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Victoria Reggie Kennedy.

May 31 Annual Dinner to feature Kennedy as keynote speaker

The Massachusetts Bar Association is pleased to announce that Victoria Reggie Kennedy will deliver the keynote address at its Annual Dinner set for Thursday, May 31 at the Westin Boston Waterfront.

"We are honored to have Victoria Kennedy -- a compassionate leader and esteemed attorney with a demonstrated commitment to the administration of justice -- share her encouraging message at our premier event of the association year," MBA President Richard P. Campbell said.

In addition to the keynote address, the event will also feature the 2012 Legislator of the Year Award to Speaker Robert A. DeLeo and the presentation of the Annual Access to Justice Awards.

The wife of the late Sen. Edward M. Kennedy, Mrs. Kennedy is co-founder and president of the Board of Trustees of the Edward M. Kennedy Institute for the United State Senate in Boston. The institute has been established to invigorate public discourse, encourage participatory democracy and inspire the next generation of citizens and leaders. Kennedy has served in a hands-on capacity throughout the Institute's development and endowment campaign and continues to spearhead the design, planning, oversight and building of the 40,000 sq. ft. institute to be located on the campus of UMass Boston, adjacent to the John F. Kennedy Library.

Kennedy received her law degree, summa cum laude, from Tulane University School of Law, in New Orleans. She began her legal career as a law clerk for Judge Robert Sprecher in the U.S. Court of Appeals for the Seventh Circuit in Chicago. She then practiced law in the private sector for nearly two decades, with special emphasis on the federal and state regulation of domestic commercial banks and savings and loan institutions.

To purchase tickets or tables of 10 or to find out more on sponsorship opportunities, visit www.massbar.org/AD12 or call (617) 338-0530. Tables of 10 are $1,500 and individual tickets are $150 each.

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House Committee’s budget proposal a mixed bag

Yesterday, the House Ways and Means Committee released its budget recommendations for the upcoming 2013 fiscal year. The committee's recommendation for Trial Court funding is approximately $554.6 million. This planned appropriation is $25 million below the courts' estimated FY13 maintenance budget of $580 million, and $14 million less than Gov. Deval Patrick's earlier recommendation. The Massachusetts Bar Association will continue to strongly press its efforts to increase funding for the courts. The budget hits the House floor for debate the week of April 23.

The House Committee also declined to endorse Patrick's FY13 plan to further expand the use of public defenders to handle criminal caseloads for the Committee for Public Counsel Services. Last year's budget mandated that 25 percent of the criminal cases overseen by CPCS must be assigned to state-employed public defenders.

Proposed funding for the Massachusetts Legal Assistance Corporation (MLAC) is $11 million. MLAC's current FY12 funding is $10.5 million, after the corporation received a $1 million bump in a supplemental budget appropriation.

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MBA submits an amicus brief seeking to preserve a strong independent judiciary

Click here to view a recent amicus brief, submitted by the Massachusetts Bar Association's Amicus Committee Chair Thomas J. Carey Jr. and Chief Legal Counsel Martin W. Healy, relative to a case involving judicial privilege now pending before the Supreme Judicial Court.

Click here to view a recent Lawyers Weekly blog posting, which cites the MBA's involvement.

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2012-13 MBA officers and delegates announced

The Massachusetts Bar Association Nominating Committee, led by MBA Immediate Past President Denise Squillante, has issued its report for the 2012-13 nominations for MBA officers and regional delegates.

The committee was composed of Squillante; Thomas J. Barbar; Laurence M. Johnson; MBA Past President Edward W. McIntyre; Nancy Frankel Pelletier; Michelle I. Shaffer and MBA Past President Valerie A. Yarashus.

Robert L. Holloway Jr. automatically succeeds to the office of president on Sept. 1, 2012. Pursuant to Article VIII, Section 1 of the MBA Bylaws, the committee has filed with MBA Secretary Robert W. Harnais the following list of other officers for 2012-13:

President-elect Douglas K. Sheff
Vice President Robert W. Harnais
Vice President Christopher P. Sullivan
Treasurer Marsha V. Kazarosian
Secretary Martha Rush O'Mara


Regional Delegates:
Region 1 Michael I. Flores
Region 2 Scott D. Peterson
Region 3 Miriam H. Babin
Region 4 Veronica J. Fenton
Region 5 Kyle R. Guelcher
Region 6 Donald R. Bumiller
Walter A. Costello Jr.
Region 7 Timothy V. Dooling
Lee J. Gartenberg
Patricia A. Metzer
Region 8 Alan J. Klevan
David A. DeLuca
Region 9 Denise I. Murphy
Catherine E. Reuben
Kenneth B. Walton
Paul E. White
Region 10 Christopher A. Kenney
James G. Reardon Jr.

