e-Journal
01-12
MBA leverages billboards, YouTube videos to raise awareness on court funding
President Campbell says it’s a “first”
As Massachusetts nears its state budget process for FY 2013, the
Massachusetts Bar Association is launching a high profile awareness
campaign on the effects of underfunded courts. The statewide effort
is geared toward the commonwealth's general public.
"Understandably, the average citizen may not appreciate the
irreplaceable role courts play in their security, livelihood and
freedoms," MBA President Richard P. Campbell said. "This
significant communication will attempt to change that."
Through a billboard campaign to begin on Monday, Jan. 16, the
association aims to grab the average citizen's attention to
reinforce that court funding does impact him or her. The MBA's
message will be showcased on billboards in Greater Boston, along
I-93 in Dorchester and Medford; in Worcester along I-290; and in
Fall River along Rt. 24.
The billboard message will direct passersby to the MBA Web site --
www.massbar.org. Included on the
MBA's site will be informational materials on court funding as well
as resources citizens and members of the legal community can
reference when reaching out to their respective legislators on this
important issue.
As part of the informational on-line package, public service
announcement-style videos can be viewed. The videos highlight the
negative impact of inadequate court funding through the perspective
of judicial leadership, attorneys, academic leaders and court
staff.
"We've never done this before," Campbell said. "The fact that the
MBA has committed to elevating awareness in this fashion is a clear
indication of how dire the circumstances have gotten in the court
room atmosphere and operations."
Campbell said he realizes that the campaign won't reach every
citizen of the commonwealth, but he is eager to take the MBA's
communication and advocacy efforts to the next level to better
convey why Massachusetts should properly fund its third branch of
government.
In addition to the billboards and YouTube videos, the MBA will work
to share word of this new campaign through comprehensive outreach
to membership and the larger legal community, as well as other key
community and opinion leaders.
Gov. Deval L. Patrick is expected to release his version of the FYI
13 budget later this month, while both the House and Senate will
begin their budget debates in April and May respectively.
For more information, click here.

Photo courtesy of UMass Medical School.
Next MBA House of Delegates meeting scheduled for Jan. 19
The next House of Delegates meeting will take place at UMass
Medical School in Worcester on Thursday, Jan. 19, beginning at 1:30
p.m. Included on the agenda are a report from the Mandatory Minimum
CLE Task Force; discussion of legislation requiring mandatory
mediation prior to foreclosure; detainee provisions of the National
Defense Authorization Act; and an ABA resolution on the powers of
the federal magistrates, among other items.
Look for coverage of the Jan. 19 HOD meeting in the Jan.
26 e-Journal.
Save the Date: Jan. 26 Forum on Gateway Cities to be held at UMass School of Law
Following a Gateway Cities initiative proposed by Massachusetts
Bar Association President Richard P. Campbell, the MBA will host an
informational forum on Thursday, Jan. 26 at the University of
Massachusetts School of Law in Dartmouth beginning at 5 p.m.
"The focus of the forum will be identifying ways in which attorneys
can lend their expertise with issues affecting Gateway City
communities across Massachusetts," Campbell said.
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.
Campbell has tapped Margaret D. Xifaras, who practices in New
Bedford, and Francis A. Ford, who practices in Worcester, to lead
the MBA's Gateway Cities initiative.
Xifaras will serve as moderator at the Jan. 26 event. Area leaders
who have long worked with the issues impacting the state's Gateway
Cities will share their insight and be part of the conversation to
pinpoint ways in which the legal community can help address these
issues.
Look for more specifics in next week's e-Journal and in
other e-communication in the coming weeks.
Members interested in attending
should R.S.V.P. to Gwen Landford at (617) 338-0694 or glandford.
Legislative News
MLAC snags $1 million in supplemental funding
The House Ways and Means Committee is considering a supplemental
budget today that provides an additional $1 million to the
Massachusetts Legal Assistance Corporation. Legal service programs
across the state have experienced deep cuts in recent years due to
the enormous drop in IOLTA funding. Additionally, the need for
legal services has dramatically increased due to the economic
crisis. The supplemental budget could come before the full House as
early as today.
Learn more about Walk to the
Hill for Civil Legal Aid here.
Featured member benefit: Traps for the Unwary
Check your mailboxes for this updated guide for hazards to avoid
The sixth edition of Traps for the Unwary is in the
mail and available exclusively to MBA members this month. It is the
first revision since 2004, and mentions numerous new hazards for
lawyers to avoid.
New to this edition is a table of cases, as well as an improved
index and system of organization, all designed to make a quick
desktop reference.
Funding for Traps for the Unwary has been provided by the MBA
Insurance Agency Inc.

