e-Journal
05-17
Senate Ways and Means releases FY13 budget proposal
The MBA remains fully engaged in advocating for funding important to the administration of justice.
Yesterday, the Senate Ways and Means Committee released its
$32.2 billion fiscal year 2013 budget proposal. Included in the
proposal was $561.8 million in funding for the Trial Court, $1.8
million more than the House budget. The Senate budget also included
full transferability for the newly appointed court
administrator.
Additionally, the Massachusetts Legal Assistance Corporation was
funded at $11 million, $3.5 million below MLAC's requested amount
necessary to restore critical legal services for low-income
citizens. Senator Cynthia Stone Creem (D-Newton), senate chair of
the Joint Committee on the Judiciary, is filing an amendment to add
$3.5 million to MLAC's budget.
The Committee for Public Counsel Services account was filed at
$162.4 million. The House funded CPCS at $162.2 million. Both
branches have refrained from further expanding the ratio of staff
counsel to assigned private counsel.
The Senate is set to begin debate on the budget proposal on
Wednesday, May 23. Click
here to view the budget.
MBA thanks its 2012 Annual Dinner sponsors
Join the growing list of sponsors of the MBA's May 31 Annual Dinner
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. 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
Tables and individual tickets are also available for
purchase. A table for 10 is $1,500 and individual tickets are
$150.
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.
Top: Hon. Mark Wolf, chief judge of the U.S. District Court, accepts the Daniel F. Toomey Excellence in the Judiciary Award.
Bottom (from left to right):
Boston Globe columnist Kevin Cullen receives the Excellence in Legal Journalism Award from MBA President-elect Robert L. Holloway Jr.
PHOTO ©
MIKE RITTER 2012.
Excellence in the Law salutes finest in the profession
MBA honors Hon. Mark Wolf, Globe columnist Kevin Cullen
Massachusetts Lawyers Weekly and the Massachusetts Bar
Association honored the best of the legal profession at "Excellence
in the Law" on the evening of May 10 at the Fairmont Copley Plaza
in Boston.
Following welcome remarks and a group champagne toast led by
Massachusetts Lawyers Weekly Publisher Susan Bocamazo, MBA
President-elect Robert L. Holloway Jr. presented 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.
Wolf was appointed to the U.S. District Court for the District of
Massachusetts in 1985 and became its chief judge in 2006. He
delivered acceptance remarks that highlighted his great
appreciation of America's judicial system following his speaking
engagements and other interactions with judicial colleagues around
the globe.
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.
The event also saluted the 2012 Up & Coming Lawyers, as well
as the recipients of this year's other Excellence in the Law awards
for diversity, pro bono, marketing, firm administration and
operations.
For more Excellence in the Law coverage, look in the
June Lawyers Journal.
Commonwealth seeks Inspector General applicants
The Commonwealth of Massachusetts is seeking a person to serve
as Inspector General who will be responsible for the management and
operations of the Office of the Inspector General.
The mission of the Office of the Inspector General, as established
in Chapter 12A of the Massachusetts General Laws, is to prevent and
detect fraud, waste and abuse in the expenditure of public funds,
whether state, federal or local, relating to programs and
operations involving the procurement of any supplies, services or
construction by state government entities and activities of the
commonwealth, including those districts, authorities,
instrumentalities and political subdivisions created by the state
Legislature, including cities and towns.
The office conducts investigations and operational and management
reviews, analyzes legislation and regulations, and provides
technical assistance to governmental entities. The office has a
Fiscal Year 2012 budget of $2.8 million and 40 employees.
Click here for more information and to apply.
Photograph by
Marc D'Antonio
From left to right: Symposium Co-Chair Alan J. Klevan, Esq., General Practice, Solo & Small-Firm Section Chair John B. DiSciullo and Symposium Chair Scott D. Goldberg, Esq.
General Practice, Solo & Small-Firm Conference focuses on preparing for the future
The Second Annual General Practice, Solo & Small-Firm
Symposium was held May 10 at Lombardo's in Randolph. At the
afternoon symposium, attendees were provided with practical tips on
how to strengthen their business plans and embrace advances in
technology, while also participating in a working lunch and
networking reception.
Symposium panelists discussed a variety of topics, including the
effects of cloud computing on law practices, innovative business
models for the modern legal world, ethical issues surrounding
contingent fee agreements and client management, and a variety of
networking techniques. Additionally, a panel of active and retired
judges provided a heuristic analysis of alternative dispute
resolution.
