e-Journal
05-12
Legislative News
MBA applauds the House of Representatives for passing historic court reform legislation
The Massachusetts Bar Association is celebrating following the
May 4 House of Representatives' passage of legislation that will
professionalize Trial Court management, better aligning
Massachusetts with other innovative and forward-thinking court
systems.
House Chairman of the Committee on the Judiciary Eugene
O'Flaherty acknowledged the MBA in his remarks during the
approximately hour-long debate that resulted in a 152 to 0 vote in
favor of the legislation. The legislation will now move on to
the Senate for a vote.
House Bill No. 3395 will benefit litigants and the public alike
as it presents multiple efficiencies for the court system.
Specifically, the creation of a court administrator position to be
assumed by an expert, non-judicial civilian administrator, is
reform long advocated by the MBA. The MBA's independently
commissioned 1991 Harbridge House Report and the 2003 MBA Court Study Task Force Report both
included detailed findings and recommendations regarding the employ
of such an administrator.
"This proposal brings to fruition more than 30 years of best
practices from the state and the nation," said MBA President Denise
Squillante, who was joined by MBA Past President Leo V. Boyle
in early May to testify in favor of the bill before the Joint
Committee on the Judiciary. "This change will place Massachusetts
where it should be, as a national model for an innovative and
effective court system."
Celebrate the MBA's 100-year history at next week's Centennial Conference
Join in CLE programming, the Access to Justice Awards Luncheon, "Hail to the Chiefs" Bench-Bar panel and Centennial Ball
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 conference will feature three concurrent CLE tracks, the
annual Access to Justice Awards Luncheon, the "Hail to the Chiefs"
Bench-Bar Panel and the Centennial Ball. Click here for Centennial Conference
exhibitors.
Click here to
register.
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SOLD
OUT: Access to Justice Awards Luncheon, May 18
12:30-2 p.m.
The luncheon will honor five attorneys and one law
firm for their efforts in providing exemplary legal services to the
public. Lt. Gov. Timothy P. Murray will deliver
the luncheon's keynote address and will also be honored with an MBA
Centennial Award.
- Legal Services Award: Linda L. Landry, Esq.,
Disability Law Center, Boston; Daniel S. Manning, Esq., Greater
Boston Legal Services, Boston
- Pro Bono Award for Law Firms: Law Offices of
Howard Friedman, Boston
- Pro Bono Publico Award: Eleanor J. Newhoff,
Esq., Attorney at Law, Cambridge
- Defender Award: Radha Natarajan, Esq.,
Committee for Public Counsel Services, Somerville
- Prosecutor Award: Katharine B. Folger, Esq.,
Middlesex District Attorney's Office, Woburn
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"Hail to the Chiefs" Bench-Bar Panel and Reception, May 18
4:30 to 6 p.m. (reception to follow)
An informal "Hail to the Chiefs" bench-bar panel discussion,
featuring many of the state's top judges, will address important
bench-bar topics and serve as the wrap-up to the first day of
conference programming. Attendees will have an opportunity to
interact with distinguished members of the panel, including:
Moderator: Associate
Justice Ralph D. Gants (pictured, right), Supreme Judicial
Court;- Chief Justice Paula M. Carey, Probate and
Family Court;
- Chief Justice Lynda M. Connolly, District
Court;
- Chief Justice Michael F. Edgerton, Juvenile
Court;
- Chief Justice Charles R. Johnson, Boston
Municipal Court;
- Chief Justice for Administration and Management Robert
A. Mulligan;
- Chief Justice Steven D. Pierce, Housing
Court;
- Chief Justice Phillip Rapoza, Appeals
Courts;
- Chief Justice Barbara J. Rouse, Superior
Court;
Chief Justice
Karyn F. Scheier, Land Court; and- Chief Judge Mark L. Wolf, U.S. District
Court.
A reception will follow, at which Supreme Judicial Court
Suffolk County Clerk Maura S. Doyle will be recognized
with the MBA Public Service Award.