For additional information about MBA delegate positions, please refer to
Article V of the MBA's Bylaws. For information on the Nominating Committee, please refer to Article VIII of the MBA's Bylaws. A full copy of the association bylaws can be found here.

To view the MBA Nomination and Election Procedures, click here.

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From left to right: Lt. Gov. Timothy P. Murray and Massachusetts Secretary of Education S. Paul Reville.

MBA to host April 30 “Gateway Cities” forum in Worcester

Lt. Gov. Murray, Education Secretary Reville among featured speakers

Following the success of its debut forum in Dartmouth on Jan. 26, the Massachusetts Bar Association will host its second Gateway Cities forum in Worcester on Monday, April 30 beginning at 5 p.m. in the Jury Room at the Worcester Trial Court, 225 Main St., Worcester.

Lt. Gov. Timothy P. Murray and Massachusetts Secretary of Education S. Paul Reville will be featured on a speaking panel comprised of leaders who have long worked with the issues impacting the state's Gateway Cities. Other panelists include:

  • Michael F. Collins, MD, chancellor of University of Massachusetts Medical School and senior vice president for Health Sciences for UMass;
  • Massachusetts Sen. Harriette L. Chandler (D-Worcester);
  • Massachusetts Sen. Michael O. Moore (D-Millbury);
  • Benjamin Forman, research director, MassINC; and
  • Craig L. Blais, president, Worcester Business Development Corporation.

Following brief presentations from the panel, the remainder of the event will be devoted to an open discussion.

"Like with the first forum, the focus of the Worcester event will be to identify ways in which attorneys can lend their expertise with issues affecting Gateway City communities across Massachusetts," said MBA President Richard P. Campbell, who set Gateway Cities as a prioritized initiative.

Massachusetts' Gateway Cities are those mid-sized cities whose residents are experiencing significantly higher rates of unemployment and a stalemate in social, economic and civic innovation. Some examples are Brockton, Fall River, Lawrence, Springfield and Worcester.

Margaret D. Xifaras, who practices in New Bedford, and Francis A. Ford, who practices in Worcester, have led the MBA's Gateway Cities initiative.

Ford will serve as moderator at the April 30 event.

Those interested in attending should R.S.V.P. to Gwen Landford at (617) 338-0694 or [e-mail glandford].

Join the MBA's Young Lawyers Division for a networking reception on April 25


Bring a friend and join the MBA's Young Lawyers Division for a special networking reception on Wednesday, April 25 at Lir, 903 Boylston St., Boston

Don't miss this opportunity to create invaluable relationships within the legal community, by relaxing and mingling with fellow MBA members.

R.S.V.P. for free appetizers and two complimentary drink tickets -- good for beer or wine.

Click here to attend.



Layering security in the cloud II: client-side encryption tools

Previously in this space, we covered some homegrown methods for further securing documents uploaded to cloud providers. Our focus last time was on Dropbox, which had recently suffered a significant security breach.

However, what is known as 'client-side encryption' is not exclusively a jury-rig/do-it-yourself system, that is only applicable to one service.  While you can use, as we suggested last time, your existing productivity and security tools (like Microsoft Word or Adobe Acrobat and freeware products, like TrueCrypt) to encrypt your files for upload to cloud storage/sharing sites, there are also stand-alone products that will allow you to encrypt documents for upload to cloud providers, on-the-fly.

These services will, just like your homebrew solutions, allow you to reverse the general dynamic of the cloud upload, in which the cloud provider maintains the encryption key. With the use of a service dedicated to the proposition, you'll not only maintain the encryption key (that neither the cloud provider you use, nor the potential hacker will know), but you'll also have access to a more full-featured tool, that can work across devices.

Last time, we made reference to SecretSync, which sounds like it would work with SugarSync, but is promoted as being useful for engagements with Dropbox; and, there is also BoxCryptor, which ostensibly works with Dropbox, and CloudFogger. These tools, though, because they are another set of pre-encryption services, can work with just about any cloud provider. These programs are all free, to start, with rates accruing (or about to be accruing) based on the number of gigabytes in use; in this way, the pricing model exactly reflects that imposed by the services these client-side encryptors seek to further protect you on.

Everybody wants to make sure that their documents are secure on the web; now, you have two simple and distinct methods (d-i-y + third-party tools) to take control of your security in the cloud.