Scott D. Goldberg, Esq., of the Law Firm of Scott D. Goldberg PC
in Boston chaired the event. Rodney S. Dowell, Esq., of the Law
Office Management Assistant Program and Alan J. Klevan, Esq., of
Klevan & Klevan co-chaired the symposium.
Congrats to
Jim Silva of the Law Office of James G. Silva in Westford, winner
of the MBA's LinkedIn contest. He attended the General Practice,
Solo & Small-Firm Conference free of charge.
MBA members volunteer at the May 16 Western Mass. Dial-A-Lawyer program.
Photos by Jennifer Rosinski.
MBA holds semi-annual Western Mass. Dial-A-Lawyer program on May 16
Phones rang non-stop for four hours on Wednesday, May 16 at
Western New England University School of Law in Springfield, where
30 volunteer lawyers affiliated with the Massachusetts Bar
Association provided 385 callers from across Western Massachusetts
with free legal advice.
The Western Massachusetts Dial-A-Lawyer has been held for the past
18 years and became a semi-annual program, held in May and October,
11 years ago. It is provided as a public service of the MBA. In
addition to WNEU School of Law, other sponsors include The
Republican, El Pueblo Latino, the Massachusetts
Association of Hispanic Attorneys and the Hispanic National Bar
Association.
Legal topics are varied and include landlord-tenant disputes,
worker's compensation, divorce, criminal matters, estate planning,
discrimination, adoption and landlord disputes as well as health
and Medicare issues.
LPM Tip
Ten ways to ensure marketing failure
There are many paths to building a successful law practice. Some
lawyers use golf or other recreational activities as a way of
cultivating business relationships. Others get active in
nonprofit causes, local politics, alumni associations or the arts.
Still others write, speak and get involved in trade
associations.
Whatever the path you choose to build your practice, the strategy
is the same. Develop a reputation in a niche practice area (or with
a particular industry) and build relationships with potential
clients and referral sources. Beyond that, there are many tactics
you can use to be successful.
But what are some things that are guaranteed not to work? Here is
my top 10 list:
- Expecting that doing good work is enough.
- Relying too much on speaking, writing, social media and other
forms of marketing and not doing enough relationship
building. (Marketing is important, but it is not a substitute for
engaging prospects in conversation.)
- Giving up too easily -- These days, you need to work pretty
hard to break through the noise if you want to connect with
referral sources and prospects. (Many lawyers give up when one
e-mail message goes unanswered.)
- Communicating like a lawyer (i.e. failing to distill what you
do down to simple sound bites).
- Failing to project confidence in your ability to help a
prospect with his or her problem. (Sure you don't want to over
promise; but people hire lawyers they trust and who they think can
solve their problems, not lawyers who hedge every promise.)
- Projecting negativity. (This is an occupational hazard for
attorneys -- we are paid to think about what might go wrong; but we
need to be more positive when we are out marketing.)
- Saving marketing for a rainy day. (Try spending at least 15
minutes every day.)
- Expecting short term results. (Don't expect one seminar to
generate a lot of clients.)
- Failing to have a written plan. (Putting your plan in writing
is the best way to guarantee that you will stick to your
plan.)
- Being a poor listener. (Let prospects do 80 percent of the
talking. That is the only way you are going to learn about the
challenges they face-and services they need.)
Tip courtesy of Stephen Seckler, president, Seckler Legal
Consulting and Coaching.
Published May 17, 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
SJC seeks judge evaluations in Superior Court in Suffolk and Middlesex Counties; Trial Court Law Libraries offer eBook accessibility to court rules and Massachusetts Guide to Evidence
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SJC seeks judge evaluations in
Superior Court in Suffolk and Middlesex Counties
As part of the continuing program to
evaluate and enhance judicial performance, the Supreme Judicial
Court will evaluate judges of the Superior Court in Suffolk and
Middlesex counties beginning Monday, May 21.
Attorneys who receive a questionnaire
should take the time to complete it, as the more responses
received, the more helpful the judicial evaluations will be. The
SJC's evaluation program is the best opportunity for attorneys to
offer their opinions of the members of the judiciary. Attorneys who
have appeared in these courts in the last two years,
according to court records, will receive questionnaires. Attorneys
will receive an e-mail requesting them to log into our website to
complete the evaluation electronically. As required by statute, the
electronic system keeps the evaluations confidential and anonymous.