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Continuing Legal Education, May 18 and May 19
The MBA's Centennial Conference will kick-off on
Wednesday, May 18 with a half-day of continuing legal education
programming and will continue with a full-day of programming on
Thursday, May 19. Centennial Conference Co-Chairs Marsha V.
Kazarosian and Douglas K. Sheff are pictured, right. Click here to view the full schedule. The
conference features three concurrent CLE tracks, including:
Litigation Track
- Hot Issues in Discovery; Crafting a Winning Theme -- From Soup
to Nuts; Effective Use of Evidence During Your Case; Direct-and
Cross-Examination of Expert Witnesses; Convincing the Judges:
Practical Advice for Litigators; Voir Dire
Substantive Law Track
- Family Law Update; Trends in Employment Law; Uniform Probate
Code Update; Criminal Law -- A View from the Courts; Secret Weapons
for the Personal Injury Attorney; Tax Implications in Real Estate
Transactions
Young Lawyers Track
- Running Your Law Practice on a Shoestring Budget; Limited
Assistance Representation Open Forum; Social Media for Lawyers;
Technology From Your Office to the Courtroom; Networking Strategies
for the Successful Attorney; 60 Sites to Bring Your Firm Into the
Future
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SOLD
OUT: MBA Centennial Ball, May 19
5:30 p.m.: Reception
6:30 p.m.: Dinner and awards
(After dinner, guests are invited to enjoy a dessert reception and
dancing. Business or cocktail attire welcome.)
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 the late Richard G. Mintz of Mintz
Levin with a posthumous Centennial Award.
The MBA would like to thank its current
sponsors, whose generous support is helping the MBA celebrate a
century of service to the public, profession and rule of
law.
.
News from the courts
SJC Task Force issues recommendations on court officer hiring and promotion; SJC approves amendments to Appeals Court Standing Orders on the filing of certain motions, electronic notification of court orders in lieu of paper notice, governing petitions to the single justice and adopts a six month pilot program requiring appellants to file docketing statements in civil cases
The Supreme Judicial Court has
reviewed the recommendations presented in the "Action Plan for Hiring and Promotion of Court
Officers and Associate Court Officers," delivered to the court
by the SJC's Task Force on Hiring in the Judicial Branch, chaired
by former Attorney General Scott Harshbarger.
The action plan outlines recommendations that the task force
believes will improve current procedures. They include implementing
best practices for attracting and employing highly qualified
individuals, restricting the use of recommendations until finalists
are selected, introducing annual performance evaluations, creating
a career path as a performance incentive, and centralizing
supervision of the hiring process.
Last December the SJC established the task force to undertake a
comprehensive review of the hiring and promotion practices in the
Judicial Branch in the wake of the abuse in the hiring and
promotion practices of the Probation Department documented in a report by Independent Counsel Paul Ware. Task
force members now will continue work on their mandate by
undertaking reviews of the remaining parts of the judiciary, while
monitoring the transformation of probation.
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SJC approves amendments to
Appeals Court Standing Order
regarding the filing of certain motions and letters
The original standing order went into
effect on May 1. Since then, the court has identified several items
that need to be modified to make the electronic filing of documents
more efficient and convenient for counsel, litigants and the court.
First, the court has revised the standing order's title to more
accurately reflect its scope, revising it to state "Standing Order
Requiring the Electronic Filing of All Motions and Letters After
Panel Assignment." Second, the court has deleted the requirement
that attorneys and self-represented litigants file both a paper
original and a PDF copy of the same document. Instead, the standing
order requires attorneys and litigants to electronically file
(i.e., e-mail) only a PDF of the document, and submit no paper
original or copies. An original or additional paper copies are not
required because the clerk's office distributes these documents
electronically to the justices. This change will benefit counsel
and self-represented parties since they will not need to incur the
costs associated with producing and mailing or delivering multiple
paper copies, and streamline the distribution mechanisms within the
court. Finally, the revised standing order states that upon motion
and a showing of good cause, the court can grant leave to file only
a paper copy in lieu of the PDF.
