e-Journal
11-01
MBA statement in response to the release of the special counsel’s report on OUI cases
The Massachusetts Bar Association has a long history of
advocating for and supporting an impartial justice system that
protects the rights of all involved.
"The special counsel's report to the Supreme Judicial Court
demonstrates that overall the Massachusetts courts are treating OUI
cases in line with that of other states. While drunk driving cases
are a serious matter, judges must remain independent and be
provided the freedom to decide individual cases based on the weight
of the evidence before them and the unique circumstances of each
particular case," said Thomas Hoopes, chair of the MBA's Committee
on Fair and Impartial Courts.
In regard to the high bench trial acquittal rates of certain
judges, the report correctly cautions against drawing any adverse
conclusions about those individual justices. Rather, as identified
by the report, evidentiary barriers and other systemic factors may
contribute to those elevated rates.
The MBA will closely examine the report's recommendations and
work with court and legislative leaders to ensure that the
independence of the judicial system is preserved.
For the full report and a statement
from the Supreme Judicial Court, click here.
Featured member benefit: My Bar Access
MBA to launch interactive new section/division pages with My Bar Access
My Bar Access -- a new online member-to-member community
exclusive to Massachusetts Bar Association members -- will launch
this December. A valuable new member benefit, My Bar Access
transforms the way members can exchange information by combining
social networking, member-created content and imperative bar
resources, in one convenient web location.
My Bar Access member groups will replace the current section
pages on www.massbar.org and allow members to instantly connect
with each other through My Bar Access member groups, using these
interactive tools:
- Announcements (ONLY available to Group Admins);
- Discussions (formerly known as listservs);
- Blogs; and
- Resource libraries.
In addition to offering member-created content, My Bar Access
member groups provide information on section-sponsored MBA On
Demand programs, Section Review articles, section
leadership and more.
As an added benefit, My Bar Access is
completely customizable to the user -- allowing members the ability
to decide how often they wish to receive My Bar
Access group activity notifications.
Take advantage of this invaluable
resource, which enables you to connect, share and collaborate with
members of the legal community. Look for upcoming My Bar
Access details on www.massbar.org, in Lawyers
e-Journal and in future Lawyers Journals.
New issue of Lawyers Journal available
The November issue of Lawyers Journal has been mailed
and is available online.
It features a piece on recent MBA President Award recipients State
Sen. Gale D. Candaras (D-Wilbraham) and State Rep. John V.
Fernandes (D-Milford), who were honored for their service to the
legal profession and their community. Both Candaras and Fernandes
were recognized by the MBA for their work as members of the
legislative task force that wrote the alimony reform bill signed
into law last fall.
Additional highlights include:
- Full coverage of the MBA's Annual Bench-Bar Symposium, which
featured Supreme Judicial Court Chief Justice Roderick L. Ireland's
second address to the legal community;
- Information on the MBA's call, with others, on Attorney General
Martha M. Coakley to appoint an independent investigator in the
crisis involving the William Hinton State Drug Laboratory;
- Details about the MBA's new Member-Get-A-Member program. Learn
how you can refer a colleague and be rewarded.
Click
here to read the November issue.
Tell us why you belong to the MBA
Douglas Sheff feels the MBA has provided him with business opportunities and pride and purpose in the law. Share your story.
Engaging conferences. Inspiring pro bono work. Welcoming
networking events. You belong here, at the Massachusetts Bar
Association.
Tell us why YOU belong. E-mail us at
ibelong to share your story and be entered to win a FREE
2013-2014 MBA membership. E-mails must be received by Dec. 31,
2012. A winner will be selected on Jan. 14,
2013.
The MBA offers the legal community a wide array of professional
development and volunteer opportunities.See why others belong.
NOTE: All testimonials shared by
e-mail, mail and phone may be published in various MBA
publications, posted on the MBA web site and its social media
platforms, printed on marketing materials and used in advertising
or for other related endeavors.
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Upcoming November Conferences
11th Annual Western Massachusetts Bankruptcy Conference, Nov. 8; 10th Annual In-House Counsel Conference, Nov. 30
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Attend the 11th Annual Western Massachusetts
Bankruptcy Conference on Thursday, Nov. 8 from 4 to 7 p.m. at
Western New England University School of Law, 1215 Wilbraham Road,
Springfield. Since we expect consumer bankruptcy to continue to be
a busy practice area, it is important to stay up to date on the
latest trends in bankruptcy law. The 11th Annual Western
Massachusetts Bankruptcy Conference aims to keep practitioners
current and up-to-date to best serve their clients.
