e-Journal
12-06
Featured member benefit: My Bar Access
Join your section/division on My Bar Access
My Bar Access -- a new online member-to-member
community exclusive to MBA members - is now available.
Join My Bar Access today by logging in and
creating your member profile at http://access.massbar.org/. You will be
required to agree to a My Bar Access Code of
Conduct the first time you login. To access a step-by-step guide on
getting started, customizing your experience and connecting with
fellow users, click here. If you
have not previously created an MBA online account, you will need to
create a login and password by completing the first time login
process.
A valuable member benefit, My Bar Access
transforms the way you can exchange information with fellow MBA
members by combining social networking, member-created content and
imperative bar resources, in one convenient web location. Each MBA
section and division can interact and share information through a
My Bar Access member group.
Once you have created your member profile, you can instantly
connect with fellow MBA members using interactive My Bar
Access tools, including: blogs, discussions (formerly
known as listservs), resource libraries and more. In addition to
member-created content, My Bar Access member
groups offer information on section-sponsored MBA On Demand
programs, Section Review articles, section leadership and
more.
As an added benefit, My Bar Access is completely
customizable. You can decide how often you wish to receive
notification of My Bar Access group activity.
Take advantage of this invaluable resource, which enables you to
connect, share and collaborate with members of the legal community.
Login
now.
Need help navigating this new site?
Check out the Resource Center tab in the My Bar
Access site navigation bar, for informational guides. The
MBA has provided a PowerPoint that outlines site resources, tips on
posting, how to update your profile and more. These documents are
located throughout the site, in every section/division's resource
library.
If you have additional questions, contact My Bar
Access at [e-mail mybaraccess].
MBA seeks nominations for 2013-14 officer, delegate positions
Submit nominations to MBA by Friday, Feb. 22
The Massachusetts Bar Association is currently accepting
nominations for officer and delegate positions for the 2013-14
membership year. Nominees must submit a letter of intent and a
current resume to MBA Secretary Martha Rush O'Mara by 5 p.m. on
Friday, Feb. 22, 2013 to be eligible.
To submit a nomination, mail or hand deliver the information
to:
Massachusetts Bar Association
Attn: Martha Rush O'Mara, MBA Secretary
20 West St., Boston, MA 02111
If you have any questions about the nomination process, call
MBA Chief Operating Officer Martin W. Healy at (617)
988-4777.
CJC decision on Dougan sides with MBA support of preserving judicial independence
Yesterday, the Massachusetts Commission on Judicial Conduct
voted not to pursue disciplinary action against First Justice
Raymond G. Dougan Jr. of the Boston Municipal Court.
Although the Massachusetts Bar Association did not take a
position on the complaint that prompted the CJC's investigation,
the association did file an amicus brief last spring citing
concerns about the commission's request to access Dougan's mental
notes and thought processes. Click here to view the brief by Thomas J.
Carey Jr. (Collora LLP) and MBA Chief Legal Counsel Martin W.
Healy.
Following the CJC decision, comments from Healy and chair of the
MBA's Committee on Fair and Impartial Courts Thomas M. Hoopes were
featured in coverage by The Boston Globe and Massachusetts Lawyers Weekly (subscription
required).
CPCS employment opportunities
The Committee for Public Counsel Services is committed to
protecting the fundamental constitutional and human rights of its
clients by providing zealous advocacy, community-oriented defense,
and excellent representation.
Click here view a current list of available
positions, including a full-time staff attorney position at Roxbury
Superior Court.
New issue of Lawyers Journal available
The December issue of Lawyers Journal has been mailed
and is available online.
Highlights include:
- Information about the appointment of an independent
investigator to examine the William Hinton State Drug
Labratory;
- Coverage of the International Symposium for Justice & Law
held Nov. 11-14 in Dubai;
- An overview of the Massachusetts Clients' Security Board's
annual report; and
- The MBA's response to a special counsel's report on OUI
cases.
Click
here to read the December issue.
Members of the legal community network at the Young Lawyers Division's "New Lawyer Reception."
Photos by Tricia Oliver.
MBA's Young Lawyers Division hosts "New Lawyer Reception"
Nearly 100 newly-admitted members of the Massachusetts legal
community joined Young Lawyers Division members at the "New Lawyer
Reception" on Dec. 5.
