e-Journal

05-10

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Have you registered for the 2012 MBA Annual Dinner?

The annual dinner will feature keynote speaker Victoria Reggie Kennedy, the presentation of the Legislator of the Year Award to Speaker Robert A. DeLeo and the Annual Access to Justice Awards

The Massachusetts Bar Association will hold its 2012 Annual Dinner on Thursday, May 31 at the Westin Boston Waterfront, 425 Summer St., Boston. Join us for a reception, beginning at 5:30 p.m., which will be followed by the annual dinner at 7 p.m. The event will feature a keynote address by Victoria Reggie Kennedy, 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, or consider purchasing a table for your firm or office ($1,500). 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 view our current sponsors.

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.

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Senate Ways and Means set to release budget proposal

Join the MBA in advocating for an adequately funded justice system throughout the budget process

As the result of last month's House of Representatives budget debate, the Massachusetts Trial Court was funded at $560 million for Fiscal Year 2013, $8 million below Gov. Deval Patrick's recommendation.  

Additional funding is essential to address critical court system operating needs.

The Senate Ways and Means Committee will release its budget proposal as early as Monday, May 14. Amendments will be due on May 18 and the budget will be debated by the full Senate beginning May 23. 

Your continued outreach to your respective senators is helpful as the Massachusetts Bar Association continues to advocate for an adequately funded justice system throughout the budget process.

As you know, the court system is serving approximately 42,000 people, who enter the courthouses each day, with more than 1,300 fewer court personnel since July 2007. Court backlogs are increasing; many clerks and registers have had to reduce public hours of operation, except for emergencies; and, there is an insufficient number of court officers, which also increases security risks and causes disruptions and delays.

For more information or resources to assist with your outreach, click here.

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New issue of Lawyers Journal available

The May issue of Lawyers Journal has been mailed and is available online.

It features profiles of Annual Dinner keynote speaker Victoria Reggie Kennedy and this year's Access to Justice Award winners.

It also includes:

  • Information about the House's move to add $6 million to the Trial Court budget;
  • An article and President Richard P. Campbell's column about judicial compensation;
  • Section Review articles on a new pro hac vice fee to fund access to justice efforts, and a nightmare scenario for a trust beneficiary created by Medicaid regulations.

Click here to read the May issue of Lawyers Journal.

Labor & Employment Conference to feature the Globe's Bob Ryan

All-day conference to focus on employment law and MCAD updates, courtroom skills and more.

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Labor Employment Conference Header

Register for the 33rd Annual Labor & Employment Law Spring Conference on Friday, May 18 from 9 a.m. to 5 p.m. at The Colonnade Hotel, 120 Huntington Ave., Boston. The conference features keynote speaker Bob Ryan, Boston Globe sports columnist.

  • 9 a.m.: Introductory Remarks
  • 9:10-10:15 a.m.: Employment Law Update -- An Overview of Significant Developments and Notable Cases
  • 10:15-10:30 a.m.: Networking Break
  • 10:30-11 a.m.: An Act Relative to Gender Identity -- What Employment Lawyers Need To Know
  • 11 a.m.-noon: Employee Misclassification and Current State And Federal Government Enforcement
  • Noon: Lunch and keynote address by Bob Ryan, columnist, Boston Globe
  • 1:15-2:15 p.m.: NLRA Issues for Non-Union Workforce
  • 2:15-2:30 p.m.: Networking Break
  • 2:30-3:30 p.m.: Practicum on Courtroom Advocacy -- Tips For Improving Your Courtroom Skills
  • 3:30-4:15 p.m.: News and Developments from the MCAD
  • 4:15 p.m.: Reception

Price:
Sponsoring section MBA members: $180; MBA member paralegals, law students: $120; MBA members: $200; and nonmembers: $240.

Registration:
For more information, or to register, call Member Services at (617) 338-0530 or click here.

LPM Tip

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Mixed messages: Keep your personal and professional profiles separate on social media

Perhaps the surest sign of the Apocalypse that does not terminate in the number seven is likely that there exists a social networking app called 'Pair,' on which couples can connect exclusively with each other. The Internet: relationship saver. Couple the existing of Pair with Pinterest's near-overnight success, Google's determination to make Google+ a viable social network and old school stalwarts going strong (Facebook, LinkedIn) and not so strong (MySpace), and you can acquire a number of social media profiles, all across the Internet.

Social media wasn't always used for business marketing; there weren't any 'business' profiles, only business people, with business intentions and personal profiles. Now, though, almost every major platform has, or is likely developing, business profiles; and, in that environment, those attorneys who seek to market their practices on social media should segregate their business marketing endeavors from their personal networking. A number of folks start with a personal account, which ends up becoming a mixed-use page, for personal and professional information streams; but, that is not the optimal arrangement. Even on services where business page functionality does not yet exist, users can jury-rig a professional profile with fairly simple workarounds.  

