e-Journal
04-12

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.
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.
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.
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:
Officers:
| 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.

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.
LPM Tip

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
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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.
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.
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
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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.
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.
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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.

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.

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 PROGRAMS
Latest in the Law: Criminal/Juvenile Law
Update 
Thursday, April 12, 5-7 p.m.
MBA, 20 West St., Boston
Law
Practice Management Section Educational Series: Social Media and
Blogging 
Wednesday, April 18, 12:30-1:30 p.m.
MBA, 20 West St., Boston
Conveying Real Estate under the MUPC

Thursday, April 19, 5-7 p.m.
MBA, 20 West St., Boston
Health Law Legal Chat Series: Session
II 
Friday, April 20, noon-1 p.m.
MBA, 20 West St., Boston
Lifecycle of a Business Part 2: Land Use/Permitting
& Business Financing 
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
UPCOMING CONFERENCES
Criminal/ Immigration Law Training
Conference 
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 
Friday, May 18, 9 a.m.-5 p.m.
Colonnade Hotel, 120 Huntington Ave., Boston
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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.
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.
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.
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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.
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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.
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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.
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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.
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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:
- How a professional may guard his/her reputation on the
Internet.
- 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.