e-Journal
03-29
Continued advocacy for Massachusetts courts is key
Your help is still needed to urge legislators to support $593.9 million for FY13 court funding
Carrying the momentum of the successful
March 19 Court Advocacy Day, MBA members are encouraged to continue
their advocacy for adequate court funding as the House is expected
to release its proposed budget in the coming weeks.
MBA members can make a difference by reaching out to their state
senators and representatives to reiterate the importance of
ensuring a fully funded judicial system. Urge them to support
$593.9 million for FY13 court funding.
Click here to identify
your state representatives and senators.
Click here
to read "Justice in the Balance," an overview of the Massachusetts
Judiciary for the Legislature.
Click here for
specific information on case filings, fund and staffing of the
Massachusetts Trial Court.
Join the MBA in its continued advocacy for proper funding of the
state's third branch of government.
Highly Anticipated Probate Code to go into effect March 31, 2012
Attend MUPC Basics: An overview of the New Massachusetts Uniform Probate Code on April 27
The Massachusetts Uniform Probate Code takes effect on March 31,
2012. The bill that is going into effect was the version previously
enacted and does not include proposed technical changes, the
Uniform Trust Code and the revised filing fee schedule, which are
pending before the Legislature. To view the MUPC, click here.
MUPC Probate and Estate forms are currently available on the
Probate and Family Court website and will be accepted beginning
April 2, 2012. Please see the Probate and Family Court website to access
forms and the procedural manual.
If you are
looking for a comprehensive overview of the new MUPC, attend the
MBA's day-long CLE on April 27, MUPC Basics: An overview of the New Massachusetts
Uniform Probate Code.
Photograph by
Tricia M. Oliver
Massachusetts Parole Board Chair Joshua Wall.
Wall addresses MBA delegates, remarks aim to dispel misperceptions of Parole
The MBA House of Delegates welcomed Massachusetts Parole Board
Chairman Joshua Wall as a guest speaker at its March 22 meeting at
UMass Lowell. Wall shared perspective and insight gained in the 13
months since assuming his leadership post following Gov. Deval
Patrick's dismissal of all but one member of the former board.
Prior to the controversy of granting parole to Dominic Cinelli,
a career criminal, accused of murdering Woburn officer John McGuire
during a botched robbery, the Massachusetts Parole Board acted in
"near anonymity," Wall said. However, he was quick to point out
early in his remarks that "we are not, nor have we been involved in
a 'crack-down' on parole" in the commonwealth.
As directed by the governor, Wall explained that his goals have
been on rebuilding a more productive, efficient parole system, and
more careful attention paid to parolees who have committed murder
as well as those with lengthy, serious criminal records.
Wall explained that he has worked to change the culture at the
Parole Board. "We are going to do something better," he said.
Commending Patrick's choices for the other members comprising
the board, Wall pointed out that he is the first chair with
experience in managing a government agency. Wall, 52, is a veteran
Suffolk County prosecutor. He began working in the Suffolk District
Attorney's office in 1993 and served as chief of the Child
Protection Unit, Major Felony Unit and Senior Trial Unit. When
District Attorney Daniel F. Conley took office in 2002, he promoted
Wall to the position of first assistant and supervisor of all
Superior Court prosecutions.
On the current Parole Board, Wall is joined by a forensic
psychologist and a corrections professional, among others with
highly relevant experience. He said that having this caliber of
expertise has been significantly beneficial to improving the board
and its practices.
He also stressed the amount and level of training undertaken by
the group. According to Wall, by June 1, the complete board will
have participated in 50 trainings. Said Wall, "We are not just
picking parolees, we are trying to make sure they succeed,"
following re-entry into society.
In addition to Wall's remarks, MBA delegates were also greeted
to UMass Lowell by Provost Ahmed Abdelal. Abdelal explained that
UMass Lowell has invested nearly $300 million in construction
recently, a sign that the campus is getting stronger. He said the
UMass Lowell is "less expensive and better that many of the places
that we think about."
The provost also spoke to the international focus of the
university. "We want our students to be globally knowledgeable and
prepared," he said.