'Don't commingle' is the ancient caveat when it comes to keeping attorneys' operating and trust accounts apart; but, the same warning applies to segregating personal and professional accounts on social media. And, there are some practical considerations for doing so: If you have individual personal and business pages, you can still say what you want on your personal page (with ratcheted-up security settings) while maintaining your business reputation in another space. This method will allow you to insulate your personal account, to the extent possible. Creating a public business profile on a social media outlet is also an easy way to add to your web presence, while cultivating your professionalism in a new medium. With improving functionality, it's also becoming easier to cross-post across platforms, and to toggle between account profiles. From an ethics standpoint, there are certain additional advantages: It's perhaps less misleading to have an up-front business profile; and, it'd be, likelier, clearer to your potential clients that there is a level of formality in place, thereby probably decreasing the chances that said potential clients would end up believing that an attorney-client relationship was created informally, based on access to, posts made on or conversations surrounding a personal profile page. It's easier (and essential, frankly) to be in the attorney mindset/wear the lawyer hat when you're active in your professional account. You can apply disclaimers to your business pages more effectively, as well; these won't appear so awkward, or out of place, as they would on a personal page.

Of course, as you might suspect, none of this is printed in black and white. For example, if you're not a solo attorney, your business profile will likely be accessed/co-administrated by others -- which gives rise to the question of how you personalize the site, other than by making posts from your (still) personal account. Perhaps the end game here is the adoption of branching business accounts (professional-individual and professional-company); but, nothing like this has yet been formally adopted by any of the major social media services. The trick, then, is to work within the existing frameworks (and to apply certain workarounds) to keep your personal and professional online social identities as distinct as possible from one another.

Tip courtesy of Jared Correia, Law Office Management Assistance Program.

Published May 10, 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.
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Call for Adams Pro Bono Publico Awards nominations

Deadline is Saturday, June 30

To recognize outstanding commitment to volunteer legal services for the poor and disadvantaged, the Supreme Judicial Court's Standing Committee on Pro Bono Legal Services is seeking nominations for the 2012 Adams Pro Bono Publico Awards. The deadline for nominations is Saturday, June 30.

The awards will be presented in a ceremony at the John Adams Courthouse on Wednesday, Oct. 24, in conjunction with the American Bar Association's recognition of National Pro Bono Week.

Award criteria

Awardees will be selected from those who have excelled in providing volunteer services in one or more of the following ways:

  1. Volunteer participation in an activity or pro bono program which resulted in satisfying previously unmet needs or in extending services to underserved segments of the population;
  2. Successfully litigated pro bono cases that favorably affected the provision of other services to the poor; and/or
  3. Successfully achieved legislation that contributed substantially to legal services to the poor.

Nomination guidelines

Nominations should be submitted to: Robert C. Sacco, Esq., The 2012 Adams Pro Bono Publico Awards, c/o Lyon & Fitzpatrick LLP, 14 Bobala Road, Fourth Floor, Holyoke, MA 01040. Contact Crystal Barnes at (413) 536-4000, ext. 122 or [e-mail cbarnes] with questions.

Nominations submitted in 2011 remain active for consideration in the 2012 awards program provided that the nominating party submits a letter restating the intent to nominate the candidate and updating the narrative with any relevant information. Eligibility for the awards has been expanded this year to include law schools and law students.

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Series to offer practical tax theory application tips

Register for the seminars today to learn more about the tax aspects of various transactions.

The Massachusetts Bar Association's Taxation Law Section and Young Lawyers Division are presenting a series of continuing legal education programs in May and June. The affordable series provides a solid tax foundation for general practitioners, and others, who would like to learn more about the tax aspects of various transactions. The series is also a rare opportunity for law students to learn practical application of tax theory.

Unable to come to Boston? These programs are available as real-time Webcasts. When registering, participants can choose to attend virtually from a home or office computer. If you choose to attend the programs via real-time Webcast, space is limited. Registrants will be taken on a first-come, first-served basis.

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Taxation Practice Series:
Live program
Estate Planning, Basis and Forming a Nonprofit Organization
Thursday, May 17, 4:30-6 p.m.
MBA, 20 West St., Boston

  • Estate planning and gift tax issues
  • Tax basis
    • General rules;
    • Step up in basis at death;
    • Basis of gifts; and
    • Rules on losses and why you don't make a charitable gift of loss assets.
  • Forming a nonprofit organization
    • Massachusetts rules;
    • Private benefit/inurement;
    • Charitable purposes; and
    • IRS Form 1023, Exemption Application.

Click here for a list of faculty and to register.

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Taxation Practice Series:
Live program
Tax Implications of Divorce, Taxation of Litigation Proceeds and Spotting Issues on Tax Returns
Thursday, June 7, 4:30-6 p.m.
MBA, 20 West St., Boston

  • Divorce
    • Taxability and deductibility of alimony;
    • What is alimony?;
    • Taxability and deductibility of child support; and
    • Dependency exemptions.
  • Taxation of Litigation Proceeds
    • Scope of personal injury exemption;
    • Punitive damages; and
    • Taxation of other damages.
  • Reviewing Tax Returns and Spotting Issues
    • Federal and Massachusetts Individual Returns; and
    • Federal and Massachusetts Entity Returns.

