e-Journal
06-28
Legislative News
Conference Committee brokers FY13 state budget
The conference committee charged with brokering an agreement on
the fiscal year 2013 state budget completed its work last night.
Today, the House and Senate are set to approve the measure. The
budget provides $560.9 million in funding for the trial court.
Additionally, the trial court was granted transferability giving
the court administrator flexibility needed to manage the trial
courts business and administrative operations. Additionally, the
Massachusetts Legal Assistance Corporation got $12 million for
fiscal year 2013.
Click
here to view the MBA's correspondence to the conference
committee on the trial court.
Click
here to view the MBA's correspondence to the conference
committee on MLAC.
The budget will next head to Gov. Deval L. Patrick, who has
10 days to review it.
News from the courts
U.S. Supreme Court upholds Affordable Care Act in a 5-4 decision; SJC rules in Eaton vs. Federal National Mortgage Association
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U.S. Supreme Court upholds
Affordable Care Act
in a 5-4 decision
The U.S. Supreme Court today upheld the constitutionality of the
entire Affordable Care Act in a 5-4 decision. Under the law,
individuals who fail to obtain insurance will be required to pay a
tax penalty, beginning in 2014. Click
here view the opinion.
An amicus
brief co-authored by Massachusetts Bar Association Health Law
Section member Lorianne Sainsbury-Wong was mentioned in the U.S.
Supreme Court's landmark health care decision on page 73 of the
opinion by Associate Justice Ruth Bader Ginsburg. The brief, which
argued that the Affordable Care Act is constitutional was filed
before the U.S. Supreme Court on behalf of several Massachusetts
organizations -- including Sainsbury-Wong's employer, Health Law
Advocates in Boston. Ginsburg quoted the brief in a section that
argued that Congressional intervention was necessary because states
that have undertaken their own health care reform would otherwise
be at an economic disadvantage.
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SJC rules in Eaton vs.
Federal National Mortgage Association
The Massachusetts Supreme Judicial Court recently ruled in
Eaton vs. Federal National Mortgage Association that a
lender must have proper paperwork (promissory note and mortgage) to
foreclose on a home, but that the ruling is not retroactive.
Click
here to view the slip opinion.
Photograph by
Marc D'Antonio
Members of the legal community participate in the June 26 Health Law Conference.
Health Law Conference focuses on SJC's affordable care act decision, social media in health care, needs of children with autism and more
The Health Law Section Council hosted its annual spring
conference on June 26 at the Massachusetts Bar Association in
Boston. The half-day conference offered attendees with an
opportunity to gain a better understanding of a wide variety of
topics in the complex world of health law practice. Topics included
use of social media in the health care sector, an in-depth
discussion of insurance coverage for services for the treatment of
Autism Spectrum Disorder, and the Supreme Judicial Court's recent
decision regarding the constitutionality of excluding legal
immigrants from state-subsidized health insurance. Additionally,
Health Law Conference Co-Chair Stephen M. Fiore and MBA Vice
President Jeffrey N. Catalano provided an overview and history of
apology laws that apply in medical malpractice cases.
Professor Wendy Mariner, from Boston University School of Public
Health, delivered the conference's keynote address. Mariner
provided an in-depth analysis of the Supreme Court's soon to be
issued ruling on the constitutionality of Affordable Care Act.
Rather than speculate on the outcome, Mariner broke down the
arguments and offered some valuable insight on the impact this
decision will have on the way Americans obtain and pay for health
insurance.
"Most constitutional experts thought this case was an easy one,
a slam dunk," Mariner said. "However, those of us who work in the
health care field recognized the complex nature of this case."
Did you miss the June 26 Health
Law Conference? Click
here to view it anywhere, anytime via MBA On Demand.
YLD to host final 2011-12 networking event on Boston waterfront on July 12
Bring a friend and join the MBA's Young Lawyers Division for a
special networking reception on Thursday, July 12 at M.J. O'Connors
Irish Pub at the Westin Boston Waterfront, 425 Summer St., Boston.
The event will be held from 5:30 to 7:30 p.m.
Don't miss this opportunity to create invaluable relationships
within the legal community, by relaxing and mingling with fellow
MBA members.
Complimentary drinks and hors d'oeuvres available.
Register today; space is
limited.
LPM Tip
Keep your marketing machine running throughout the summer
"Summertime and the living is easy."
Summer is a great season to get outside in New England. It is also
a great time to queue up your marketing for the fall. If you have a
vacation scheduled, by all means, go somewhere and enjoy yourself.
Do not think about work. Let your brain take a rest. But resist the
temptation to sit out the whole summer.
Everyone is on vacation I'll just start up again in the
fall. While it is true that there are more people on vacation
in the summer than at other times of the year, few professionals
are on vacation for the entire summer. If you plan ahead, you will
find ample opportunities to go out for coffee, meet for lunch, play
tennis, golf or whatever recreational activity you enjoy. You just
have to find out who is around.
Making the effort to socialize during a more social time of the
year will pay dividends down the road. If you invest in
relationship building in a more relaxed way (at a more relaxed time
of the year), you will build the trust that is necessary to
generate referrals and actual work. So enjoy your own week on the
Cape. But make sure to fill the other summer weeks with meaningful
relationship building activities.
Tip courtesy of Stephen Seckler, president, Seckler Legal
Consulting and Coaching.
Published June 28, 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.
Upcoming CLE seminar and program schedule
Register for FREE new admittee programs in July, focusing on "Your First Year as a Lawyer," and "How to Avoid Common Mistakes New Lawyers Make."
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
Your
First Year as a Lawyer Revealed 
Thursday, July 12, 12:30-1:30 p.m.
MBA, 20 West St., Boston
How to
Avoid Common Mistakes New Lawyers Make
Thursday, July 19, 12:30-1:30 p.m.
MBA, 20 West St., Boston
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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.
Have you taken advantage of FREE classifieds?
Post an MBA classifieds ad today
MBA Classifieds provide MBA members and non-members the
opportunity to post and view employment/internship opportunities,
office share/rental options, as well as lawyer-to-lawyer services
and other specialized categories.
Classified postings are FREE to members and are
available to non-members for $25.
Post an ad today and take advantage of this opportunity to reach
members of the commonwealth's legal community, through its largest
bar association.
Click here to post an MBA classified
ad.