e-Journal

03-17

Image for Conference
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.
  • 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.

  • 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.

Image for Legislative News

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.

 

Image for HOD
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

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. Scroll down for program details, including dates and registration details.

Recorded program Recorded session available for purchase after live program through MBA On Demand.

Live program Real-time webcast available for purchase through MBA On Demand.

UPCOMING MARCH PROGRAMS

Legal Chat: 10 Tips to Manage Your Time and Increase Profits Live program
Friday, March 18, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.

Story-Telling Luncheon Roundtable Live program
Tuesday, March 22, noon-1:30 p.m.
MBA, 20 West St., Boston

Scientific Trial Preparation Luncheon Roundtable Live program
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 Recorded program
Thursday, March 24, noon-2 p.m.
MBA, 20 West St., Boston

Legal Chat: Tools and Strategies for Effective Marketing Live program
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
Recorded program
Tuesday, March 29, 4-7 p.m.
MBA, 20 West St., Boston

Frequently Asked Questions About Employing Foreign Nationals Recorded program
Wednesday, March 30, 4-7 p.m.
MBA, 20 West St., Boston

GP | Solo Symposium: Strategies for Success 2011 Recorded program
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 Live program
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 Live program
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

March/April 2011NOTE: 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.

---------------------------------------------------------------------------------------------------------

MBA On Demand in line

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.

Image for Mock Trial

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

Logo

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

--------------------------------------------------------------------------

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.
Image for Member benefit

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.

Image for Section news

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.

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

-------------------------------------------------------------------------------------------------------

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.

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

-------------------------------------------------------------------------------------------------------

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.

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

-------------------------------------------------------------------------------------------------------

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.

-------------------------------------------------------------------------------------------------------

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.

 

©2013 Massachusetts Bar Association