e-Journal
11-08
MBA applauds Gov. Patrick’s appointment of independent investigator to examine drug lab failings
The Massachusetts Bar Association praises Gov. Deval L. Patrick
for his quick action in appointing an independent investigator to
undertake a broad review of the William Hinton State Drug
Laboratory, a request the MBA and other groups made two weeks
ago.
On Monday, Nov. 5, the governor appointed Massachusetts Inspector
General Glenn A. Cunha to lead the investigation. Cunha, both a
former assistant attorney general and assistant district attorney
with 30 years of experience, brings a wide breadth of experience to
this critical role.
"We are pleased that the governor has selected the inspector
general, who has the experience and strong investigatory tools at
hand to thoroughly examine the matter," said Martin W. Healy, chief
legal counsel to the MBA.
The MBA, along with the Committee for Public Counsel Services,
the Massachusetts Association of Criminal Defense Lawyers and the
American Civil Liberties Union of Massachusetts called on Attorney
General Martha M. Coakley in an Oct. 24 letter to appoint an
independent investigator to examine the Jamaica Plain lab, where
chemist Annie Dookhan is alledged to have mishandled the evidence
in thousands of drug cases.
Coakley, on Oct. 31, asked the governor to appoint an independent
investigator to review the policies, practices, and oversight at
the lab. The attorney general said her office will continue to
focus on the criminal investigation of Dookhan and the impact on
drug cases in which she was involved.
"It is critical that all parties have unquestioned faith in that
process from the beginning so that they will have full confidence
in the conclusions drawn at the end," Coakley said in a
statement.
From top to bottom:
Probate & Family Court Chief Justice Paula M. Carey delivers to the State of the Trial Court address to open the second day of programming at the MBA’s Annual Family Law Conference.
MBA Past President Denise Squillante; Rep. John V. Fernandes (D-Milford); Sen. Gale Candaras (D-Wilbraham); MBA President Robert L. Holloway Jr.; Probate & Family Court Chief Justice Paula M. Carey and MBA Director of Policy and Operations Lee Ann Constantine.
Family Law Chair and Conference Co-Chair Michael Flores; Conference Co-Chair Marc Fitzgerald; and Family Law Section Vice Chair Jennifer Clapp.
MBA members attend the annual Family Law Conference on Oct. 26-27.
Did you miss the Family or Public Law conferences?
Review conference highlights and purchase MBA On Demand recordings today.
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Family practitioners head to the
Berkshires to learn the latest in the law
The Massachusetts Bar Association's sold-out 22nd
Annual Family Law Conference was held at the Cranwell Resort in
Lenox at the end of October. Delivering on its high expectations,
the popular event featured award presentations to state
legislators, Probate & Family Court Chief Justice Paula M.
Carey's State of the Trial Court and panel presentations on the
latest in family law.
The conference's Oct. 26 opening reception featured MBA
President's Award presentations to Sen. Gale D. Candaras
(D-Wilbraham) and Rep. John Fernandes (D-Milford). The legislators
of honor co-chaired the task force pivotal in bringing to fruition
the long-awaited, new alimony laws enacted this past spring.
"The MBA applauds their far-reaching contributions to both the
legal community and the citizens of Massachusetts," said MBA
President Robert L. Holloway Jr., who was joined by MBA Past
President Denise Squillante to present the awards. Squillante
served on the task force led by Candaras and Fernandes.
The second day of conference programming began with Chief Justice
Carey's address. Her remarks touched upon the fiscal challenges
endured by the Massachusetts Trial Court over the last five years
and provided a more optimistic view of the court's current fiscal
health. She also spoke to the high level of collegiality from the
Massachusetts probate and family bar in the face of such fiscal
constraint and its resulting challenges. "That doesn't exist in
other states," she noted.
Among the many Probate and Family court initiatives discussed by
Carey were the recent conciliation programs in all counties; the
interdisciplinary settlement conference piloted in Norfolk and
Plymouth counties; and work being done to develop a screening tool
for domestic violence thanks to a Violence Against Women Act
grant.
