e-Journal
03-17

From left to right (clockwise): Supreme Court Associate Justice Stephen G. Breyer; Judge Nancy Gertner; Michael B. Keating, Esq., Foley Hoag LLP; Richard G. Mintz, Esq., Mintz Levin PC.
MBA Centennial Ball to feature keynote by Supreme Court Justice Stephen G. Breyer and special presentation of Hennessey Award to retiring Judge Nancy Gertner
The ball will also include an MBA Gold Medal Award presentation to Foley Hoag's Michael B. Keating and Centennial Award to Mintz Levin's Richard G. Mintz
The MBA's Centennial Conference, a celebration of the MBA's
century of service to the public, profession and rule of law, will
take place on Wednesday, May 18 and Thursday, May 19 at the Boston
Sheraton Hotel.
The MBA's Centennial Ball on Thursday, May 19 will include a
keynote address from Supreme Court Justice Stephen G. Breyer and a
special Hennessey Award presentation to retiring Judge Nancy
Gertner. The MBA will also honor Foley Hoag's Michael B. Keating
with its Gold Medal Award and Mintz Levin's Richard G. Mintz with a
Centennial Award.
The Centennial Ball will begin with a reception at 5:30 p.m.,
followed by dinner and awards at 6:30 p.m. MBA members and friends
of the legal community are invited to join the MBA for music,
dancing and a dessert buffet following the dinner.
Click here to
register on or before Friday, April 1 and receive $50 off a full
conference pass.
Learn more about Centennial Ball honorees below:
-
Keynote speaker: Supreme Court Associate Justice Stephen G.
Breyer
Prior to his appointment to the Supreme Court, Breyer was the chief
justice of U.S. Court of Appeals from 1990 to 1994, after serving
as a justice of the court for 10 years. A past member of the
Judicial Conference of the U.S. and the U.S. Sentencing Commission,
Breyer was chief counsel of the Special Counsel of the U.S. Senate
Judiciary Committee in 1979 and assistant special prosecutor of the
Watergate Special Prosecution Force in 1973.
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MBA Hennessey Award honoree Judge Nancy Gertner
Gertner, who will be retiring from the bench in fall 2011 for a
position at Harvard Law School, was appointed to the bench in 1994
by President William J. Clinton after two decades of criminal
defense and civil activist work. In 2008, Gertner became the second
woman to receive the Thurgood Marshall Award from the American Bar
Association's Section of Individual Rights and Responsibilities.
Voted by Massachusetts Lawyers Weekly readers as one of
the "best" federal judges in Boston, Gertner has also been awarded
Lawyers Weekly's and MBA's Judge Toomey Judicial
Excellence Award. Gertner's autobiography, In Defense of Women:
Memoirs of an Unrepentant Advocate, will be released in April
2011.
The MBA's Hennessey Award is awarded to federal or state
judges within the Commonwealth of Massachusetts who have
demonstrated extraordinary leadership and dedication to improving
the administration of justice and upholding the highest traditions
for public service.
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MBA Gold Medal honoree Michael B. Keating, Esq., Foley Hoag
LLP
Keating, chairman of Foley Hoag LLP's Litigation Department, has
been the firm's leading trial lawyer for over 30 years.
Consistently listed in The Best Lawyers in America,
Chambers USA and Massachusetts Super Lawyers and
recognized by The National Law Journal, Keating serves as
chairman of the Supreme Judicial Court of Massachusetts' Court
Management Advisory Board.
The MBA's Gold Medal Award is reserved for individuals who
have provided outstanding legal services that have benefited the
legal profession in Massachusetts, while the Hennessey Award is
awarded to federal or state judges within the Commonwealth of
Massachusetts who have demonstrated extraordinary leadership and
dedication to improving the administration of justice and upholding
the highest traditions for public service.