Click here to learn more.
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SJC approves Appeals Court
Standing Order governing electronic notification of court orders,
notices and decisions in lieu of paper notice
The Standing Order permits attorneys
and self-represented litigants to register to receive only
electronic (i.e., e-mail) notification of the court's actions,
orders, and decisions, in lieu of paper notice. To register,
attorneys and self-represented litigants must file a signed consent
form, which will be available on the Appeals Court's Web site as a
PDF form that can be filled, saved and e-mailed to the clerk's
office. The clerk's office will issue the electronic notifications
multiple times each day to registered attorneys and
self-represented litigants, while conserving its limited resources
and expenses by not printing and mailing duplicative paper notices.
The Standing Order is effective June 1.
Click here to learn more.
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SJC approves Appeals Court
Standing Order governing petitions
to the single justice pursuant to G. L. c. 231, sec.
118
These standing orders will require petitioners to file certain
documents that are essential to the single justice's screening of
both petitions for interlocutory review and motions to stay
judgments or the execution of sentences. The Standing Order is
effective June 1.
Click here to learn more.
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Appeals Court adopts six
month pilot program requiring appellants to file docketing
statments in civil cases
The Justices of the Appeals Court have proposed a pilot program
requiring appellants to file docketing statements in all civil
appeals. The docketing statement will provide the court with
important background information that will be useful not only when
the case is entered and screened, but also while it is under
consideration.
Click here to learn more.
From left to right: Conference Co-Chair Sheryl D. Eisenberg, Esq., Hirsch, Roberts, Weinstein LLP, Boston; Conference Co-Chair Christina L. Montgomery, Esq., Law Office of Christina L. Montgomery, Watertown; Hon. Ralph D. Gants, keynote speaker, Supreme Judicial Court.
Save the Date: 32nd Annual Labor & Employment Law Spring Conference
Join fellow MBA members at the 32nd Annual Labor
& Employment Law Spring Conference on Monday, June 6 at the
Colonnade Hotel, 120 Huntington Ave., Boston.
-
8:30 a.m.: Registration
-
9 a.m.: Introductory remarks
-
9:15 a.m.: The New and the Noteworthy at the MCAD:
Trends, Tips and Changes
FACULTY: Julian T. Tynes, Esq., chairman,
Massachusetts Commission Against Discrimination, Boston;
Sunila Thomas-George, Esq., Massachusetts
Commission Against Discrimination, Boston; Jamie R.
Williamson, commissioner, Massachusetts Commission Against
Discrimination, Boston.
The commissioners of the Massachusetts Commission Against
Discrimination ("MCAD"), Chairman Julian Tynes, Jamie Williamson
and Sunila Thomas-George, will join us for a panel discussion about
current trends in employment discrimination law and recent and
planned regulatory and procedural changes at the MCAD. The panel
will discuss the impact of recent decisions in the areas of
associational discrimination, including the MCAD's decision in
Gryzych v. American Reclamation Corp., arbitration
provisions in employment agreements in the wake of the SJC's
decision in Joule Inc. v. Simmons, and the future of
agency guidelines in the wake of the SJC's decision in
GlobalNAPS Inc. v. Awiszus. The commissioners will also
discuss current regulatory and procedural initiatives at the MCAD,
including the revamping of regulations governing maternity leave,
disability discrimination and sexual harassment claims, the status
of the MCAD's mediation program and investigatory procedures.
-
10:30 a.m.: Break
-
10:45 a.m.: The Future of Employee Voice in the
Workplace -- Union and Non-Union
FACULTY: Nicholas Anastasopoulos, Esq.,
Mirick, O'Connell, DeMallie and Lougee LLP, Worcester;
James Bucking, Esq., Foley Hoag LLP, Boston;
Prof. Richard B. Freeman, Harvard Law School,
Cambridge; Rosemary Pye, Esq., regional director,
National Labor Relations Board, Boston.