Featuring most of the Massachusetts Bankruptcy judges, this year's
conference will focus on important updates and issues relevant to
both new and experienced bankruptcy practitioners. This year's
panelists will include Connecticut presenters in order to explore
similarities and differences between the Massachusetts and
Connecticut bankruptcy code. Specific topics include:
- Changes in the intersection of bankruptcy and family law;
- Successful attorney/trustee interactions and issues;
- Updates on new claims and new foreclosure law; and
- Comparing bankruptcy practice and procedure between
Massachusetts and Connecticut.
Price:
MBA member paralegals, law students, recent admittees: $40; MBA
members: $80; and nonmembers: $160.
Registration:
For more information, or to register, call Member Services at
(617) 338-0530 or click here.
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The theme of the MBA's 10th Annual In-House Counsel
Conference is "Best Practices for In-House Counsel." The conference
will be held on Friday, Nov. 30 from 8:30 a.m. to 1 p.m. at the
MBA, 20 West St., Boston. Designed to present in-house counsel with
information from in-house practitioners, outside counsel, and
experts in selected areas of current interest to in-house counsel,
this year's conference highlights include:
- Opening remarks by Lauren Stiller Rikleen regarding
strengthening multigenerational relationships. Rikleen is an
attorney and a nationally-recognized expert on developing a diverse
and multi-generational workforce and creating a culture where
professionals can advance and flourish.
- An update from the Business Litigation Session of the Superior
Court Department regarding the BLS Pilot Project, which was
designed to lessen the burdens of litigation. Attendees will learn
about the advantages of the pilot program over other alternatives
as a means of resolution of business disputes.
- A presentation regarding current cyber-security issues,
including cyber-stalking, use of false identities and other
threats; electronic data security and privacy; how to address
cyber-threats; and cyber-security insurance and other insurance
products available to address risks.
- Best practices in insurance planning, including commonly
encountered insurance terms and forms, where gaps in coverage can
occur, funding mechanisms for self-insured retentions and
deductibles, insurance issues that arise under contracts and
tailoring contracts to suit insurance coverage.
- Traps for the Unwary in Independent Investigations. Independent
investigations are a proven strategy to reduce the risk of
shareholder litigation in public and private companies, but what
does it take to satisfy a court that the investigation was
independent? Recent court decisions may raise the bar.
- The conference will again have brief "lightning round"
presentations concerning current developments of interest to
in-house counsel. There will be two intellectual property
segments:
1. "First-to-file and absolute novelty for patent
applications is (almost) here"
In March 2013 the U.S. implements a first-to-file patent system
requiring "absolute novelty" for patentability.
2. "Patent validity challenges by a licensee (or
having your cake and eating it too)"
Patent licensees can now sue their licensor and assert
invalidity of the licensed patent. What contract provisions are
licensors using in license agreements to protect themselves against
a patent validity challenge by their own licensees -- and will they
work?
This year the MBA will be
offering a special post-election presentation for those who arrive
early. Witt Associates will sponsor a breakfast and vice president
John Weinfurter will offer remarks regarding what in-house counsel
can expect from the recent elections, including who will likely be
chairing important congressional committees and other political
projections of interest to in-house counsel.
The conference is co-sponsored by New England In-House,
a publication affiliated with Massachusetts Lawyers Weekly, and
the New England Corporate Counsel Association.
Unable to come to Boston? This program is
available as a real-time Webcast. When registering, participants
can choose to attend virtually from a home or office computer. If
you choose to attend the program via real-time Webcast, space is
limited. Registrants will be taken on a first-come, first-served
basis.
Price:
MBA member paralegals, law students, recent admittees: $40; MBA
members: $80; and nonmembers: $160.
Registration:
For more information, or to register, call Member Services at
(617) 338-0530 or click here.
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From left: Supreme Judicial Court Justice Ralph D. Gants; Susan M. Finegan, Esq. of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC, chair of the SJC Standing Committee on Pro Bono Legal Services; John Adams Pro Bono Publico Award recipient Steven Dzubak, recent graduate of Western New England University School of Law; John Adams Pro Bono Publico Award recipient Dorothy Varon of the Massachusetts Mutual Life Insurance Company in Springfield; John Adams Pro Bono Publico Award recipient Susan Corcoran of the Massachusetts Chapter of the ACLU; John Adams Pro Bono Publico Award recipients Daniel Rosenfeld, Michael Vhay and Matthew Iverson of DLA Piper LLP of Boston.
