The MBA welcomes feedback on your MBA On Demand experience.
E-mail us your questions and comments to [e-mail ondemand].
Section News: Upcoming meetings and special section events
Employment Law Practice Group open meeting; Health Law Section Council meeting; Access to Justice Section Council meeting; Individual Rights & Responsibilities Section Council meeting; Legal Chat: What Title Examiners and Conveyancers Need to Know; Taxation Law Section Council meeting; Juvenile & Child Welfare Section Council open meeting
Employment Law Practice Group open
meeting
Tuesday, Nov. 9, noon-2
p.m.
MBA, 20 West St., Boston
Join the MBA's Labor & Employment
Section at an Employment Law open meeting to welcome, meet and hear
from the Massachusetts Commission Against Discrimination guest
speakers including newly-appointed Commissioner Jamie Williamson
and Chairman Julian Tynes.
Williamson and Tynes will also be joined by Commissioner Sunila
Thomas George. The discussion will revolve around the ongoing work
of the MCAD and answer questions about practicing before the
commission.
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Health Law Section Council
meeting
Tuesday, Nov. 9, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Health Law
Section Council will be held on Tuesday, Nov. 9 from 5 to 6:30 p.m.
at the MBA, 20 West St., Boston.
The guest speaker will be Reni Gertner, editor of the
Massachusetts Medical Law Report. Gertner graduated from
Brown University with a B.A. in Biomedical Ethics and became an
associate editor of Lawyers USA (formerly Lawyers
Weekly USA) in 1997. In January 2005, she obtained a Master's
Degree in public health from Boston University, where she studied
epidemiology, health services and health law. In May 2005, she was
chosen as a member of Delta Omega, the public health honor society.
She became editor of Massachusetts Medical Law Report in
September 2005, and news editor of Lawyers USA in January
2008.
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Access to Justice Section Council
meeting
Tuesday, Nov. 9, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Access to
Justice Section Council is scheduled for Tuesday, Nov., 9th from 6
to 7:30 p.m. All section members are invited to attend.
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Individual Rights &
Responsibilities Section Council meeting
Wednesday, Nov. 10, 4-5:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Individual Rights & Responsibilities
Section Council is scheduled for Wednesday, Nov. 10 from 4 to 5:30
p.m. All section members are invited to attend.
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Legal Chat: What Title Examiners
and Conveyancers Need to Know 
Tuesday, Nov. 16, 4-5 p.m.
NOTE: There is no on-site attendance available for Legal
Chats.
It seems that trial courts are setting
aside mortgage foreclosures and voiding mortgages with increasing
frequency and for various reasons. With no guidance yet from the
appellate courts, title examiners are at a loss as to how to
evaluate foreclosure titles and identify what of the many mistakes
made by mortgage lenders are potentially fatal to those
titles.
Join Ward P. Graham, Esq. of WFG National Title Insurance Company
and Gary W. Cruickshank, Esq. for an analysis of recent cases and a
frank discussion of how to deal with the challenges posed by these
decisions when evaluating titles coming out of foreclosures.
Faculty:
Joe Boynton, Esq.
Joe Boynton, Attorney at Law, Worcester
Ward B. Graham, Esq.
WFG National Title Insurance Company, Lynnfield
Gary W. Cruickshank, Esq.
Gary W. Cruickshank, Attorney at Law, Boston
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Taxation Law Section Council
meeting
Wednesday, Nov. 10, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Taxation Law Section Council is scheduled
for Wednesday, Nov. 10 from 5 to 6:30 p.m. All section members are
invited to attend.
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Juvenile & Child
Welfare Section Council open meeting
Wednesday, Nov. 10, 4-6
p.m.
Hampshire County Courthouse, 116 Russell St., Hadley
This meeting is free to all attorneys interested in the practice
of Juvenile & Child Welfare. The topics under discussion will
include:
- Standing Order for care and protection trials;
- Proposal for dedicated C&P session in Hadley;
- Permanency hearings for children aging out;
- Juvenile competency after Abbott A.;
- School-based delinquency offenses; and
- Additional timely issues that the bar and bench would like to
address.
The panel includes:
Martha Rush O'Mara, moderator
Law Office of Martha Rush O'Mara, Melrose
The Hon. Charles S. Belsky, associate justice
Hampden County Juvenile Court
The Hon. James G. Collins, circuit justice
Hampden County Juvenile
Court
The Hon. Daniel J. Swords, first justice
Berkshire and Hampden County Juvenile Court
James Morton, case manager
Juvenile Court Department
Christopher D. Reavey, clerk-magistrate,
Hampshire County Juvenile Court Department
To R.S.V.P., click here. Space
is limited.
MBA Classifieds
Have you taken advantage of FREE classifieds?
MBA Classifieds provide MBA members and non-members the
opportunity to post and view employment/internship opportunities,
office share/rental options, as well as lawyer-to-lawyer services
and other specialized categories.
Classified postings are FREE to members and are
available to non-members at a special promotional rate of
$25.
Post an ad today and take advantage of this opportunity to reach
members of the commonwealth's legal community, through its largest
bar association.
Click here to post an MBA classified
ad.