Both employees and employers need institutions for collective
voice in the work place. With unionization below 8 percent in the
private sector, few have unions to express their views on issues.
What are employers, employees and unions doing to create mechanisms
for voice outside collective bargaining agreements? What can they
do? How does the National Labor Relations Board deal with employee
voice issues?
-
Noon: Lunch and Keynote Address by Supreme Judicial
Court Associate Justice Ralph D. Gants
-
1:15 p.m.: Labor Law Update
FACULTY: Bryan C. Decker, Esq., Sandulli
Grace PC, Boston; Alfred S. Gordon, Esq., Pyle
Rome Ehrenberg PC, Boston; Peter J. Moser, Esq.,
Hirsch, Roberts, Weinstein LLP, Boston.
Labor issues have dominated the news in recent months, with
public sector unions fighting back against increased pressure and
scrutiny, with lockouts -- actual and threatened -- taking place in
several professional sports leagues and with intriguing cases
attracting national interest such as the recent NLRB decisions
addressing protected activity in the age of social media Web sites
like Facebook.
Join our panel of experienced labor law practitioners as they
summarize and explain the most recent labor cases, developments and
trends taking place in both the public and private sector. The
program promises to be interesting and informative for employment
lawyers and is a must for labor law practitioners.
-
2 p.m.: Break
-
2:45 p.m.: Is Your Client Ready For This?
FACULTY: Amy Carlin, Esq., Morgan, Brown
& Joy LLP, Boston; Elizabeth A. Rodgers, Esq.,
Rodgers, Powers & Schwartz LLP, Boston.
Not your mother's traditional annual update, but a fast paced
rapid response check list for 2011 issues you may have missed. This
section is designed to highlight the most important issues that
have emerged in the past year, with particular emphasis on
preparing your client to pursue, investigate, deter and/or defend
against claims of discrimination.
-
4 p.m.: Reception
Click
here for a full conference schedule.
Click here to register.
LPM Tip
LockSquawkBox: Encrypt Your Smartphone Calls
At this late date, even the last vestiges of loose data are
becoming privatized. With the advent of smartphones as
mini-computers, and their hostile takeover of all things telephony,
it is now possible to encrypt even your telephone calls.
This recent article from TechRepublic (and comments), discussing an
Android platform encryption option, does a good job of explaining
the movement. The Android app reviewed?: RedPhone.
But, Android does not have the market cornered on smartphone call
encryption. Each of the major smartphone platforms offers its own
apps, in its own app stores; and, each has its own call encryption
app: There is Kryptos, for the iPhone; and
there's CellCrypt Mobile, for Blackberry and
Nokia
phones.
Tip courtesy of Jared Correia, Law Practice Management
Advisor, Law Office Management Assistance
Program.
Published May 12, 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.
June 2 Excellence in the Law event to honor Hon. Judith A. Cowin (ret.) and State House News Service
Massachusetts Lawyers Weekly and the Massachusetts Bar
Association will honor a distinguished roster of professionals at
the annual Excellence in the Law celebration at the Hynes
Convention Center in Boston on Thursday, June 2 beginning at 5:30
p.m. A cocktail reception will precede the awards ceremony.
In addition to the Diversity Heroes and Up & Coming Lawyers
selected by Massachusetts Lawyers Weekly to be honored at
the event, the Daniel F. Toomey Judicial Excellence Award will be
presented to former Supreme Judicial Court Associate Justice Judith
A. Cowin (ret.) and the Excellence in Legal Journalism Award will
be presented to the editorial team of State House News Service.
Click here for more information about the June
2 Excellence in the Law event.
Featured member benefit: AffiniPay
Save 25 percent off your credit card processing fees
Trust your transactions to the only payment solution recommended
by over 60 bar associations. Correctly safeguard and separate
client funds into trust and operating accounts. Funds are never
commingled. The ability to accept credit cards attracts clients,
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to 25 percent off their credit card processing fees. If you are
considering accepting credit cards or want to confirm that you are
processing credit card transactions correctly, call (866) 376-0950
or click here.