Photo courtesy of the Supreme Judicial Court.
Three MBA members receive 2012 Adams Pro Bono Publico Awards
The Massachusetts Supreme Judicial Court's Standing Committee on
Pro Bono Legal Services awarded three MBA members 11th Annual John
Adams Pro Bono Publico Awards.
The John Adams Pro Bono Publico Awards are given in
recognition of distinguished service and outstanding commitment in
providing legal services for the poor and disadvantaged.
The recipients were presented awards by Supreme Judicial Court
Justice Ralph D. Gants on Wednesday, Oct. 24. at the John Adams
Courthouse in Boston.
Honored MBA members include:
- Dorothy Varon, assistant vice president of and
counsel to the Massachusetts Mutual Life Insurance Company in
Springfield. Varon has devoted countless hours of her time to the
Western Division of the Housing Court in Springfield and has helped
establish an innovative corporate counsel pro bono program. She
graduated from Western New England College School of Law in
1995.
- DLA Piper LLP, one of the largest business law
firms in the world. The Boston office is being recognized for their
diligent commitment to providing pro bono legal services. In
particular, DLA Piper LLP Boston is being honored for their
collaboration with the Massachusetts Advocates for Children on the
Education Rights Signature Project. MBA members of DLA Piper LLP
include Boston partners Robert J. O'Connor Jr and
William B. Forbush III.
Upcoming CLE seminar and program schedule
Trust and special needs trust language is under attack by federal and state agencies. Learn how to draft a trust that works on Nov. 15.
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
11th
Annual Western Massachusetts Bankruptcy
Conference
Thursday, Nov. 8, 4-7 p.m.
Western New England University School of Law, 1215 Wilbraham Road,
Springfield
How to Draft a Trust that
Works 
Thursday, Nov. 15, noon-4 p.m.
MBA, 20 West St., Boston
Juvenile & Child Welfare Legal Chat
Series
Friday, Nov. 16, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.
10th Annual In-House Counsel
Conference
Friday, Nov. 30, 9 a.m.-2 p.m.
MBA, 20 West St., Boston
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Unable to attend October seminars? Practitioners who were not
able to attend MBA CLE programs in October can now view select
programs on MBA On Demand. MBA On Demand is an innovative MBA
member benefit that offers you the opportunity to watch an MBA
program from the comfort of your home or office, at a time that
suits your schedule.
In addition, watching an MBA seminar or conference just got
easier. All previously recorded MBA On Demand programs are now
available anytime, anywhere on your mobile device.
October CLE programming now available includes:
To view a listing of current programs offered on MBA On
Demand, click here.
Section News: Upcoming meetings and special section events
Attend the Nov. 7 Law Practice Management Section Council meeting. Join in the Nov. 14 ABA Committee on Practice and Procedures/NLRA.
Law Practice Management Section
Council meeting
Wednesday, Nov. 7, 5:15-6:45
p.m.
MBA, 20 West St., Boston
The next meeting of the Law Practice
Management Section Council is scheduled for Wednesday, Nov. 7 from
5:15 to 6:45 p.m. All section members are invited to attend.
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ABA Committee on Practice and
Procedures/NLRA
Wednesday, Nov. 14, noon-2
p.m.
MBA, 20 West St., Boston
The annual meeting of the Regional Subcommittee of the ABA
Committee on Practice and Procedure (P&P) under the NLRA will
be held as a combined meeting with the MBA's Labor & Employment
Section. The ABA's P&P Committee focuses on procedural labor
law issues. This is an excellent opportunity to learn what the
subcommittee does and to participate in its face-to-face
discussions with NLRB officials.
The meeting will include two segments
and you are invited to attend one or both:
- Noon: Discussion of procedural concerns and
questions that have arisen in practices before the board over the
past year. A list of these issues will be prepared for discussion
at the 1 p.m. session with Acting Regional Directors Elizabeth
Gemperline, Ronald Cohen and their staff. Some of these issues may
be presented to the NLRB's general counsel for presentation at the
national midwinter meeting of the ABA P&P Committee under the
NLRB.
- 1 p.m.: A brief presentation by the acting
regional directors and staff of Region 1 -- and by the regional
director for Region 34 in Hartford -- concerning pending regional
office, general counsel or board policy initiatives, including a
Q&A session, a discussion of possible topics for the P&P
midwinter meeting and a discussion of other committee
activities.