Carey announced that the Probate and Family Court's strategic
planning process is well underway and that the technical changes to
the Massachusetts Uniform Probate Code are now up on the court's
website. "Once the kinks are worked out, I think you'll be pleased
with it," she said.
The remainder of the conference featured panel discussions -"The
New Era of Alimony-One Year After the Alimony Reform Act";
"Demystifying the GAL Process-Explanation and Preparation and
Preparation for your Client"; and "Parenting Plans Focusing on the
Best Interests of the Children."
The conference was planned by Marc E. Fitzgerald and Family
Law Section Chair Michael I. Flores.
If you missed the Family Law
Conference, click
here to view the program via MBA On Demand.
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Sixth Annual Public Law Conference
focuses on private lives of public attorneys
The Massachusetts Bar Association's Public Law
Section held its sixth annual conference on Thursday, Nov. 1 at the
MBA, 20 West St., Boston. This year's conference delved deeply into
the issues surrounding the private lives of public employees. A
wide array of speakers examined state law, regulations and employer
policies that impose limitations on what public employees can do,
both "on" and "off" the clock.
Public Law Section Chair Michele Randazzo began the conference by
posing the question, "Where is the line between employee's privacy
interests on the one hand, and on the other, government employer
interests in efficient operations?" This theme resonated throughout
the program with Inspector General Glenn A. Cunha cautioning public
employees and those in supervisory roles that, "anything you do,
say, text, or e-mail could end up on the front page of the paper."
Cunha advised agency leaders that clearly communicating this
concept is key to have public employees better understand the
risks.
Other conference panelists discussed the limits a public employer
can place on the use of social media by its employees, both on and
off the job. Robert Fitzgerald from the Lorenzi Group led a very
lively discussion on online monitoring.
The conference concluded with a keynote address from the Hon.
Timothy S. Hillman of the U.S. District Court for the District of
Massachusetts. Hillman offered valuable insights on evidentiary
issues related to electronic discovery.
Photo (right): MBA members listen to panelists at the Sixth
Annual Public Law Conference on Nov. 1. Photo by Marc
D'Antonio.
If you missed the Public Law
Conference, click
here to view the program via MBA On Demand.
Volunteer as an attorney coach or judge during the 2013 MBA Mock Trial season
As the Mock Trial Program enters its 28th year, we
hope you will volunteer as an attorney-coach or a judge during the
2013 season. The goal of the program is to further an understanding
of the law, court procedures and our legal system while helping
students hone their analytical, listening and speaking skills. The
program also seeks to promote better communication and cooperation
between the school community and the legal profession.
Using a hypothetical case developed by the MBA's Mock Trial
Committee, students begin preparing for their three preliminary
round trials as early as November. This year's case is an
old-fashioned murder mystery. The victim, a wealthy widow with no
children of her own, dies from a heart attack shortly after
informing her heirs that she is giving half of her estate to a
charity, and her live-in caregiver will receive a remaining equal
share with the grandnieces and grandnephews. The prosecution
asserts that the defendant, one of her grandnephews, poisoned her
by tampering with her medication to cause the heart attack. The
defense asserts that the heart attack was natural, or that if it
wasn't, she was murdered by her live-in caretaker or another
relative who was upset by the significant reduction in his share of
the estate. Can the prosecution prove the charge beyond a
reasonable doubt, or will the defense be able to poke enough holes
to prevent the case from being proven to a moral certainty?
This year, the program has a record number of high schools
participating this year. With this increase of new high
school registrants, there is a need for additional attorney-coaches
to assist the teams.
The following schools are still in need of an attorney-coach:
- Arlington High School, Arlington
- Bartlett Jr Sr High School, Webster
- Bellingham High School, Bellingham
- Boston Collegiate Charter School, Dorchester
- Bromfield School, Harvard
- Brookline High School, Brookline
- Foxborough Regional Charter School, Foxboro
- Four Rivers Charter Public School, Greenfield
- Francis W. Parker Charter Essential School, Devens
- Jeremiah E. Burke High School, Boston
- Lee Middle and High School, Lee
- Lexington High School, Lexington
- Lynn Vocational & Technical Institute, Lynn
- Narragansett Regional High School, Baldwinville
- Needham High School, Needham
If you would like to volunteer as an attorney-coach for any of
the above listed schools, we will contact the school and provide
them with your information. The time-commitment is based on both
your schedules and the teachers, but the trials begin at the end of
January and run through the end of March, depending on the success
of the individual teams. The schools may need your assistance any
time between now and the end of the season to help prepare for
upcoming trials.