This MBA member benefit was
formerly known as Affiniscape Merchant Solutions.
** Valid MBA Membership required.
Upcoming CLE seminar and program schedule
Learn intellectual property law basics to help your clients leverage intellectual assets at the May 25 "Intellectual Property Basics for the Non-Specialist" seminar
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 MAY PROGRAMS
MBA Centennial
Conference
Wednesday, May 18-Thursday, May 19
Boston Sheraton Hotel, 39 Dalton St., Boston
Legal Chat: New 2010 Tax Act
Friday, May 20, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Life Cycle of a Business Part 2:
Employment/Litigation Matters
Wednesday, May 25, noon-2 p.m.
MBA, 20 West St., Boston
Intellectual Property Basics for the
Non-Specialist
Wednesday, May 25, 4-7 p.m.
MBA, 20 West St., Boston
LOMAP's Super Marketing
Conference
Thursday, May 26, 1-7 p.m.
MBA, 20 West St., Boston
UPCOMING JUNE PROGRAMS
Heavy Cloud, No Rain: Cloud Computing for
Legal
Wednesday, June 1, noon-2 p.m.
MBA, 20 West St., Boston
Practice Skills for Child Welfare
Practitioners
Thursday, June 2, 4-7 p.m.
MBA, 20 West St., Boston
Legal Chat: Developing Your Life
Portfolio
Friday, June 3, noon-1 p.m.
MBA, 20 West St., Boston
SAVE THE DATES
32nd Annual Labor & Employment Law
Spring Conference
Monday, June 6, 9 a.m.-5 p.m.
The Colonnade Hotel, 120 Huntington Ave., Boston
Fifth Annual Public Law Conference
Thursday, June 16, 9 a.m.-2 p.m.
MBA, 20 West St., Boston
Health Law Conference
Wednesday, June 22, 9 a.m.-2 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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Unable to attend April seminars?
Practitioners who were not able to attend MBA CLE programs in April
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.
April CLE programming now available includes:
To view a listing of current
programs offered on MBA On Demand, click
here.
Section News: Upcoming meetings and special section events
Join in the May 17 Labor & Employment and Criminal Justice meetings. Labor & Employment will host a May 23 open forum with EEOC Chair Jacqueline Berrien and a May 24 open meeting on legislative initiatives. Attend the May 23 Business Law meeting. LAR training, Probate Law, Judicial Administration are scheduled for May 25. Participate in Civil Litigation and Public Law meetings on June 1 and a Public Law on June 2. Save the date: Immigration Law meeting and social on June 9.
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Labor & Employment Section
Council meeting
Tuesday, May 17, 4:30-6
p.m.
MBA, 20 West St., Boston
TThe next meeting of the Labor & Employment Section Council
is scheduled for Tuesday, May 17 from 4:30 to 6 p.m. All section
members are invited to attend.
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Criminal Justice Section Council
meeting
Tuesday, May 17, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Criminal Justice Section Council is
scheduled for Tuesday, May 17 from 5:30 to 7 p.m. All section
members are invited to attend.
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Labor & Employment open
forum
Afternoon with EEOC Chair
Jacqueline Berrien
Monday, May 23, 2-4 p.m.
MBA, 20 West St., Boston
Join the Labor & Employment Section at an open forum on
Monday, May 23 from 2 to 4 p.m., to meet and hear from the Equal
Employment Opportunity Commission Chair Jacqueline A. Berrien.
Members of the EEOC's Boston-area office and New York district
office, which have jurisdiction over enforcement of federal
anti-discrimination laws in Massachusetts and New England, will
also be in attendance, along with Massachusetts Commission Against
Discrimination commissioners and other members from various New
England Fair Employment Practice Agencies.
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Labor & Employment open
meeting
Legislative initiatives
impacting Massachusetts employers and employees
Tuesday, May 24, noon-2 p.m.