Photograph by
Christine Peterson
2011 Walk to the Hill.
Join the MBA at the Walk to the Hill for Civil Legal Aid on Jan. 26
Walk to the Hill for Civil Legal Aid is one of the largest
lobbying events at the Statehouse. Join the Massachusetts Bar
Association on Thursday, Jan. 26 from 11 a.m. to 1 p.m. in
the Great Hall of the Statehouse to advocate for increased
funding for civil legal services throughout the commonwealth. The
program includes:
- 11 to 11:30 a.m.: Registration;
- 11:30 a.m. to noon.: Speaking program featuring
MBA President Richard P. Campbell,
Supreme Judicial Court
Asscociate Justice Ralph D. Gants
and a legal aid client; and
- Noon to 1 p.m.: Legislative visits and lunch.
This event is co-sponsored by the MBA, the Equal Justice
Coalition and the Boston Bar Association.
Honorable William G. Young to receive MBF Great Friend of Justice Award and deliver keynote at Wednesday, Jan. 25 Annual Meeting
R.S.V.P. by Jan. 20
Click here to R.S.V.P. for the MBF's 2012
Annual Meeting.


Photograph by
Merrill Shea
Teams compete at the 2011 Mock Trial Championships.
Volunteer as an MBA Mock Trial Judge
The MBA Mock Trial Program is in the midst of finalizing over
190 scheduled trials throughout the commonwealth. Every year, MBA
members serve as Mock Trial Program judges, while thousands of high
school students across Massachusetts prepare for the tournament.
Students are given a hypothetical case that tests their skills as
lawyers and witnesses in a simulated courtroom competition. We are
currently looking to recruit lawyers who may be interested in
acting as a judge for the various trials scheduled throughout the
state.
Below is a brief description of this year's case:
This year's case explores the division of legal responsibility
when addressing a pervasive social problem, one that is familiar to
most, if not all, high school students-bullying. The issue at the
heart of the civil claim, to be tried by the participating
students, is what level of responsibility do teachers bear in
identifying and preventing bullying among students. This is a topic
that is prevalent in the media and one that illustrates the
challenging intersection between law and social policy.
If you are interested in volunteering as a judge for one or more
trials, below is a list of preliminary week trials in need of
judges.
- Fall River District Court, Jan.
24
- Falmouth District Court, Jan.
26
- Holliston Town Hall, Jan.
24
- Leominster District Court, Jan. 24 and
Jan. 25
- Northampton District Court, Jan.
25
- Northampton Superior Court, Jan. 24 and
Jan. 25
- Palmer District Court, Jan. 23
- Somerville District Court, Jan.
26
- Sturgis Library, Barnstable, Jan.
23
- Westfield District Court, Jan.
24
If you are interested in
signing up for a trial, or would like to inquire about other open
trials, contact Mock Trial Central at
(617) 338-0570 or via e-mail.
News from the courts
SJC endorses final report by Task Force on Hiring in Judicial Branch
The Supreme Judicial Court has reviewed and endorsed the
recommendations in the Final Report of the Task Force on Hiring in the
Judicial Branch, the sixth report in a series to offer
"recommendations designed to ensure a fair system with transparent
procedures in which the qualifications of an applicant are the sole
criterion in hiring and promotion."
The task force recommends a full commitment from the top down to
merit-based hiring and promotion throughout the court system based
on seven well-known elements that are designed to recruit and
cultivate a talented, high-quality workforce. The elements include
well-defined mission statements, job descriptions and competencies,
enhanced applicant pools, objective candidate interviews and
assessments and comprehensive applicant tracking systems. To
achieve success, the task force emphasizes the need for continuous
training and performance reviews and a supportive culture in which
all employees are united in common goals and understanding of the
system's mission and shared values.
The task force issued five previous reports within the past
year. The first two focused on hiring and promotion in the
Probation Department and the critical situation that led to the
court to create the task force. The subsequent reports dealt with
hiring and promotion of court officers, administrative personnel,
and employees of the offices of the appointed and elected clerks,
registers and land court recorder.
Click here to view the final report and for
more information about the task force.
LPM Tip

Just do it
"Don't let the perfect be the enemy of the good".
While the philosopher Voltaire probably did not have law firms
in mind when he said that several centuries ago, he could have
easily been giving advice about marketing legal services. Simply
put, when it comes to building a law practice, excessive thinking
can get in the way. "Showing up" frequently is an important part of
the legal sales process. Thinking a lot (and doing little) will not
help you build business relationships.
This is difficult for many attorneys because good analysis is
the cornerstone of good lawyering. This is not to say that no
analysis should go into your marketing. But if you have the choice
between dashing off several brief client alerts over the course of
a couple of months or putting together a brilliant law review
article once in six months, then go with the client alerts. It is
more important for prospective clients and referral sources see
your name repeatedly (i.e. versus trying to demonstrate your
brilliance to them with a single article that they will probably
never read).
Advertising agencies understand this dynamic. If a client has
$100,000 to spend on advertising for a year, then most agencies
will suggest that that the client purchases a series of smaller ads
rather than blowing the entire budget on a single full-page spread
.
In other words "just do it" (i.e. meet prospects for coffee,
give presentations, write articles, etc.) and the business will
come.
Tip courtesy of Stephen Seckler, president, Seckler Legal
Consulting and Coaching.
Published January 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.