Other activity at the March 22 meeting included an informational
report from chairs of the MBA Task Force on Law, the Economy and
Underemployment; approval of the proposed slate of 2012 Access to
Justice Awardees; a vote in favor of the MBA submitting an amicus
brief relative to a case involving judicial privilege now before
the Supreme Judicial Court, and a vote against supporting in
principle the Uniform Trade Secrets Act.
The final HOD meeting of the 2011-12 association year will take
place at UMass Boston on Thursday, May 17.
Featured member benefit: MBA Member Appreciation Week, April 2-6
Join us on April 5 for a FREE Member Appreciation Dessert Tasting and Reception
Thursday, April 5: Join us for our FREE Member
Appreciation Dessert Tasting and Reception at the University of
Massachusetts Club, 225 Franklin St., Boston.
Complimentary beer and wine provided. Click here to
R.S.V.P.
2012 Annual Dinner to be held on Boston waterfront
May 31 event to feature Legislator of the Year Awardee DeLeo and annual Access to Justice Award presentations
The Massachusetts Bar Association will hold its 2012 Annual
Dinner on Thursday, May 31 at the Westin Boston Waterfront, 425
Summer St., Boston. The event will feature the presentation
of the Legislator of the Year Award to Speaker Robert A.
DeLeo and the annual MBA Access to Justice Awards.
Attend this annual event as a sponsor. Sponsorship opportunities to
consider include:
- Platinum Sponsor ($5,000)
Table for 10, full page ad in dinner program, firm logo projected
at the dinner, sponsorship level recognition in Lawyers
Journal and displayed on MBA website
- Gold Sponsor ($3,500)
Table for 10, 1/2 page ad in dinner program, firm logo projected at
the dinner, sponsorship level recognition in Lawyers
Journal and displayed on MBA website
- Silver sponsor ($2,500)
Table for 10, 1/4 page ad in dinner program, firm logo
projected at the dinner
Click here to register for the MBA's
2012 Annual Dinner online. For a printable PDF outlining
sponsorship opportunities and table reservation information,
click here. For additional information call
(617) 338-0543.
Excellence in the Law event to salute finest in the profession
MBA to honor the Hon. Mark Wolf and Boston Globe columnist Kevin Cullen
Massachusetts Lawyers Weekly and the Massachusetts Bar
Association will honor the best of the legal profession at Excellence in the Law on Thursday, May 10 from
5:30 to 8 p.m. at the Fairmont Copley Plaza, 138 St James Ave.,
Boston.
The MBA will bestow the Daniel F. Toomey Excellence in the
Judiciary Award to the Hon. Mark Wolf, chief judge of the U.S.
District Court; and the Excellence in Legal Journalism Award to
Pulitzer-prize winning Boston Globe columnist Kevin
Cullen. The ceremony will also honor Diversity Heroes, Emerging
Legal Leaders, Excellence in Pro Bono, Marketing, Firm
Administration and Operations.
_194x257.jpg "WolfPhoto")
Wolf was
appointed to the United States District Court for the District of
Massachusetts in 1985 and became its chief judge in 2006. He is
also a member of the Judicial Conference of the United States,
having previously served on its committees on Criminal Law, the
Federal Rules of Criminal Procedure, and Codes of Conduct. Wolf
also previously served in the Department of Justice as a Special
Assistant to the Deputy Attorney General of the United States
(1974) and the Attorney General of the United States (1975-1977),
and as Deputy United States Attorney for the District of
Massachusetts and Chief of the Public Corruption unit in that
office (1981-1985). He was also in private practice in Washington,
D.C. with Surrey, Karasik & Morse and in Boston with Sullivan
& Worcester.
Wolf has taught courses on the role of the judge in American
democracy at the Harvard, Boston College and New England Law
Schools, and spoken on this subject and human rights issues in
Egypt, Cyprus, Turkey, the Czech Republic, Slovakia, Hungary, and
China. Chief Judge Wolf is a graduate of Yale College and the
Harvard Law School.
Cullen has written for The Boston Globe
since 1985, and served as a local, national and foreign
correspondent before becoming a columnist in 2007. His columns
highlighting the suicide of a 15-year-old girl who had been bullied
by schoolmates helped win the top award from the Dart Center for
Journalism and Trauma at Columbia University in 2011.