If you are unable to volunteer as an attorney-coach for Mock
Trial, we are also recruiting attorneys to act as judges during the
tournament. The yearly Judge's Orientation is scheduled on
Thursday, Jan. 3, 2013 from 5 to 6:30 p.m. at the MBA, 20 West St.,
Boston.
If you are interested in
participating as an attorney-coach or a judge, please contact Mock
Trial Central at (617) 338-0570 or mocktrial.
CPCS employment opportunities
The Committee for Public Counsel Services is committed to
protecting the fundamental constitutional and human rights of its
clients by providing zealous advocacy, community-oriented defense,
and excellent representation.
Click here view a current list of available
positions.
Upcoming CLE seminar and program schedule
Can't make it to Boston for the Nov. 15 "How to Draft a Trust that Works" seminar? The MBA will provide a live program simulcast at Western New England University School of Law in Springfield.
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
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: The
New CHINS Statute
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, 8:30 a.m.-1 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.
LPM Tip
Harnessing the billable hour to improve your marketing results
80% of success is just showing up. -- Woody Allen
There are many reasons why marketing does
not come naturally to attorneys. Most of us are uncomfortable
with self promotion (shouldn't clients just hire us because we do a
good job?) Many of my clients would rather be doing billable work
than spending time at networking functions. And most of us
graduated from law school with no training in how to market a
professional services practice.
But there is one valuable marketing skill that most lawyers
master when they enter private practice. Lawyers learn how to
record their time and this in turn is a tool that can help you
stick with marketing long enough to be successful.
Whether or not you like recording your time, having the
discipline to keep track of what you are doing as a practicing
attorney is a very important skill that you can use to increase
your marketing success. One of the truths about building a
professional services practice is that it can take a long time
before the relationships you cultivate will turn into referrals.
Therefore, you need to stay in contact with your referral sources
over a long period.
There is no magic to it. You need to find creative ways to "show
up" over and over again. In some cases, you may not see referrals
for years. So keeping track of your time and budgeting an amount of
time that you devote each week to marketing, ensures that you are
not simply putting off marketing for a rainy day.
This is a great strength of many lawyers. If you get involved in
any community or nonprofit organizations, you know how hard it is
for many people to simply get things done. If nothing else, lawyers
know how to make lists and document what they are doing.
If you make the effort to write down your marketing goals and
create a specific list of marketing tasks each week, you
dramatically increase the likelihood that you will follow through.
If you then record your time and describe what you have done, you
can keep track of what activities seem to be effective ways to
build your referral relationships and where you may be spending too
much time tinkering with the bio on your firm's website.
The billable hour is being challenged and increasingly, clients
are looking for more fixed fee arrangements. But the billable hour
is far from dead. So start recording your non-billable time and
watch your marketing activity increase. You may not see any
results in the short run. But in the long run, your practice will
benefit greatly.
Tip courtesy of Stephen Seckler, president, Seckler Legal
Consulting and Coaching.
Published November 8, 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 Cynthia E.
MacCausland.
Register for the 10th Annual In-House Counsel Conference on Nov. 30
Attend and hear remarks from Lauren Stiller Rikleen, an update on the BLS Pilot Project, current cyber-security issues, best practices in insurance planning and more.
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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Featured member benefit: Bank of America ® Business and Personal Credit Cards
Show pride in your organization by enjoying the benefits of a Bank of America® MBA Business MasterCard® Credit Card with WorldPoints ® Rewards or an MBA Platinum Plus® MasterCard®.