A paper questionnaire is mailed, if there is no attorney e-mail on
record.
Inquiries concerning questionnaires and evaluations should be
directed to Mona Hochberg, SJC judicial performance evaluation
coordinator, at (617) 557-1156 or [e-mail Mona.Hochberg].
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Trial Court Law Libraries offer
eBook accessibility to
court rules and Massachusetts Guide to Evidence
In a continuing effort to make legal materials more easily
accessible to judges, lawyers and the general public, the
Massachusetts Trial Court Law Libraries are now offering free eBook
access to court rules and the Massachusetts Guide to
Evidence.
Instructions on how to download the free app and links to the
downloadable files are available on the Trial
Court Law Library website.
In addition to the Massachusetts Guide to Evidence, the
following rules are available for download:
- Rules of Civil Procedure;
- Rules of Criminal Procedure;
- Rules of Appellate Procedure;
- Rules of Land Court, with standing orders, Manual and
Guidelines;
- Rules of Domestic Relations Procedure;
- Rules of Superior Court; and
- Rules of Juvenile Court.
New editions of eBooks will be available when a rule is changed,
and announcements that an updated edition is ready to download will
be made on Twitter, on the Massachusetts Law Blog
and linked from the Trial Court Law
Library's website.
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Upcoming CLE seminar and program schedule
Register for the May 18 Labor & Employment Conference, featuring the Globe's Bob Ryan, employment law/MCAD updates, courtroom skills 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
Taxation Practice Series: Estate Planning,
Basis and Forming a Nonprofit Organization 
Thursday, May 17, 4:30-6 p.m.
MBA, 20 West St., Boston
33rd Annual Labor &
Employment Law Spring Conference 
Friday, May 18, 9 a.m.-5 p.m.
Colonnade Hotel, 120 Huntington Ave., Boston
Latest in
the Law: Family Law Update
Wednesday, May 23, 4-7 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.
Featured member benefit: MBA Mentoring Circles
Join a one-of-a-kind mentoring program that allows you to be both the mentor and mentee.
- Designed to offer MBA members an opportunity for confidential
advice and guidance;
- Each circle includes eight to 12 attorneys of various levels of
expertise (with two to three senior attorneys, one retired judge or
attorney, and five to eight attorneys who have practiced for 10
years or less);
- Arranged by county and practice area;
- Scheduled to meet a minimum of four times a year; and
- Offers invaluable resources, networking tools and professional
growth.
The MBA's Mentoring Circles program will start a new session in
September 2012. Not in a circle? Register online at www.massbar.org/mentorcircles. Join today and
participate in this unique mentoring program.
Register for the June 14 "Implicit Racial Bias Across the Law" Conference
Despite cultural progress in reducing overt acts of racism,
stark racial disparities continue to define American life. Attend
Harvard Law School's "Implicit Racial Bias Across the Law: A Book
Conference," on Thursday, June 14, and consider what emerging
social science can contribute to the discussion of race in American
law, policy and society. The conference will also explore how
scientific evidence on the human mind might help to explain why
racial equality is so elusive.
The conference will bring together scholars, judges,
practitioners and community leaders to explore the issues
surrounding implicit racial bias in law and policy. Beginning with
a compelling overview of the social science, leaders in the areas
of criminal justice, housing law and policy, education and health
care will also present overviews of the impact of implicit bias in
their fields. Attendees will hear federal judges' and leading
scholars' perspective on implicit bias claims in the courtroom and
hear experts' assessment of the future of implicit bias in the law.
A lively afternoon session will include simultaneous break-out
sessions and roundtable discussions of specific implicit bias
related topics. Audience participation will be welcomed and
encouraged.
Section News: Upcoming meetings and special section events
Attend the May 22 Criminal Justice and Business Law section council meetings. Attend the May 23 General Practice Section Council meeting, rescheduled from May 15.
Criminal Justice Section Council
Meeting
Tuesday, May 22, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Criminal Justice Section Council is
scheduled for Tuesday, May 22 from 5:30 to 7 p.m. All section
members are invited to attend.
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Business Law Section Council
Meeting
Tuesday, May 22, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Business Law
Section is scheduled for Tuesday, May 22 from 6 to 7:30 p.m. All
section members are invited to attend.
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RESCHEDULED: General Practice, Solo
& Small-Firm
Section Council meeting
Wednesday May 23, 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 Wednesday, May 23 from 5:30 to 7
p.m. All section members are invited to attend.
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