Cullen had several stints on the Globe's Spotlight Team, including
the 1988 team that exposed the mobster James "Whitey" Bulger as an
FBI informant and the team that won the Pulitzer Prize for Public
Service in 2003 for exposing the cover-up of sexual abuse of minors
by Roman Catholic priests. Cullen spent more than 20 years covering
the conflict in Northern Ireland, more than any other American
journalist, and in 1994 was honored by the Overseas Press Club of
America for his interpretive reporting from Northern Ireland. In
1997, he was appointed as the Globe's Dublin bureau chief, covering
the peace process in Northern Ireland fulltime.
April Lawyers Journal available now
The April issue of Lawyers Journal has been mailed to
members and is now available online.
It features a profile of the MBA's 2012 Legislator of the Year
Awardee - House Speaker Robert A. DeLeo. He will receive this high
honor at the MBA's May 31 Annual Dinner to take place at the Westin
Boston Waterfront. The issue also includes coverage of the
well-attended Court Advocacy Day held on May 19 at the Statehouse
and a preview of the May 10 General Practice, Solo and Small Firm's
Symposium in the form of a Q&A with program chair Scott
Goldberg.
April's Lawyers Journal also features:
- Substantive articles on U.S. v. Jones and the upcoming
changes concerning the sealing of criminal records that go in
effect in May with CORI reform;
- Seven tips for "do-it-yourself" marketing;
- Coverage of MBA meetings held with American Bar Association
President Wm. T. (Bill) Robinson III during
his recent Bay State visit;
- News on the 2012 champ of MBA's Mock Trial Tournament Finals
held in Faneuil Hall last week;
- An announcement of MBA's second Gateway Cities Forum to be held
in Worcester on April 30; and
- Sponsorship opportunities for you or your firm to consider for
the MBA's May 31 Annual Dinner.
Click here to read the April issue of
Lawyers Journal.
Photograph by
Merrill Shea
The winning team from Pioneer Valley Performing Arts Charter Public School poses with Mock Trial judges and the championship trophy.
Pioneer Valley Performing Arts Charter Public School named state champion of the MBA's 2012 Mock Trial Program
Pioneer Valley Performing Arts Charter Public School of South
Hadley won the Massachusetts Bar Association's 2012 Mock Trial
State Championship, advancing to the national competition in
Albuquerque, New Mexico in May.
After the nearly three-hour mock trial, Pioneer Valley was
victorious over Marshfield High School by a 2-1 vote. A panel of
three Massachusetts judges selected the winner; District Court
Justice Barbara Savitt Pearson served as the presiding judge, while
Superior Court Associate Justice John T. Lu and Superior Court
Associate Justice Janet Kenton-Walker assisted.
"You are invested, you are bright, and you give us great
confidence as leaders in our future," said Pearson addressing the
competitors. "You should be so proud of yourselves."
The competition took place in the historic Great Hall in Boston's
Faneuil Hall before hundreds of spectators ranging from friends,
family, and students to legal professionals.
Pioneer Valley represented the plaintiff, Alex Soltin, a
Huffington Falls high school junior who was the victim of bullying
and suffered a mental breakdown. The defendant in the civil trial
was Allen Sway, a teacher at Baird Academy. Marshfield represented
Sway, charged with negligence for failing to properly report the
bullying suffered by Soltin.
"Both teams were just superb," said Kenton-Walker. "It's nice to
have young people so actively engaged in the judiciary."
Pioneer Valley won not only the highest score but also won the
case, convincing the majority of the judges that the plaintiff was
liable.
A donation for $2,500 from the MBA's
philanthropic partner, the Massachusetts Bar Foundation, was made
to help fund Pioneer Valley's trip to nationals.
The Mock Trial
Program is administered by the MBA, and made possible by the
international law firm of Brown Rudnick through its Center for the
Public Interest in Boston, which has contributed $25,000 per year
to the program since 1998.