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enjoying the benefits of a Bank of America® MBA Business
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View up-to-the-minute activity, pay your credit card bill and much
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Click here or call (888) 895-4904 and mention
priority code UABOKB to apply for your
Massachusetts Bar Association Business Card with WorldPoints
Rewards today. Don't forget to request additional cards with no
annual fee for your employees; they can help the business earn
rewards even faster. For information about rates, fees, other costs
and benefits associated with the use of this credit card, see the
terms and conditions.
** Valid MBA membership required. Credit cards
issued by FIA Card Services, N.A. Normal credit standards
apply. WorldPoints® is a registered trademark
of FIA Card Services, N.A. Bank of America is a registered
trademark of Bank of America Corporation.
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MBA Platinum Plus® MasterCard®
Support the MBA while you shop.
Applying for the MBA Platinum Plus® MasterCard® credit card with
WorldPoints® rewards is smart, simple and a great way to earn
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and service.
For information about rates, fees, other costs and benefits
associated with the use of this credit card, see
terms and conditions. This credit card program is issued and
administered by FIA Card Services, N.A.
MBA hosts Cradles to Crayons "Gear Up For Winter" Collection
This holiday season, the MBA is
joining Cradles to Crayons for "Gear Up for Winter" -- a collection
for children's coats, warm clothing and boots to help thousands of
families. Please join us in recycling children's items your
family/friends have outgrown and help make a difference. Click here for donation guidelines.
Please be sure the items are new or gently used. Items with
tears or stains can not be accepted.
Donations can be made through Wednesday, Dec. 19
at:
- MBA's Boston office, 20 West St., Boston;
- MBA's Springfield office, 73 State St., Springfield and 20 West
St., Boston;
- Denise Squillante PC, 190 Rock St., Fall River;
- Fuller, Rosenberg, Palmer & Beliveau LLP, 339 Main St.,
Worcester;
- Marcotte Law Firm, 45 Merrimack St., Lowell;
- The Law Office of Michael T. Cupoli III, 48 Central St.,
Manchester-by-the-Sea; and
- Zizik, Powers, O'Connell, Spaulding & Lamontagne PC, 690
Canton St., Suite 306, Westwood.
The MBA thanks the Young Lawyers Division for its
contributions to the "Gear Up for Winter" collection.
Section News: Upcoming meetings and special section events
Attend the Nov. 13 Labor & Employment, Health Law, Property Law and Family Law section council meetings. Participate in the Nov. 14 Individual Rights, Immigration Law, Juvenile & Child Welfare Law section council meetings and the ABA Committee on Practice and Procedures/NLRA.
Labor & Employment Section
Council meeting
Tuesday, Nov. 13, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Labor &
Employment Section Council is scheduled for Tuesday, Nov. 13 from
4:30 to 6 p.m. All section members are invited to attend.
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Health Law Section Council
meeting
Tuesday, Nov. 13, 5:15-6:45
p.m.
MBA, 20 West St., Boston
The next meeting of the Health Law
Section Council is scheduled for Tuesday, Nov. 13 from 5:15 to 6:45
p.m. All section members are invited to attend.
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Property Law Section Council
meeting
Tuesday, Nov. 13, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Property Law
Section Council is scheduled for Tuesday, Nov. 13 from 5:30 to 7
p.m. All section members are invited to attend.
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Family Law Section Council
meeting
Tuesday, Nov. 13, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Family Law
Section Council is scheduled for Tuesday, Nov. 13 from 5:30 to 7
p.m. All section members are invited to attend.
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Individual Rights &
Responsibilities Section Council meeting
Wednesday, Nov. 14, 4-5:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Individual
Rights & Responsibilities Section Council is scheduled for
Wednesday, Nov. 14 from 4 to 5:30 p.m. All section members are
invited to attend.
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Immigration Law Section Council
meeting
Wednesday, Nov. 14, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Immigration
Section Council is scheduled for Wednesday, Nov. 14 from 4:30 to 6
p.m. All section members are invited to attend.
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Juvenile & Child Welfare Law
Section Council meeting
Wednesday, Nov. 14, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Juvenile &
Child Welfare Law Section Council is scheduled for Wednesday, Nov.
14 from 5:30 to 7 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.
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