*Thanks to Jim Brashear, general counsel for ZixCorp, for bringing to my attention BoxCryptor, and then CloudFogger.  To hear Jim's thoughts on email encryption, listen here.

Tip courtesy of Jared Correia, Law Office Management Assistance Program.

Published April 12, 2012


To learn more about the Law Practice Management Section, which is complimentary for all MBA members, contact LPM Section Chair Thomas J. Barbar or Vice Chair Stephen Seckler.
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Attorney vacancies at the U.S. Department of Justice

The U.S. Department of Justice has numerous attorney vacancies. All interested applicants are encouraged to apply, but due to temporary funding restrictions, the department may not be able to fill all of the currently advertised positions.

Click here to view a current list of available positions.

To learn more about the U.S. Department of Justice and its legal careers, click here.

In addition, every year over 1,800 volunteer legal interns serve in DOJ components and U.S. Attorneys' Offices throughout the country. Law students interested in a DOJ volunteer internship, should click here for opportunities.

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News from the courts

SJC invites comments on proposed amendments to Rules 12 and 29 of the Massachusetts Rules of Criminal Procedure; SJC invites comments on proposed interim electronic filing guidelines and protocols for electronic filing pilot projects in the Trial and Appellate courts


SJC invites comments on proposed amendments to Rules 12 and 29 of the Massachusetts Rules of Criminal Procedure

The Supreme Judicial Court's Standing Advisory Committee on the Rules of Criminal Procedure invites comments on proposed amendments to Rules 12 and 29 of the Massachusetts Rules of Criminal Procedure. In Commonwealth v. Rodriguez, 461 Mass. 256 (2012) and Commonwealth v. Dean-Ganek, 461 Mass. 305 (2012), the court held that Mass. R. Crim. P. 12 does not provide for plea agreements that would bind a trial court judge once accepted, but asked the Standing Advisory Committee to consider whether amendments to Rule 12 are necessary or appropriate and, if so, whether Rule 29 should be amended to conform with any such amendments.

Click here to learn more.

The committee welcomes all comments pertaining to the issues raised by this proposal and will make recommendations to the SJC after reviewing the comments submitted.  Comments should be directed to Attorney Barbara Berenson at [e-mail barbara.berenson] or at the Supreme Judicial Court,  John Adams Courthouse, One Pemberton Square , Boston MA 02108, on or before June 15.


SJC invites comments on proposed interim electronic filing guidelines and protocols for electronic filing pilot projects in the Trial and Appellate courts

The Supreme Judicial Court Rules Committee invites comments on  proposed Electronic Filing Guidelines and Protocols. The protocols are intended to provide guidance during the implementation of several electronic filing pilot projects that are planned for both the Trial and Appellate Courts. Pilot projects using electronic filing are expected to begin in the Appeals, BMC, District, Probate and Supreme Judicial Court during the upcoming months.  The pilot projects will take place in one court division each in the District, Boston Municipal and Probate and Family Courts and in the offices of the Clerk of the Supreme Judicial Court for the Commonwealth, the Clerk for Suffolk County and the Appeals Court, for one particular case type. The pilot projects will be available on a voluntary basis  During the period of the pilots projects, the protocols will serve as an interim source of rules and procedures.

Click here to view the protocols.


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Images from the April 5 MBA Appreciation Week Dessert Tasting at the University of Massachusetts Club in Boston.

Photos by Merrill Shea.

Members win prizes, attend dessert tasting during Appreciation Week

To thank members for their commitment to the Massachusetts Bar Association, Member Appreciation Week was held April 2-April 6. Members were able to download free MBA On Demand CLE programs and attended a special dessert tasting at the University of Massachusetts Club in Boston.

Special raffles were also held. 2012 winners include:

  • One free pass with parking to the MBA 2012 Annual Dinner, May 31, Boston Westin Waterfront: Peter T. Elikann of Boston
  • Free CLE for a Year: Rebecca J. Gagne of Brockton
  • Free MBA membership and Lawyer Referral Service membership for the 2012-2013 association year: Randy J. Milou of Springfield

Upcoming CLE seminar and program schedule

Attend the Lifecycle of a Business Part II on April 25 for information on leasing, selling and debt/equity financing issues.

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.