LPM Tip
Most valuable lawyer: Pricing flat fee cases
Despite lawyers' avowed hatred for tracking time, most still
practice some form of time capture/utilize time sheets -- perhaps
because it's familiar and comforting to have boxes ready for
completion. Lately, though, I have noticed that a growing number of
the new attorneys with whom I consult express interest in applying
alternative fee arrangements, most especially flat fees. Whenever I
talk with these folks, we eventually get around to the topic of the
actual fee setting, and I'll ask: "So, what will you charge on the
flat fee?" Almost always, the answer is pat, say: $1000 for a
will/power of attorney/health care proxy package. The follow-up
question -- "How did you arrive at that figure?" -- does not often
admit of a similarly measured response, though, with the most
common reply being something like, "Well, it seems like a good
number," or "That's what my friend from law school thinks seems to
be a good rate." Very irregularly do I get a truly well-reasoned
answer to my query -- a truly well-reasoned answer being one that
incorporates information gleaned from market research, a derived
expectation of how long it will take to get the work in question
completed and/or an idea of firm costs associated with the work
(not an exhaustive list of factors). Of course, it's nearly
impossible to settle upon a true value for your services as an
attorney if you have not met those considerations. I often, then,
tell new attorneys, looking at applying flat fee rates, to make a
best attempt to arrive at a number that reflects the true value of
their work, with an understanding that there must be a per
se discount in place for clients working with new attorneys,
who, within the marketplace for legal services, cannot possibly
charge for the personal value (to the attorney, for the hours he or
she must labor on a matter in a field novel to him or her) of the
case. A flat fee determination for the new attorney, then, should
be informed by a cadre of considerations, including those related
to market forces (competitors' pricing; clients' expectations;
field saturation) and bottom line factors (cost to complete the
work; time/hours spent; service features applied).
Just as it is difficult to project revenue when
starting up, so it is difficult to correctly forecast flat fee
pricing. Once the new attorney has handled a handful, or two, of
cases in a niche, he or she will have a better idea of whether his
or her initial guess came close to capturing the actual value of
the service, or not. But, in order to flesh that comparison out,
the new attorney will have to utilize some tool for tracking time
spent on the work, to determine how much the process costs him or
her, in hours used. Only with a sense of how much a project costs
in time will the attorney be able to effectively arrive at a value
proposition that works for the client and the firm.
Since markets change over time, it is also advisable for attorneys
to continue to maintain time records/keep time for flat fee cases,
even if those records never make it to invoice, but are only
utilized for the attorney's personal interest in calculating case
values. It makes little sense to hang onto a flat fee projection
decided upon four months into the practice of law 20 years down the
line. Tracking time, even informally, over the course of time,
means that attorneys applying flat fees can adjust those fees
accordingly, as the economy ebbs and flows, and to adjust for other
factors.
If you eschew the timesheet, or manual time tracking, you may want
to test out some automatic time tracking tools, as alternatives
for gathering informal logs to include within your value
formula(e).
*The popular
consultant Jay Shepherd may disagree with portions of this
post, being that he is timeless as a Struldbrug -- says so right here,
at his reimagined blog, where you can follow Jay's continuing take
on professionals' pricing knowledge versus time.
Tip courtesy of Jared Correia, Law Office
Management Assistance Program.
Published March 29, 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.
News from the courts
Private Counsel Compensation Hearings; SJC Standing Advisory Committee on the Rules of Civil Procedure Invites Comments on Proposed Amendments to Rule 4
Private Counsel Compensation
Hearings
Pursuant to M.G.L. ch. 211D, § 11
(Establishment and Review of Compensation Rates) the Committee for
Public Counsel Services will be holding hearings in order to
solicit input on the current rates of compensation for attorneys
who accept appointments to represent indigent persons. All persons
who accept these appointments are invited to attend and to provide
input on this issue.
April 5, 2012, 4:30-6:30
p.m.
Taunton Superior Court, 9 Court Street, 2nd Floor, Taunton,
MA
April 12, 2012, 4:30-6:30 p.m.
Salem Superior Court, 56 Federal Street, Salem, MA
Written Testimony may be emailed to
Denise Simonini at [e-mail dsimonini]. Please include subject line:
"Public Compensation Hearing"
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SJC Standing Advisory Committee on
the Rules of Civil Procedure Invites Comments on Proposed
Amendments to Rule 4 of the Massachusetts Rules of Appellate
Procedure
The Supreme Judicial Court 's Standing Advisory Committee on the
Rules of Civil Procedure invites comments on a proposed amendment
to Mass. R. A. P. 4(a) dealing with post judgment motions. The
proposed amendment addresses the motions that toll the time period
for appeals. The amended section states that motions to alter or
amend judgment under Rule 59 or motions for relief from judgment,
however titled, would stay the time for taking an appeal as long as
the motions are served within 10 days after entry of judgment. The
amendment makes clear that the substance and not the title of the
motion should control. As stated in the Reporter's Notes, "a
post-judgment motion seeking to correct an error of law, whether
titled as a motion to alter, amend, or vacate, for relief from
judgment, or for reconsideration, if served within 10 days, will
extend the running of the time period to file a notice of
appeal."