-
MBA Centennial Award honoree Richard G. Mintz, Esq.,
Mintz Levin PC
Mintz practices in the Business Law, Trusts and Estates and Real
Estate sections of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC
in Boston. A naval aviator during World War II and a graduate of
Harvard Law School, Mintz is the president of the James Jackson
Puntnam Center's Board, the lawyer division chair of the Combined
Jewish Philanthropies of Greater Boston and a board member of the
James D. St. Clair Court Education Project [Discovering
Justice].
Throughout the state, the MBA's Centennial Awards have been
and will continue to be given throughout 2011 to persons of
extraordinary achievement who materially advanced the rule of law,
enhanced the integrity of lawyers, judges or the legal profession,
engaged or is engaging in important legal scholarship, or protected
the democratic principles upon which our country is
founded.
The conference will also feature
three concurrent CLE tracks on May 18 and 19,
and the annual Access to Justice Awards Luncheon and the Bench-Bar Panel and reception on May 18. Click here to
register.
Legislative News
MBA applauds DeLeo's call for court reform
The Massachusetts Bar Association
supports House Speaker Robert A. DeLeo's recent call for Court Management Reform, which would include
employing a trained, non-judicial court administrator. The MBA has
called for this change for decades, including in its 1991
independently commissioned Harbridge House consulting firm report and its
2003 court management study. The MBA believes
that DeLeo's model will help professionalize court management and
operations.
In addition, the MBA applauds DeLeo's recommendation that the
Probation Department stay within the judicial branch.
Click here to read MBA Chief Legal
Counsel
Martin W. Healy's statement.

MBA Centennial Award honorees from top to bottom: The family of Paul Kazarosian and MBA President Denise Squillante; MBA Vice President Robert L. Holloway Jr. and honoree Walter Costello; and Centennial Awardee Denise Murphy and MBA Vice President Jeffrey N. Catalano.
Photos by Tricia Oliver.
House of Delegates works through full agenda in Dedham
The March 10 Dedham MBA House of Delegates meeting began in a
celebratory fashion as three attorneys were honored with MBA
Centennial Awards. HOD then addressed a full agenda on a wide range
of topics. Key votes on a workplace safety bill, cameras in the
courtroom and DOMA highlighted the meeting discussion.
The late Paul Kazarosian, Walter Costello and Denise Murphy were
honored with centennial awards. MBA President Denise Squillante
presented the posthumous honor to the Kazarosian family, including
MBA Secretary Marsha V. Kazarosian, while MBA Vice President Robert
L. Holloway Jr. and Jeffrey N. Catalano presented the awards to
Costello and Murphy, respectively.
Following the award presentations, Squillante gave her president's
report, which included an announcement regarding MBA delegation
participation in the mid-April American Bar Association's Lobby
Day. Squillante also revealed that MBA President-Elect Richard P.
Campbell and Holloway have begun Strategic Planning Committee
meetings and issued a call to action -- urging HOD to learn more
about the MBA's upcoming Centennial Conference on May 18 and 19 at
www.massbar.org.
Following Squillante's report, MBA Vice President Douglas K. Sheff
presented the so-called "Right to Know" bill, related to temporary
employment and staffing agencies. Sheff and his MBA Workplace
Safety Committee co-presenters successfully encouraged HOD to
support the bill, which is currently pending before the Joint
Committee on Labor and Workforce Development. The "Right to Know"
bill would update the Employment Agency Law to better level the
playing field for all temporary employment and staffing agencies,
while ensuring rights are guaranteed to members of the temporary
workforce.
Executive Director of the Commission on Judicial Conduct Gillian
Pearson also attended the HOD meeting and provided an informational
report on the CJC. Pearson summarized the instances which would
warrant a complaint, the ways in which attorneys can submit
complaints and explained that complaints to the CJC can be
anonymous. Delegates were encouraged to visit www.mass.gov/cjc
for more information.
MBA Property Law Section Vice Chair Elizabeth Barton was then
joined by attorney Ward Graham to ask the governing body to support
legislation relative to power of attorney and joint tenancy. The
group opted to do so unanimously.