The free social/networking event was held at the Back Deck in
Boston.
Join the MBA as next week's 2012 Holiday Party: Casino Royale on Dec. 13
Bring
your smartphone to the 2012 MBA Holiday Party: Casino Royale on
Dec. 13 and Tweet us your pictures using hashtag #MBACasinoRoyale.
We will share those pictures on all our social media platforms and
publish a slideshow in a future issue of MBA Lawyers
e-Journal.
Nominate a colleague for an MBA Access to Justice award by Monday, Dec. 10
The MBA is accepting nominations for the 2012-2013
Access to Justice Awards.
To nominate and recognize an unsung hero of the legal profession
or a law firm that has made a significant difference for low income
litigants interfacing with the justice system, submit your
nomination by 5 p.m. on Monday, Dec. 10 to:
Massachusetts Bar Association
Access to Justice Awards
20 West St., Boston, MA 02110
We encourage nominations from local and affiliated bar
associations, government agencies and/or legal services
organizations.
Click here for a nomination form.
MBA Tiered Community Mentoring Program participants celebrate the holiday season.
Photos by Elizabeth O'Neil.
MBA's Tiered Community Mentoring Program celebrates the holiday season at Suffolk University Law School
On Tuesday, Dec. 4, Massachusetts Bar Association Tiered
Community Mentoring Program participants celebrated the program's
first annual holiday event at Suffolk University Law School.
Currently in its fourth year, the MBA's Tiered Community Mentoring
program matches selected students, who are interested in
law-related careers, with an attorney mentor. As part of this
innovative program, students from New Mission High School, Roxbury
Community College and Suffolk University Law School have had the
opportunity this year to meet accomplished professionals, as well
as attend court proceedings and bar association events to learn
networking skills.
Over 30 mentors and mentees attended the event. In addition to the
social aspect of the event, three attorneys spoke to the attendees
about their various personal and professional experiences
throughout their careers.
Event speakers included:
- Serge Georges Jr., Esq., Law Office of Serge
Georges Jr., Randolph;
- Nicole G. Price, Esq., director for Diversity,
Inclusiveness and Affinity Relations at Suffolk University Law
School; and
- Jennifer C. Rowe, Esq., assistant district
attorney, Norfolk District Attorney's Office.
LPM Tip
Writing requirement: As of Jan. 1, written fee agreements will be required in most cases
On Oct. 24, 2012, the Massachusetts Supreme Judicial Court issued an order respecting amendments to Court Rule 3:07. The order will amend those Rules
of Professional Conduct at Rule 1.5 and at Rule 6.5. This is the second recent amendment
of Rule 1.5; here's the first.
The revised rules have an effective date of Jan. 1, 2013, and
require that fee agreements, with narrow exceptions, be reduced to
writing; or, as the text of the new Rule 1.5 reads: 'the scope of
the representation and the basis or rate of the fee and expenses
for which the client will be responsible shall be communicated to
the client in writing.' This is a significant change from the prior
version of the rule, which required that contingent fee agreements
be in writing, while only evincing a preference that other fee
agreements be committed to writing, also.
There are some further, relevant matters to be aware of:
- The revised Rule 1.5 requires that the fee agreement be
'communicated in writing to the client before or in a reasonable
time after commencing the representation.' Though, the new Comment
2 to the rule adds that: 'Ordinarily, the lawyer should send the
written fee statement to the client before any substantial services
are rendered.'
- The exceptions to the new Rule 1.5 are as follows, for: (1) a
'single-session' legal consultation; (2) 'when the lawyer
reasonably expects the total fee to be charged to the client to be
less than $500';, (3) services provided 'under the auspices of a
program sponsored by a non-profit organization or court' (nonprofit
and court-annexed limited legal services programs) -- the related
revision to Rule 6.5, adding a new section (1)(a); and, (4) 'when
the lawyer will charge a regularly represented client at the same
basis or rate' -- though, any changes to the basis or rate must be
communicated to the client (even an existing client) in writing,
such that modification of pricing terms triggers the creation of a
new/revised written fee agreement.