The Committee solicits and welcomes comments from the bar
prior to presenting its recommendation to the Rules Committee of
the Supreme Judicial Court. Comments should be directed to
Christine Burak, Supreme Judicial Court, John Adams Courthouse, One
Pemberton Square, Boston 02108 or to [e-mail christine.burak] on or before April
27.
Click here to view the proposed amendments to
Rule 4.
Section News: Upcoming meetings and special section events
Join in the April 3 Health Law Section Council meeting. Volunteer at the Greater Boston Food Bank on April 4. Attend the April 5 Public Law Section Council meeting.
Health Law Section Council
meeting
Tuesday, April 3, 5:15-6:45
p.m.
MBA, 20 West St., Boston
The next meeting of the Health Law
Section Council is scheduled for Tuesday, April 3 from 5:15 to 6:45
p.m. All section members are invited to attend.
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Volunteer at the Greater Boston
Food Bank
Wednesday, April 4,
5:30-8 p.m.
Greater Boston Food Bank, 70 South Bay Ave., Roxbury
The Business Law Section and Young Lawyers Division are
sponsoring an evening of volunteering at The Greater Boston Food
Bank on Wednesday, April 4 from 5:30 to 8 p.m. Volunteers will
inspect, sort and repack donated grocery products that are then
distributed to hunger relief agencies.
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Public Law Section Council
meeting
Thursday, April 5,
5:30-7 p.m.
MBA, 20 West St., Boston
The next meeting of the Public Law
Section Council is scheduled for Thursday, April 5 from 5:30 to 7
p.m. All section members are invited to attend.
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Upcoming CLE seminar and program schedule
Register for April programs including "Latest in the Law: Criminal/Juvenile Law Update," "Conveying Real Estate under the MUPC," "Lifecycle of Business Part 2," 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
Law
Practice Management Section Educational Series: When Clients
Complain 
Wednesday, April 4, 12:30-1:30 p.m.
MBA, 20 West St., Boston
MUPC Help Desk Training
Thursday, April 5, noon-1:30 p.m.
MBA, 20 West St., Boston
Health Law Legal Chat Series: Session
I
Friday, April 6, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Advanced Deposition Skills: Effective Techniques
for Taking and Defending Key Depositions for Trial
Tuesday, April 10, 4-7 p.m.
MBA, 20 West St., Boston
Latest in the Law: Criminal/Juvenile Law
Update
Thursday, April 12, 5-7 p.m.
MBA, 20 West St., Boston
Law
Practice Management Section Educational Series: Social Media and
Blogging
Wednesday, April 18, 12:30-1:30 p.m.
MBA, 20 West St., Boston
Conveying Real Estate under the MUPC
Thursday, April 19, 5-7 p.m.
MBA, 20 West St., Boston
Health Law Legal Chat Series: Session
II
Friday, April 20, noon-1 p.m.
MBA, 20 West St., Boston
Lifecycle of a Business Part 2: Land Use/Permitting
& Business Financing
Wednesday, April 25, 5-7 p.m.
MBA, 20 West St., Boston
MUPC
Basics: An Overview of the New Massachusetts Uniform Probate
Code
Friday, April 27, 9 a.m.-5 p.m.
Massachusetts School of Law, 500 Federal St., Andover
UPCOMING CONFERENCES
Criminal/ Immigration Law Training
Conference 
Wednesday, May 9, 9 a.m.-4:30 p.m.
MBA, 20 West St., Boston
GP Solo Symposium 
Thursday, May 10, noon-5 p.m.
Lombardo's, 6 Billings St., Randolph
33rd Annual Labor &
Employment Law Spring Conference
Friday, May 18, 9 a.m.-5 p.m.
Colonnade Hotel, 120 Huntington Ave., 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.