Following that vote, Lee Gartenberg, Fern Frolin, Peter Elikann
and Michael Flores presented the recommendations of the
ad-hoc committee established by Squillante to study the proposed
amendments to the Supreme Judicial Court Rule 1:19, concerning
cameras in the courtroom. The committee presented its
recommendations, which included having the MBA continue to oppose
the proposed Rule 1:19. Among the group's rationale, Gartenberg and
Frolin cited bloggers and other less conventional online media
should be given equal status to the those who qualify as "news
media;" affirmative permission be required from the presiding judge
in Probate and Family Court proceedings involving private and
potentially damaging information concerning children and other
vulnerable individuals; and judges should entertain requests to
close specific portions of civil proceeding when appropriate given
privacy or public safety concerns.
The delegates also voted to hear an unscheduled presentation from
Michael Traft, co-chair of the MBA's Amicus Committee. Traft was
joined by Maura Healey from Attorney General Martha Coakley's
Office to ask for HOD's support for an amicus brief challenging the
application of the federal Defense of Marriage Act to residents of
the state of Massachusetts. The brief is an outgrowth of pending
federal litigation, in which Coakley has successfully argued that
the federal DOMA impermissibly interferes with the state's ability
to regulate marriage and directly harms same sex partners and the
state by denying certain government benefits. Delegates voted to
support the related amicus brief, if the need arises.
Delegates also heard from Immigration Law Section Vice Chair Gerald
Rovner, who addressed the delegates asking them to oppose a
proposed rule that would expand the instances requiring
practitioners to file a Notice of Entry of Appearance as Attorney
or Accredited Representative (G-28). The delegates did oppose the
proposed amendment to the Department of Homeland Security's Rules
of Professional Conduct for Practitioners and a letter will be sent
from Squillante to DHS detailing MBA's opposition.
One of the last orders of business was approving the Access to
Justice Awardees to be honored at a luncheon as part of the
Centennial Conference on May 18. The delegates approved the
proposed slate of honorees. Look for information on the honorees in
future issues of eJournal and Lawyers
Journal.
The next meeting of the MBA House of Delegates will take place
on May 18.
Upcoming CLE seminar and program schedule
Check out the March 22 "Story-Telling" Roundtable and learn how to develop dynamic case presentations for jurors

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.
UPCOMING MARCH PROGRAMS
Legal Chat: 10 Tips to Manage Your Time and
Increase Profits 
Friday, March 18, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Story-Telling Luncheon
Roundtable 
Tuesday, March 22, noon-1:30 p.m.
MBA, 20 West St., Boston
Scientific Trial Preparation Luncheon
Roundtable 
Wednesday, March 23, noon-1:30 p.m.
MBA, 20 West St., Boston
Basics
of Divorce Practice
Wednesday, March 23, 4-7 p.m.
University of Massachusetts School of Law, 333 Faunce Corner Road,
North Dartmouth
The Trust Protector: Mighty Mouse or Just a
Cat in the Bag? Everything You Need to Know Luncheon
Roundtable 
Thursday, March 24, noon-2 p.m.
MBA, 20 West St., Boston
Legal Chat: Tools and Strategies for
Effective Marketing 
Friday, March 25, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.
A Trust Series You Can Trust: A
Comprehensive Guide to Trust Practice
Session II: Types of Trusts 
Tuesday, March 29, 4-7 p.m.
MBA, 20 West St., Boston
Frequently Asked Questions About Employing
Foreign Nationals 
Wednesday, March 30, 4-7 p.m.
MBA, 20 West St., Boston
GP | Solo Symposium: Strategies for Success
2011 
Thursday, March 31, 2-6 p.m. (reception to follow)
MBA, 20 West St., Boston
SAVE THE DATE
Building Your Million-Dollar Practice in the New
Economy 
Featuring Dustin A. Cole, president and master practice
advisor, Attorneys Master Class
Thursday, April 21, 2-6 p.m.