Click here for a list of faculty and to register.

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Taxation Practice Series: Live program
Tax Issues Related to Entities and Real Estate
Thursday, June 21, 4:30-6 p.m.
MBA, 20 West St., Boston

  • Tax Issues Related to Entities
    • Choice of entity when establishing a law practice;
    • Comparison of tax implications of corporations, partnerships, limited liability companies and associations; and
    • Difference between C and S corporations, including requirements for S election.
  • Tax Issues Related to Real estate
    • Mortgage interest;
    • Points;
    • Exclusion of gain from sale of principal residence;
    • What is a principal residence and requirements of living there?;
    • Principal residence exclusion when portion of property rented;
    • Tax effect of a foreclosure; and
    • Home office deductions.

Click here for a list of faculty and to register.

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Featured member benefit: Daily Legal Headlines

Looking for recent legal news?

Each morning, visit www.massbar.org to view the latest news headlines related to state and federal laws, the legal profession and the MBA. Updated every day, our headlines section is accessible on the Homepage and here.

Subscribe to the MBA's Headlines RSS feed here.

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Top (from left to right): Criminal / Immigration Law Training Conference Co-Chairs Jennifer Klein, Esq. and Jeannie Kain, Esq. of the Committee for Public Counsel Services' Immigration Impact Unit.
Bottom: Attendees participate in a training conference panel discussion.

Photos by Marc D'Antonio.

MBA holds first Criminal / Immigration Law Training Conference

For the first time, the Massachusetts Bar Association's Immigration Law Section held an all-day training conference on May 9. The conference offered attendees the opportunity to attend four panel discussions, which included experts who spoke on the effects of criminal conduct on immigation proceedings.

Jeannie Kain, Esq. and Jennifer Klein, Esq. -- both from the Committee for Public Counsel Services' Immigration Impact Unit -- chaired the program, which provided experienced immigration law practitioners, as well as criminal defense attorneys, with the opportunity to learn more about how immigration concerns can impact representations.

"This program was very effective in bringing the criminal and immigration bars together," Kain said. "We made a concerted effort to make sure the programming catered to both the experienced immigration lawyer and those defense attorneys who dabble."

Upcoming CLE seminar and program schedule

Register for the May 16 "The Adaptable Lawyer," for tips to help minimize professional liability risk.

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 PROGRAMS

Lifecycle of a Business Part 3: Employment & Business Litigation Matters Live program
Tuesday, May 15, 5-7 p.m.
MBA, 20 West St., Boston

The Adaptable Lawyer: Staying Practical in Today's Complex Legal Environment Live program
Wednesday, May 16, 10 a.m.-noon
MBA, 20 West St., Boston


Law Practice Management Section Educational Series: Your Law Firm's Website In-depth Live program
Wednesday, May 16, 12:30-1:30 p.m.
MBA, 20 West St., Boston


Taxation Practice Series: Estate Planning, Basis and Forming a Nonprofit Organization Live program
Thursday, May 17, 4:30-6 p.m.
MBA, 20 West St., Boston

33rd Annual Labor & Employment Law Spring Conference Recorded program
Friday, May 18, 9 a.m.-5 p.m.
Colonnade Hotel, 120 Huntington Ave., Boston

Latest in the Law: Family Law Update Live program
Wednesday, May 23, 4-7 p.m.
MBA, 20 West St., Boston

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MBA On Demand

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.

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Section News: Upcoming meetings and special section events

Attend the May 15 Labor & Employment, Family Law, General Practice, Solo & Small-Firm, or Property Law section council meetings. Join in the May 16 Civil Litigation, Judicial Administration, Probate Law or Taxation Law section council meetings.

Labor & Employment Section Council Meeting

Tuesday, May 15, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Labor & Employment Section Council is scheduled for Tuesday, May 15 from 4:30 to 6 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Family Law Section Council Meeting

Tuesday, May 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Family Law Section is scheduled for Tuesday, May 15 from 5:30 to 7 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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General Practice, Solo & Small-Firm
Section Council meeting

Tuesday, May 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the General Practice, Solo & Small-Firm Section Council is scheduled for Tuesday, May 15 from 5:30 to 7 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Property Law Section Council meeting

Tuesday, May 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Property Law Section Council is scheduled for Tuesday, May 15 from 5:30 to 7 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Civil Litigation Section Council meeting

Wednesday, May 16, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Civil Litigation Section Council is scheduled for Wednesday, May 16 from 4:30 to 6 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Judicial Administration Section Council meeting

Wednesday, May 16, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Judicial Administration Section Council is scheduled for Wednesday, May 16 from 4:30 to 6 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Probate Law Section Council meeting

Wednesday, May 16, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Probate Law Section Council is scheduled for Wednesday, May 16 from 5 to 6:30 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Taxation Law Section Council meeting

Wedensday, May 16, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Taxation Law Section Council is scheduled for Wednesday, May 16 from 5 to 6:30 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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