e-Journal
08-09
From left to right: MBA Chief Legal Counsel Martin W. Healy and MBA Amicus Committee Chair Thomas J. Carey Jr.
Breaking News
SJC rules on case involving judicial privilege; decision aligns with MBA amicus brief
The Massachusetts Supreme Judicial Court has ruled judges cannot
be forced to explain their thought processes in making their
rulings -- a decision that creates a "judicial deliberative
privilege'' in Massachusetts for the first time. The court found
that holding judges accountable for acts of bias violating the code
of judicial conduct is important, but it must be accomplished
"without violating the deliberative processes of judges."
The decision aligns with a Massachusetts Bar Association amicus brief
filed by MBA Amicus Committee Chair Thomas J. Carey Jr. and Chief
Legal Counsel Martin W. Healy on March 30, 2012. Click
here to view the MBA's press release.
Click here to view Boston Globe coverage.
Click here to read an Associated Press article.
Legislative News
Gov. Deval Patrick signs bills into law
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Landmark agreement between physicians and attorneys provides
for medical liability reforms in Massachusetts
The health
care cost control bill recently passed by the Massachusetts
Legislature and signed by Gov. Deval Patrick on Aug. 6 contains
specific language that facilitates an approach of Disclosure,
Apology, and Offer (DA&O) to address medical malpractice
claims.
An historic and unprecedented partnership between physicians and
attorneys in Massachusetts has led to these significant reforms to
medical liability system, allowing for improvements to resolving
malpractice cases that could greatly benefit patients by reducing
some unnecessary and protracted lawsuits while improving patient
safety.
Changes include provisions for a six-month, pre-litigation
resolution period that affords the time to go through a DA&O
process with sharing of all pertinent medical records by the
patient, full disclosure by providers, and for statements of
apology by providers to be inadmissible in court. Click
here to learn more.
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MBA celebrates Gov. Deval Patrick's
signing of the "worker's right to know" bill
The Massachusetts Bar Association applauds
Patrick's Aug. 6 signing into law House
Bill 4034, which requires employers to provide temporary
workers with written notice of key details of their work
assignments and important legal protections available to
them.
The MBA has been part of working coalition, including MassCOSH and
Greater Boston Legal Services, that has advocated forcefully for
the passage of the Temp Worker Right to Know bill for the past
several years.
The law will end the suffering of temporary workers, who often
have limited knowledge of their legal protections and rights
available to them. If injured on job sites, temporary workers are
sometimes left abandoned at the hospital and may not even know the
correct name of their employer. A temporary worker's job location
may change before he or she can return after an injury, leaving the
burden of medical care and other expenses with the injured worker's
family or the commonwealth. Click here to learn more.
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Patrick signs bill relative to
student access to educational services
On Aug. 6, Patrick also signed into law House Bill 4332 relative
to student access to educational services and exclusions from
school. The bill requires school districts to allow students who
are excluded for more than 10 consecutive school days to continue
making academic progress by using alternative educational services,
including tutoring, alternative placement, Saturday school and
online or distance learning. The bill also requires school
districts to track and report data about all suspensions and
expulsions for use in identifying trends in the use of school
exclusions. The MBA support of this bill emanated from the Juvenile
& Child Welfare Law Section Council. Click here to view the bill.
Reminder: Renew your MBA membership by mail or online
The MBA reminds you that the 2011-12 membership year is drawing
to a close and membership renewal notices for the 2012-13 year were
recently distributed. As in years past, the MBA offers members two
renewal options:
- By mail: Renew your MBA membership through the
mail with a check or credit card payment. You should have received
your dues renewal form in the mail in mid-July.
- Online: Click here to renew your
membership online now. We understand how valuable your time is and
are happy to offer you this time-saving, green alternative.
As always, thank you for your continued support of the
MBA.
If you have any questions,
please contact MBA Member Services at (617) 338-0530 or [e-mail membership].
MBA President Richard P. Campbell named to ABA task force on the future of legal education
Massachusetts Bar Association President Richard P. Campbell has
been named to an American Bar Association task force to review and
make recommendations on the state of legal education and its
responsiveness to the needs and opportunities of the legal
market.
Campbell, chairman of Campbell Campbell Edwards & Conroy in
Boston, last year created the MBA's Task Force on Law, the Economy
and Underemployment. The 14-member task force in May released its
report, "Beginning the Conversation," which explores the causes of
and potential solutions for the underemployment of recent law
school graduates in Massachusetts.
The Task Force on the Future of Legal Education consists of
representatives from the judiciary, organized bar, legal education
and legal practice. The task force is expected to continue its work
during the next two ABA presidential terms and conclude in
2014.