News from the courts
SJC appoints MBA members to committee to study the Massachusetts Code of Judicial Conduct; Probate and Family Court releases procedural advisory and revised estate administration forms; SJC seeks judge evaluations in Middlesex Counties; Memorandum regarding Chapter 193 of the Acts and Resolves of 2012
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SJC appoints MBA members to
committee to study the Massachusetts Code of Judicial Conduct
The Massachusetts Supreme Judicial
Court justices have announced appointments to a committee to study
the Massachusetts Code of Judicial Conduct. The committee has been
formed to review the current Massachusetts Code of Judicial Conduct
adopted in 2003, in comparison to the Model Code of Judicial
Conduct adopted by the American Bar Association in 2007. Associate
Justice of the Massachusetts Appeals Court Cynthia J. Cohen has
been appointed chair of the Committee.
Appointed MBA members include:
- Hon. Cynthia J. Cohen, Appeals Court;
- Hon. Peter W. Agnes Jr., Appeals Court;
- Hon. Kenneth V. Desmond Jr., Boston Municipal Court;
- Hon. Judith Fabricant, Superior Court;
- Hon. Linda S. Fidnick, Probate & Family Court;
- Hon. Diana H. Horan, Housing Court;
- Hon. Angel Kelly-Brown, District Court;
- Hon. Mark D. Mason, District Court;
- Hon. James F. McHugh, Appeals Court (retired);
- Hon. Karyn F. Scheier, Land Court chief justice;
- Hon. John S. Spinale, Juvenile Court; and
- Michael S. Greco, K & L Gates LLP.
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Probate and Family Court releases
procedural advisory and revised estate administration forms
Chief Justice Paula M. Carey of the Probate and Family Court has
releases a procedural advisory for estate administration
matters. The procedural advisory summarizes procedural
changes to estate administration matters as a result of Chapter 140
of the Acts of 2012. Chapter 140 amended various sections of G. L.
c. 190B, the Massachusetts Uniform Probate Code and incorporates
the Massachusetts Uniform Trust Code as Chapter 203E of the general
laws. The procedural advisory was developed by the MUPC Procedures
Committee which includes Probate and Family Court judges, court
staff and members of the bar. The advisory is a new method to
educate court staff, members of the bar and litigants on procedural
updates. A procedural advisory on the MUTC will be released in late
November.
Carey also announced the release of 'round one' of newly-created
and revised estate administration forms for actions brought under
the MUPC. In response to comments received from members of the bar,
litigants and court staff, the MUPC Forms Committee created a new
combination Assent and Waiver of Notice/Renunciation/Nomination and
Waiver of Sureties form (MPC 455) and Instructions (MPC 941). The
new form will replace the need to file separate forms for common
requests in estate administration matters. The Assent and Waiver of
Notice portion of the form may be used in all probate matters,
excluding guardianship of minor proceedings.
Revised forms include:
- MPC 801-Bond
- MPC 255-Petition for Informal Appointment of Successor PR;
- MPC 760-Order for Informal Appointment of Successor PR;
- MPC 270-Petition for Formal Appointment of Successor PR;
- MPC 765-Decree and Order for Formal Appointment of Successor
PR;
- MPC 264-Statement of Resignation of PR; and
- MPC 550-Notice of Informal Probate.
New forms, now acceptable for filing,
include:
- MPC 455-Assent and Waiver of
Notice/Renunciation/Nomination/Waiver of Sureties; and
- MPC 941- Instructions for MPC 455.
A second round of form revisions
for estate administration and trust matters is scheduled for late
November. Comments on any of the forms may be sent to: [e-mail emily.deines].
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SJC seeks judge evaluations in
Middlesex Counties
As part of the continuing program to evaluate and enhance judicial
performance, the Supreme Judicial Court will evaluate judges of 46
District, Housing, Probate and Family, and Juvenile Court in
Middlesex County.
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 a confidential website to complete the
evaluation electronically. If an attorney wishes the Supreme
Judicial Court to have their e-mail address for conducting
evaluations in the future, e-mail addresses can be registered here.
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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Memorandum regarding Chapter 193 of
the Acts and Resolves of 2012
On August 2, 2012 Gov. Deval Patrick
signed Chapter 193 of the Acts and Resolves of 2012, An Act Further
Regulating Animal Control, concerning animals in conjunction with
restraining orders, which became effective on Oct. 31, 2012.