MBA, 20 West St., Boston
Join the Labor & Employment
Section as they host a panel discussion on legislative initiatives
which could significantly impact Massachusetts employers and
employees, as well as the practice of employment law. The
prestigious panel will be comprised of representatives William N.
Brownsberger (D-Belmont), Lori A. Ehrlich (D-Marblehead) and Martin
J. Walsh (D- Dorchester). The panelists will discuss, among other
legislative initiatives, the following specific proposed bills:
- House Bill 1409 which would amend the Massachusetts Maternity
Leave Act (sponsored by Rep. Walsh);
- House Bill 1411 which would amend the Massachusetts Wage Act
(by making treble damages mandatory only upon willful violation)
(sponsored by Representative Walz);
- House Bill 2293 which would regulate the use of
non-competition/non-solicitation agreements (sponsored by
Representatives Brownsberger and Ehrlich);
- House Bill 1398 which would require employers to provide paid
sick leave to employees (sponsored by Representative Khan).
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Business Law Section Council
meeting
Tuesday, May 24, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Business Law Section Council is
scheduled for Tuesday, May 24 from 6 to 7:30 p.m. All section
members are invited to attend.
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Limited Assistance Representation
training session
Wednesday, May 25, 4-7
p.m.
Barnstable Probate and Family Court, 3195 Main St.,
Barnstable
The MBA's General Practice, Solo &
Small-Firm and Access to Justice Sections are co-sponsoring a
series of open meetings on Limited Assistance Representation (LAR)
around the commonwealth. The next in this series will be held at
the Barnstable Probate and Family Courthouse on Wednesday, May 25
from 4 to 7 p.m. Hon. Edward Ginsburg (ret.),
Stephen M. McGonigle, Esq. of the Law Office of
Stephen M. McGonigle, Robert A. Brown Esq. of
Brown & Barbosa PC and Ilene Mitchell Esq.,
Probate and Family Court Administrative Office will discuss the
following issues:
- 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.
Upon completion of this training
session, attorneys will be certified to use Limited Assistance
Representation in all divisions of the Probate and Family
Court.
To R.S.V.P., click here. Space
is limited.
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Probate Law Section Council
meeting
Wednesday, May 25, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Probate Law Section Council is
scheduled for Wednesday, May 25 from 5 to 6:30 p.m. All section
members are invited to attend.
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Judicial Administration Section
Council meeting
Wednesday, May 25,
4:30-6 p.m.
MBA, 20 West St., Boston
The next meeting of the Judicial Administration Section
Council is scheduled for Wednesday, May 25 from 4:30 to 6 p.m. All
section members are invited to attend.
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Municipal Tax Practice Group
meeting
Wednesday, June 1,
5-6:30 p.m.
MBA, 20 West St., Boston
The next meeting of the Municipal Tax Practice Group meeting
is scheduled for Wednesday, June 1 from 5 to 6:30 p.m. All Taxation
Law section members are invited to attend.
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Civil Litigation Section Council
meeting
Wednesday, June 1,
4:30-6 p.m.
MBA, 20 West St., Boston
The next meeting of the Civil Litigation Section Council
meeting is scheduled for Wednesday, June 1 from 4:30 to 6 p.m. All
section members are invited to attend.
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Public Law Section Council
meeting
Thursday, June 2 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Public Law Section Council meeting is
scheduled for Thursday, June 2 from 5:30 to 7 p.m. All section
members are invited to attend.
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Immigration Law Section meeting and
social
Thursday, June 9, 5:15-6:30
p.m.
MBA, 20 West St., Boston
All Immigration Law section members are invited to join the
Immigration Law Section Council for its last meeting of the
2010-2011 association year on Thursday, June 9 from 5:15 to 6:30
p.m., hosted by IRR Section Chair Marisa DeFranco and Vice Chair
Gerald Rovner. We'd like to hear your thoughts and suggestions as
we review the past year and look to the new one. Practice questions
are also welcome.
We'll end with an informal social
across the street at Max and Dylan's beginning at 6:30 p.m.