Former Massachusetts Supreme Judicial Court Chief Justice Margaret
H. Marshall will also serve on the task force.
In addition to Campbell and Marshall, the task force members
are:
- Randall T. Shepard (chair), former chief
justice, Indiana Supreme Court, and currently executive in
residence at Indiana University's Public Policy Institute;
- Paulette Brown, Edwards Wildman Palmer LLP,
Madison, N.J.;
- Ronald D. Castille, chief justice,
Pennsylvania Supreme Court;
- Michael P. Downey, Armstrong Teasdale, St.
Louis;
- Christine M. Durham, justice, Utah Supreme
Court;
- Joseph D. Harbaugh, professor and dean
emeritus, Nova Southeastern University Shepard Broad Law
Center;
- Kevin R. Johnson, Enforcement and Litigation
Division, National Credit Union Administration;
- Paula Littlewood, executive director,
Washington State Bar Association;
- Thomas W. Lyons III, Strauss
Factor Laing & Lyons, Providence, R.I.;
- Leo Paul Martinez, professor, University of
California Hastings College of the Law;
- Nancy Hardin Rogers, professor emeritus, Ohio
State University College of Law;
- Maritza Sáenz Ryan, head of the Department of
Law, U.S. Military Academy;
- James A. Wynn Jr., U.S. Court of Appeals,
Fourth Circuit;
- Jolene A. Yee, associate general counsel, E.
& J. Gallo Winery, Modesto, Calif.;
- David Yellen, dean, Loyola University Chicago
School of Law; and
- Jay Conison, dean, Valparaiso University Law
School (task force reporter).
In addition, two representatives of the ABA's Young Lawyers
Division will be named to the task force.
From left to right: MBA President Richard P. Campbell and MBA Task Force on Law, the Economy and Underemployment Chair Eric J. Parker.
MBA teams with WBZ Call for Action to offer Mass. residents free legal advice
Volunteer lawyers from the MBA will field phone calls from 7 to 9 p.m. on Aug. 15 from Bay State residents who have legal concerns or problems
Massachusetts residents can receive free legal advice on
Wednesday, Aug. 15 by participating in the Ask A Lawyer call-in
program presented jointly by the Massachusetts Bar Association and
WBZ Call for Action.
Ask A Lawyer was a regular program from 1978 until 2005. The MBA
and WBZ Call for Action have revived the program to meet the
growing legal needs of the commonwealth's citizens.
"The Massachusetts Bar Association is proud to have worked with
WBZ radio to bring back this critical program," MBA President
Richard P. Campbell said. "The country's current economic crisis
has both pushed the need for legal help to an all-time-high and
made it harder for the average citizen to afford legal services. We
hope this program can help bridge that gap."
Volunteer lawyers from the MBA will field phone calls from 7 to
9 p.m. on Aug. 15 from Bay State residents who have legal concerns
or problems. The legal advice is provided at no charge as a public
service.
The Ask A Lawyer phone number is
(617) 787-7070. If a caller gets a busy signal,
they are asked to hang up and try again. Normal telephone charges
will apply. NOTE: The phones will only be staffed by MBA
attorneys from 7 to 9 p.m. on Aug. 15.
While volunteer lawyers field calls, MBA representatives will
discuss key legal topics from 8 to 9 p.m. as guests on WBZ Radio's
NightSide with Dan Rea. Campbell will be joined by Eric J. Parker,
chair of the MBA's Task Force on Law, the Economy and
Underemployment, to talk about the state's court funding crisis,
the future of legal education and the MBA's newly launched Lawyer
Referral Service web site, www.masslawhelp.com.
Tell us why you belong to the MBA
Long-time MBA member John Carroll feels the MBA has expanded his world. Share your story.
Engaging conferences. Inspiring pro bono work. Welcoming
networking events. You belong here, at the Massachusetts Bar
Association.
Tell us why YOU belong. E-mail us at
ibelong to share your story and be entered to win a FREE
2013-2014 MBA membership. E-mails must be received by Dec. 31,
2012. A winner will be selected on Jan. 14,
2013.
The MBA offers the legal community a wide array of professional
development and volunteer opportunities.See why others belong.
NOTE: All testimonials shared by
e-mail, mail and phone may be published in various MBA
publications, posted on the MBA web site and its social media
platforms, printed on marketing materials and used in advertising
or for other related endeavors.
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LPM Tip
Make e-mail more secure with two factor authentication
E-mail. It is both boon and bane. I cannot resolve all of your
e-mail conundrums with one tip, but I can reduce your chance of
being hacked.