Latest in the Law: Criminal/Juvenile Law Update Live program
Thursday, April 12, 5-7 p.m.
MBA, 20 West St., Boston

Law Practice Management Section Educational Series: Social Media and Blogging
Live program
Wednesday, April 18, 12:30-1:30 p.m.
MBA, 20 West St., Boston

Conveying Real Estate under the MUPC Live program
Thursday, April 19, 5-7 p.m.
MBA, 20 West St., Boston

Health Law Legal Chat Series: Session II Live program
Friday, April 20, noon-1 p.m.
MBA, 20 West St., Boston

Lifecycle of a Business Part 2: Land Use/Permitting & Business Financing Live program
Wednesday, April 25, 5-7 p.m.
MBA, 20 West St., Boston

MUPC Basics: An Overview of the New Massachusetts Uniform Probate Code
Friday, April 27, 9 a.m.-5 p.m.
Massachusetts School of Law, 500 Federal St., Andover


Criminal/ Immigration Law Training Conference Live program
Wednesday, May 9, 9 a.m.-4:30 p.m.
MBA, 20 West St., Boston

General Practice, Solo & Small-Firm Conference
Thursday, May 10, noon-5 p.m.
Lombardo's, 6 Billings St., Randolph

33rd Annual Labor & Employment Law Spring Conference Recorded program
Friday, May 18, 9 a.m.-5 p.m.
Colonnade Hotel, 120 Huntington Ave., Boston


MBA On Demand

Unable to attend March seminars? Practitioners who were not able to attend MBA CLE programs in March 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.

March CLE programming now available includes:

To view a listing of current programs offered on MBA On Demand, click here.

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Featured member benefit: Special pricing on Celtics games

The Boston Celtics are offering Massachusetts Bar Association members the chance to receive special pricing on Celtics games. Come watch Kevin Garnett, Paul Pierce, Ray Allen, Rajon Rondo and the rest of the Celtics go after their 18th championship. Tickets are limited and are available on a first come, first served basis.  If you have any difficulty ordering or have any questions, please contact Steve Hutchinson with the Boston Celtics at [e-mail shutchinson].

PASSWORD: banner18
WEBSITE: http://bit.ly/GCwk48

  • Tuesday, April 24 vs. Miami -- $75 balcony (reg. $98)
  • Thursday, April 26 vs. Milwaukee -- $60 loge (reg. $118) or $30 balcony (reg. $53)

Directions for using online purchases are as follows: Select the game that you desire (click on the "Find Tickets" button), and then enter in the special password and click "Verify." You will then need to create an account to claim and purchase your tickets from our website. You will only need to do this once as you will be able to re-enter future games with this information. It will ask you to verify number of seats required before placing your credit card information. You will receive a file attachment via e-mail that contains your tickets. Open the attachment and simply print the file. These print-outs will be your tickets for the game. Can't print in your office? E-mail the file attachment to another computer that you can print your tickets on. Be advised, the e-mail address you are forwarding your information to is a secured website.

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Section News: Upcoming meetings and special section events

Join in the April 17 Labor & Employment and Property Law section council meetings. Attend the April 18 Judicial Administration, Probate Law and Taxation Law section council meetings. Mark your calendars and attend the April 25 IRR open meeting on Internet reputations.

Labor & Employment Section Council meeting

Tuesday, April 17, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Labor & Employment Section Council is scheduled for Tuesday, April 17 from 4:30 to 6 p.m. All section members are invited to attend.

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


Property Law Section Council Meeting

Tuesday, April 17, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Property Law Section Council is scheduled for Tuesday, April 17 from 5:30 to 7 p.m. All section members are invited to attend.

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


Judicial Administration Section Council meeting

Wednesday, April 18, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Judicial Administration Section Council is scheduled for Wednesday, April 18 from 4:30 to 6 p.m. All section members are invited to attend.

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


Probate Law Section Council meeting

Wednesday, April 18, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Probate Law Section Council is scheduled for Wednesday, April 18 from 5 to 6:30 p.m. All section members are invited to attend.

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


Taxation Law Section Council meeting

Wednesday, April 18, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Taxation Law Section Council is scheduled for Wednesday, April 18 from 5 to 6:30 p.m. All section members are invited to attend.

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


Individual Rights & Responsibilities Section open meeting

Guarding your reputation on the Internet: What are they saying about you?
Thursday, April 25,
noon-1:30 p.m.
MBA, 20 West St., Boston

You are invited to attend the Individual Rights & Responsibilities Section open meeting scheduled for Thursday, April 25 from noon to 1:30 p.m. The focus of this meeting will be:

  1. How a professional may guard his/her reputation on the Internet.
  2. The ways freedom of expression and First Amendment protections intersect with intellectual property and other legal regimes.

Panelists will include: Michelle Keith, moderator, University of Massachusetts School of Law; Daniel A. Batterman, The Law Office of Daniel A. Batterman; and Christopher T. Bavitz, assistant director of Harvard Law School's Cyberlaw Clinic.

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


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