- Comment 2 to the revised Rule 1.5 indicates that 'Furnishing
the client with a simple memorandum or a copy of the lawyer's
customary fee schedule is sufficient if the scope of the
representation and the basis or rate of the fee is set forth.' Best
practice, however, would suggest, instead of a bare memorandum of
terms, that the attorney acquire a fully executed fee agreement,
signed by the attorney/attorneys and client/clients. Each party
should initial and date all pages of the fee agreement that do not
contain signature lines.
- Fees and expenses must be outlined in the written fee
agreement.
- Although there is an exception in place for single session
consultations and for engagements in which the fee will not meet or
exceed $500, even in those constructs, 'the scope of the
representation and the basis or rate of the fee and expenses for
which the client will be responsible shall be communicated to the
client,' per the new Comment 2 to Rule 1.5.
For more on the rules changes, you can read the Board of Bar
Overseers' announcement here. Bar Counsel Constance Vecchione has
elaborated on the revised rules at this article, accessible via the BBO/Office of
Bar Counsel's ethics articles repository. Among other things,
Vecchione addresses the history of the rule's reformation, expands
upon the importance of acquiring a fully executed fee agreement and
offers some tips for drafting scope provisions and about how to
effectively relay charges and expenses.
Tip courtesy of Jared Correia, Law Office Management Assistance
Program.
Published December 6, 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 Cynthia E.
MacCausland.
Upcoming CLE seminar and program schedule
Register for upcoming programs, including a "Lifecycle of a Business" series, "A Criminal Lawyer's Guide to Practice," the "How to Start and Run Conference" and more.
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
Getting Paid 
Tuesday, Dec. 11, 4-6 p.m.
MBA, 20 West St., Boston
Legal Chat: Forestry, Agricultural and
Horticultural Land Taxes and Liens
Tuesday, Dec. 18, 4-5 p.m.
NOTE: There is no on-site attendance for Legal Chats
Lifecycle of a Business Part I: Forming a
Business & Protecting Assets
Tuesday, Jan. 8, 5-7 p.m.
MBA, 20 West St., Boston
A
Criminal Lawyer's Guide to Practice in the Massachusetts District
Courts
Wednesday, Jan. 9, 1-5 p.m.
Massachusetts School of Law, 500 Federal St., Andover
Collaborative Law, a Roundtable
Wednesday, Jan. 16, 3-5 p.m.
Norfolk Probate & Family Court, 35 Shawmut Road,
Canton
How to Start and Run A Successful Solo or
Small-Firm Practice 
Thursday, Jan. 17, 9 a.m.-5 p.m.
Lombardo's, 6 Billings St., Randolph
Juvenile & Child Welfare Legal Chat
Series
Friday, Jan. 18, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Lifecycle of a Business Part II: Land
Use/Permitting, Insurance Considerations & Business
Financing
Tuesday, Jan. 29, 5-7 p.m.
MBA, 20 West St., Boston
Mediating Probate Litigation
Cases
Wednesday, Jan. 30, 4-7 p.m.
MBA, 20 West St., Boston
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Unable to attend November seminars? Practitioners who were not
able to attend MBA CLE programs in November 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.
In addition, watching an MBA seminar or conference just got
easier. All previously recorded MBA On Demand programs are now
available anytime, anywhere on your mobile device.
November CLE programming now available includes:
To view a listing of current programs offered on MBA On
Demand, click here.
Tell us why you belong to the MBA
Young Lawyers Division chair Thomas M. Hoffey Jr. feels the MBA continually reminds him that the practice of law is a professional privilege grounded in mentoring, service, integrity and advocacy. 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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Join the conversation to keep up to
date on the
latest iBelong news and offers:
Facebook
Twitter: Follow hashtag
#iBelong2MassBar
LinkedIn
Donate to the MBA Cradles to Crayons "Gear Up For Winter" collection
Warm clothing will be accepted through Dec. 19
This holiday season, the MBA is
joining Cradles to Crayons for "Gear Up for Winter" -- a collection
for children's coats, warm clothing and boots to help thousands of
families. Please join us in recycling children's items your
family/friends have outgrown and help make a difference. Click here for donation guidelines.
Please be sure the items are new or gently used. Items with
tears or stains can not be accepted.