MBA, 20 West St., Boston
Take Control of Your Time, Your Technology and Your
Profits 
Featuring Dustin A. Cole, president and master practice
advisor, Attorneys Master Class
Friday, April 22, 9 a.m.-1 p.m.
MBA, 20 West St., Boston
32nd Annual Labor & Employment Law Spring
Conference
Featuring Keynote Speaker Associate Justice Ralph D.
Gants
of the Supreme Judicial Court
Monday, June 6
The Colonnade Hotel, 120 Huntington Ave., 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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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.
Watch the MBA High School Mock Trial State Championship on April 1
R.S.V.P. by Friday, March 25
The Massachusetts Bar Association Mock Trial Program is pleased
to announce that the High School Mock Trial State Championship will
be held in the Great Hall located in historic Faneuil Hall on
Friday, April 1 at 10 a.m. All MBA members are invited to attend
the competition.
In honor of the MBA's 2010-11 celebration of its centennial year,
the Mock Trial Committee adapted and updated one of the most
successful cases in the program's history for this year's
competition. 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 2011 Mock Trial Championship will be judged by a three-member
panel similar to the process used at the National Competition,
which is being held this year in Phoenix, Arizona. The finals will
be comprised of a presiding judge, who will conduct and score the
trial, as well as two additional scoring judges. The team listed as
winner on the majority of ballots will be the state champion.
This year's panel includes:
- Hon. John D. Casey, Massachusetts Probate and Family
Court;
- Hon. Barbara Savitt Pearson, Massachusetts District Court;
and
- Hon. John Lu, Massachusetts Superior Court.
R.S.V.P. to [e-mail mocktrial] by Friday, March 25
or call (617) 338-0570.
LPM Tip

Think like a venture capitalist
Selling professional services involves more failure than
success. If you meet 10 business prospects who might need your
legal services, consider yourself lucky if one ends up hiring you.
This fact of life needs to be built into your overall marketing
plan. In other words, having a full pipeline of potential clients
is very important if you want to be successful in generating work.
Venture capitalists understand this notion. A VC may invest in 10
companies. Of those 10, he or she may expect that nine will
ultimately fail and that one will become a big success. But as VC's
understand, it is impossible to pick the winner in advance so you
need to invest in all 10. The same is true for you in building your
business relationships. Invest in your best prospects (i.e. the
most likely individuals to need your services or refer clients your
way). But know that many will never bear fruit. It is a very
different mindset than actually providing legal services. When you
have a paying client, in most cases, you expect to get paid for
doing the work. In contrast, only a small percentage of your sales
and marketing activities will generate fees. So plan
accordingly.
This tip is courtesy of Stephen Seckler, Seckler Legal
Coaching.
Published March 17, 2011
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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.
Featured member benefit: MBA Committee on Professional Ethics
Having an issue within your practice? Let the MBA help.
The MBA Committee on Professional Ethics will help you resolve
specific ethical concerns that arise in your practice. To take
advantage of this service, please e-mail your request, including a
brief summary of the facts raising the ethical issue,
your interpretation of the issue, and whether the
request is urgent in nature to MBA
Sections and Ethics Administrator
Jean Stevens.
The committee also publishes opinions interpreting the Rules of
Professional Conduct, on topics such as conflicts of interest,
solicitation of business, issues relating to confidentiality and
more. To access this library, click here.
**In accordance with the rules that govern the Committee on
Professional Ethics, advice may not be rendered in instances where
the matter is pending before a court or tribunal, contains a
question of substantive law or unauthorized practice of law,
pertains to a hypothetical scenario, or questions the conduct of
another attorney.
Section News: Upcoming meetings and special section events
Join in the Business Law Section Council meeting on March 22. The Construction Law Committee will discuss dispute avoidance on March 23. GPSSF will host an LAR informational open meeting on March 24. Learn more about health care reform on March 25. Apply to become a member of the YLD's Board of Directors.