Gmail subscribers can activate "two factor authentication" (TFA)
to improve the security of their e-mail account. TFA simply means
requiring two things to accomplish a task. For example, an
Automatic Teller Machine (ATM) requires you present your ATM card
(factor one) and input your PIN (factor two) before dispensing
currency. The original TFA may have been the Biblical backstory
of the word Shibboleth in which a tribe known as the Gileadites
asked suspected enemies two questions to confirm their identities
and loyalties. Those failing to answer both questions correctly
were put to death.
Fortunately, Gmail's TFA is not so harsh. Once you activate TFA,
Gmail requires two things to access your e-mail: (1) your password,
and (2) a single-use verification code Google generates. Google
offers three methods to receive this verification code: a
standalone smartphone app that does not require a cell signal, a
text message or a voice call. If you so choose, a log-in using TFA
will remain effective for 30 days. This system is more secure than
a password alone because a potential hacker needs both your
password and the verification code (which is only available on your
smartphone or other designated phone) to access your account.
A step-by-step video on implementing TFA in Gmail can be found
at Matt Cutts' blog in
an August 6, 2012 post entitled "Please turn on two-factor
authentication." Matt, the leader of Google's Webspam Team, also
debunks the some common misconceptions about TFA and provides links
with more information on relevant topics. The website Lifehacker.com offers a written
step-by-step
guide to activating TFA for Gmail. Additionally, Yahoo and
Facebook both offer TFA; see
here and here,
respectively. Yet, as of this writing, other common e-mail or
communication services have not implemented TFA as thoroughly as
Google.
You also should do your part by exercising password diligence.
Use difficult-to-guess passwords and do not reuse passwords for
multiple services. I appreciate that remembering multiple unique
passwords is vexing. To manage numerous passwords you may wish to
learn more about password management services. Both Stephanie Kimbro and
I discussed password management solutions in this
Lawyer's Weekly article. North Carolina practice
management advisor Erik
Mazzone's review of the password management program LastPass is also an excellent
resource. Links to Erik's review and the websites of several
password management program providers are available in a prior LPM
tip. A direct link to that tip is
at this LOMAP blog post.
Whatever online services you enjoy, whenever possible, employ two
factor authentication to make your accounts more secure.
Tip courtesy of Scott L. Malouf (@ScottMalouf),
Law Office
Management Assistance Program (@MassLOMAP).
Published August 9, 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.
Featured member benefit: Fourth Annual Summer Social
Mark your calendars and join the MBA at next Thursday's FREE networking event on the Boston waterfront
Upcoming CLE seminar and program schedule
Learn from experts about "Trust Administration for Disabled Minors and Adults" on Sept. 19
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 FALL PROGRAMS
How to
Handle a Residential Real Estate Closing 
Tuesday, Sept. 11, 3-7 p.m.
MBA, 20 West St., Boston
Public
Construction Law Update
Wednesday, Sept. 12, 4-6 p.m.
MBA, 20 West St., Boston
Trust
Administration for Disabled Minors and Adults
Wednesday, Sept. 19, noon-4 p.m.
MBA, 20 West St., Boston
How to Start and Build a Successful Immigration Law
Practice
Friday, Sept. 21, 9 a.m.-3 p.m.
MBA, 20 West St., Boston
iPad for
Litigators
Tuesday, Sept. 25, 4-6:30 p.m.
MBA, 20 West St., Boston
Representing the OUI
Client
Wednesday, Sept. 26, 4-7 p.m.
Massachusetts School of Law, 500 Federal St., Andover
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Have free time this summer? Catch up on the MBA educational
programs you missed this year at www.massbar.org/OnDemand.
Lifecycle of a Business
Learn the broad spectrum of legal and practical issues
confronted by businesses at each stage of their development.
To
view a listing of current programs offered on MBA On Demand, click here.
Section News: Upcoming meetings and special section events
ABA Taxation Section Fall CLE meeting to be held in Boston in September
ABA Taxation Section Fall CLE
meeting
Thursday, Sept. 13-Saturday,
Sept. 15
Westin Boston Waterfront, 425 Summer St., Boston
The ABA Taxation Section is holding
its fall CLE meeting in Boston this year, in a joint program with
the ABA Real Property, Trust and Estate Law Section.
This is a great opportunity to attend CLE tax programs and to
catch up with old friends. Best of all, current ABA Tax or RPTE
section members who are attending a tax section meeting for the
first time pay no registration fee -- a saving of
about $600.
Click
here for more information.