Donations can be made through Wednesday, Dec. 19
at:
- MBA's Boston office, 20 West St., Boston;
- MBA's Springfield office, 73 State St., Springfield and 20 West
St., Boston;
- Denise Squillante PC, 190 Rock St., Fall River;
- Fuller, Rosenberg, Palmer & Beliveau LLP, 339 Main St.,
Worcester;
- Marcotte Law Firm, 45 Merrimack St., Lowell;
- The Law Office of Michael T. Cupoli III, 48 Central St.,
Manchester-by-the-Sea;
- Worcester County Bar Association, 370 Main St., Worcester;
and
- Zizik, Powers, O'Connell, Spaulding & Lamontagne PC, 690
Canton St., Suite 306, Westwood.
The MBA thanks the Young Lawyers Division and the WCBA for
contributing to the "Gear Up for Winter" collection.
Panelists focus on best practices for in-house counsel at the Nov. 30 MBA Conference.
Photos by Andrea Burke.
10th Annual In-House Conference focuses on best practices
Review conference highlights and purchase MBA On Demand recordings today.
The Massachusetts Bar Association held its 10th
Annual In-House Conference on Friday, Nov. 30. The program, which
focused on best practices for in-house counsel, featured opening
remarks by attorney Lauren Stiller Rikleen.
Keynote speaker Rikleen kicked-off the event with a focus on
strengthening multigenerational relationships. The presentation
highlighted key differences between generations and concluded with
recommendations for ways in which to bridge the gap in the
workplace.
"There is just a voice that this [Millenial] generation has been
given that was recognized quite early on," Rikleen said. "We [older
generations] look at respect more as deference…[Millenials] view
respect as being heard."
Rikleen emphasized the benefit of increased orientations in the
workplace as well as team-building programs, like reverse
mentoring, to assimilate different generations. Rikleen ended her
keynote address by quoting Abraham Lincoln, "I do not like this
person. I must get to know him better."
Other conference panelists discussed current areas of interest,
such as cybersecurity, insurance planning and independent
investigations. The conference also featured two brief "lightning
round" presentations on current intellectual property issues.
The conference wrapped-up with an update from the Business
Litigation Session of the Superior Court Department. A panel of BLS
justices discussed the BLS Pilot Project, which was designed to
lessen the burdens of litigation and to emphasize that discovery
ought to be proportional to what is at stake.
Conference co-chair David A. Parke, Esq. was pleased with the
diversity of topics and speakers.
"This year's conference was well received by the audience," Parke
said.
If you missed the In-House Counsel
Conference, click here to view the program via MBA On
Demand.
Section News: Upcoming meetings and special section events
Join in the Dec. 11 Labor & Employment, Health Law and Family Law section council meetings. Attend the Dec. 12 Individual Rights, Immigration Law and Juvenile & Child Welfare Law section council meetings.
Changes to validated parking at the Lafayette
Garage
MBA members entering the garage after 4 p.m. will now have a
maximum rate of $11 and weekday users will receive $2 off each of
the first two hours. Please bring your parking ticket with you to
the MBA for validation.
Labor & Employment Section
Council meeting
Tuesday, Dec. 11, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Labor &
Employment Section Council is scheduled for Tuesday, Dec. 11 from
4:30 to 6 p.m. All section members are invited to attend.
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Health Law Section Council
meeting
Tuesday, Dec. 11, 5:15-6:45
p.m.
MBA, 20 West St., Boston
The next meeting of the Health Law
Section Council is scheduled for Tuesday, Dec. 11 from 5:15 to 6:45
p.m. All section members are invited to attend.
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Family Law Section Council
meeting
Tuesday, Dec. 11, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Family Law
Section Council is scheduled for Tuesday, Dec. 11 from 5:30 to 7
p.m. All section members are invited to attend.
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Individual Rights &
Responsibilities Section Council meeting
Wednesday, Dec. 12, 4-5:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Individual
Rights & Responsibilities Section Council is scheduled for
Wednesday, Dec. 12 from 4 to 5:30 p.m. All section members are
invited to attend.
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Immigration Law Section Council
meeting
Wednesday, Dec. 12, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Immigration
Law Section Council is scheduled for Wednesday, Dec. 12 from 4:30
to 6 p.m. All section members are invited to attend.
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Juvenile & Child Welfare
Section Council meeting
Wednesday, Dec. 12, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Juvenile &
Child Welfare Section Council is scheduled for Wednesday, Dec. 12
from 5:30 to 7 p.m. All section members are invited to attend.