Business Law Section Council
meeting
Tuesday, March 22, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Business Law Section Council is scheduled
for Tuesday, March 22 from 4:30 to 6 p.m. All section members are
invited to attend.
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Construction Law Committee
meeting
A Fresh Look at Dispute
Avoidance and Resolution Options
Wednesday, March 23, 4:30-6 p.m.
MBA, 20 West St., Boston
Join Catherine Shanks of the American
Arbitration Association; Kurt Dettman of Constructive Dispute
Resolutions; and the tri-chairs of the Construction Law Committee
Paul Milligan, Chris Petrini and Ken Rubinstein, for the next
Construction Law Committee meeting on "Staying Out of Trouble: Best
Practices for Designing Dispute Avoidance and Dispute Resolution
Systems."
General boilerplate ADR provisions may allow parties flexibility
to work out the details of their dispute resolution process at the
time of a dispute, but this exposes parties to disruption and
additional delay and cost because they are by definition in
conflict with each other. Designing a strategic ADR approach before
there is a dispute is a far better plan.
This program will review a preparation checklist for designing
dispute resolution systems that utilize dispute avoidance and early
resolution options such as partnering, facilitators, and project
neutrals and also provide strategies and techniques for effectively
managing more adversarial formal processes. Transactional attorneys
and arbitration/litigation advocates alike will benefit from
sharing their experiences with these different methods and how they
can be packaged up front to deliver to clients dispute avoidance
system, as well as a better dispute resolution system.
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Limited Assistance Representation
Informational open meeting
Thursday, March 24, 4:30-5:30
p.m.
Western New England College School of Law, 1215 Wilbraham St.,
Springfield
The MBA's General Practice, Solo &
Small Firm Section is sponsoring a three-part series of open
meetings on Limited Assistance Representation (LAR) around the
commonwealth. The first open meeting is scheduled for Thursday,
March 24 from 4:30 to 5:30 p.m. at Western New England College
School of Law in Springfield. All MBA members are invited to
attend. The program's focus will include: What Is LAR; How LAR can
benefit both the legal profession and clients with limited means;
How to qualify for LAR; and What forms and agreements you will need
to streamline your LAR practice. The panel will include Hon. Linda
S. Fidnick, Karen Duffy, Esq., Brigid Mitchell, Esq. and Thomas
Barbar, Esq.
SAVE THE DATES: The second LAR informational
open meeting is scheduled for Thursday, April 28 from 4:30 to 5:30
p.m. at the Brockton Courthouse, 215 Main St., Brockton. The third
meeting will be held at the MBA Centennial Conference on Wednesday,
May 18 from 3:30 to 4:15 p.m. Panelists and topics TBA.
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Health Law Advocates' training on
health care reform
"National Health Care
Reform: We Have Lift Off!"
Friday, March 25, 8 a.m.-12:45 p.m.
McDermott Will & Emery LLP
The MBA is proud to co-sponsor the
Health Law Advocates' training on health care reform on Friday,
March 25 from 8 a.m. to 12:45 p.m. at McDermott Will & Emery
LLP in Boston. "National Health Care Reform: We Have Lift Off!"
will provide a legal perspective on how the past, present and
future implementation of national health care reform impacts
Massachusetts consumers. MBA members can attend the program
for a discounted rate of $125.
To
register, click here (direct fee to 'General
Operations') or contact Martha Royston at (617) 275-2881 or at mroyston.
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Considering a Young Lawyers
Division Leadership Position?
Update your resume and apply to be a part of the Young Lawyers
Division's Board of Directors. The YLD's Nominating Committee is
currently seeking applications for county and at-large directors.
This is an excellent way to build leadership skills and gain
valuable insight and experience in team building, group dynamics,
parliamentary procedure and the inner workings of the Massachusetts
Bar Association. Click here to submit an application. Contact
Committee Chair Jake Skinner at [e-mail AttorneySkinner] or Division Board of
Directors' Chair-Elect Scott Heidorn at [e-mail sheidorn] with any questions.