MBA Past Presidents and current leadership at the 2011-12 Past Presidents' Dinner on Nov. 17.
MBA seeks nominations for 2012-13 officer and delegate positions
Submit nominations to MBA Secretary by Friday, Feb. 24
The Massachusetts Bar Association is currently accepting
nominations for officer and delegate positions for the 2012-13
membership year. Nominees must submit a letter of intent and a
current resume to MBA Secretary Robert W. Harnais by 5 p.m. on
Friday, Feb. 24, 2012 to be eligible.
To submit a nomination, mail or hand deliver the information
to:
Massachusetts Bar Association
Attn: Robert W. Harnais, 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.
Click
here for nomination and election procedures.
Upcoming CLE seminar and program schedule
Do you dream of starting your own practice ? Attend the Jan. 26 "How to Start and Run A Successful Solo or Small-Firm Practice" for a nuts-and-bolts seminar on how to set up your own firm.

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 JANUARY PROGRAMS
"The MUPC Demystified" PART IV: Remedies
and Protections under the MUPC 
Tuesday, Jan. 17, noon-4 p.m.
MBA, 20 West St., Boston
Law
Practice Management Section Educational Series:
How to Build a Technology Plan for Your Firm 
Wednesday, Jan. 18, 12:30-1:30 p.m.
MBA, 20 West St., Boston
How to Start and Run A Successful Solo or
Small-Firm Practice
Thursday, Jan. 26, 9 a.m.-5 p.m.
Lombardo's, 16 Billings St., Randolph
COUNTDOWN TO MUPC: "THE MUPC DEMYSTIFIED" CLE SERIES
This dynamic series is designed to
provide probate practitioners (as well as those who aspire to be)
with an in-depth knowledge of the MUPC, exactly how it works and
instruction on the new probate forms that will be issued by the
court. Click here to register for the remaining two
programs, and to receive the first three programs via MBA On
Demand, at a discounted price.
PART IV: Remedies and Protections under the
MUPC 
Tuesday, Jan. 17, noon-4 p.m.
MBA, 20 West St., Boston
PART V: Estate Planning under the MUPC
Drafting Wills and Trusts 
Tuesday, Feb. 7, noon-4 p.m.
MBA, 20 West St., Boston
In case you missed the Oct. 25
Part I: Informal Probate and Appointment
Proceedings, the Nov. 15 Part
II: The 'Ins and Outs' of Formal Probate Proceedings or the
Dec. 13 PART III: Powers and Duties of the Personal
Representatives and Options for Closing Estates,
you can view the sessions via MBA On Demand.
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Unable to attend these seminars? Purchase the recorded session
available after the live program through
MBA On Demand and watch the presentation from the comfort of
your home or office.
To view a listing of current programs offered on MBA On Demand, click here.
Section News: Upcoming meetings and special section events
Join in the Jan. 17 Labor & Employment, Property Law and Criminal Justice Section Council meetings. Attend the Jan. 18 Civil Litigation, Judicial Administration, Probate Law and Taxation Law section meetings.
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Labor & Employment Section
Council meeting
Tuesday, Jan. 17, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Labor &
Employment Law Section Council is scheduled for Tuesday, Jan. 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, Jan. 17, 5:30-7
p.m.
CATIC, 20 William St., Suite G90, Wellesley
The next meeting of the Property Law
Section Council is scheduled for Tuesday, Jan. 17 from 5:30 to 7
p.m. All section members are invited to attend.
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Criminal Justice Section Council
meeting
Tuesday, Jan. 17, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Law Practice
Management Section Council is scheduled for Tuesday, Jan. 17 from
5:30 to 7 p.m. All section members are invited to attend. The guest
speaker will be Josh Wall, chairman of the Massachusetts Parole
Board.
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Civil Litigation Section Council
meeting
Wednesday, Jan. 18, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Civil
Litigation Section Council is scheduled for Wednesday, Jan. 18 from
4:30 to 6 p.m. All section members are invited to attend.
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Judicial Administration Section
Council meeting
Wednesday, Jan. 18, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Judicial
Administation Section Council is scheduled for Wednesday, Jan. 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, Jan. 18, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Probate Law
Section Council is scheduled for Wednesday, Jan. 11 from 5 to 6: 30
p.m. All section members are invited to attend.
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Taxation Law Section Council
meeting
Wednesday, Jan. 18, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Taxation Law
Section Council is scheduled for Wednesday, Jan. 18 from 5 to 6: 30
p.m. All section members are invited to attend.