e-Journal

08-09

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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.

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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

Workplace Safety Bill SigningThe 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.

 

 

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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].

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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.

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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.

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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.

iBelong: Carroll

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

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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


Click here
to R.S.V.P.

Fourth Annual Summer Social

Upcoming CLE seminar and program schedule

Learn from experts about "Trust Administration for Disabled Minors and Adults" on Sept. 19

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 FALL PROGRAMS

How to Handle a Residential Real Estate Closing Live program
Tuesday, Sept. 11, 3-7 p.m.
MBA, 20 West St., Boston


Public Construction Law Update Live program
Wednesday, Sept. 12, 4-6 p.m.
MBA, 20 West St., Boston


Trust Administration for Disabled Minors and Adults Live program
Wednesday, Sept. 19, noon-4 p.m.
MBA, 20 West St., Boston


How to Start and Build a Successful Immigration Law Practice
Live program
Friday, Sept. 21, 9 a.m.-3 p.m.
MBA, 20 West St., Boston


iPad for Litigators Live program
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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MBA On Demand

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.

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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.

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