e-Journal
11-15
CSB awards $2.1 million worth of claims in FY12
The Massachusetts Clients' Security Board -- established nearly
40 years ago to compensate clients for damages resulting from
unethical legal practice -- issued its Annual Report last month. A
total of $2.1 million was awarded to 86 claimants in fiscal year
2012 (9/1/11-8/31/12). Half of the FY12 awards was issued due to
three attorneys, two of whom have been disbarred and one of whom is
deceased.
The board has seen for many years a similarly low percentage of
lawyers being responsible for all of the awards made. "This
reinforces that the majority of lawyers are trying to do the right
thing for their clients in a highly ethical manner," said CSB Chair
John J. Egan.
Only 43 out of the state's 56,279 attorneys are responsible for
the thefts that resulted in the $2.1 million worth of awards. Those
practitioners represent .1 percent of all lawyers in the
commonwealth. Awards in FY12 ranged in value from $381.92 to
$305,056.67 and trust and estate clients received the largest share
of the CSB's payouts -- $1 million. In FY11, 63 claimants received
awards totaling roughly $60,000 less than the FY12 awards.
The Clients' Security Board was established by the Supreme
Judicial Court in 1974 for the purpose of full restitution to
clients whose in-state attorneys misappropriated their money or
property.
"Public confidence in our profession rests on a stool. The
Clients' Security Board represents the third leg of that stool,
alongside the Bar Counsel and the Board of Bar Overseers," said
former MBA Business Law Chair Francis C. Morrissey, who has served
on the CSB since 2010.
The CSB is funded through a portion of Massachusetts attorneys'
annual licensing fee. Board members serving five-year terms and
those attorneys who represent claimants in front of the board may
not be compensated for their counsel, per court rule.
According to Egan, board members realize that they represent the
client's first interaction with the bar following a horrible
experience with an unethical practitioner. Egan writes in his
opening letter in the CSB FY12 Annual Report, "We continue to find,
in addition to addressing a client's monetary loss, an expression
of apology to the client for his or her experience is very
important. We are the first representatives of the organized Bar
they encounter. Clients are also very impressed by the fact that
any awards come only from funds paid by members of the Bar, and no
public funds are involved."
"These points often get lost in the economics, but I find they
resonate with the claimants and I hope begin to reinforce to them
that they experienced an aberration not reflective of all the
decent able members of the bar," said Egan, who is currently
fulfilling his last in a five-year appointment on the CSB.
Fellow board members of Egan and Morrissey include Michelle M.
Porter (vice chair); Denzil D. McKenzie (treasurer); Edward S.
Cheng (secretary); D. Ethan Jeffery; and Joseph H. Baldiga.
MBA members are invited to the 2012 Holiday Party: Casino Royale on Dec. 13
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.
SJC issues standing order in Department of Public Health Drug Lab scandal
Effectively immediately, the Supreme Judicial Court has issued
an order to facilitate the handling of matters related to
allegations of misconduct at the William A. Hinton State Laboratory
Institute.
To further the expeditious handling of such matters, and
notwithstanding any provisions to the contrary in any rule of court
or standing order, it is ORDERED that a chief justice of a trial
court department may assign for all purposes, including
disposition, any post conviction motion in which a party seeks
relief based on alleged misconduct at the Hinton State Laboratory
to any judge of that trial court department.
The assigned judge may reassign the motion to the original trial
judge where the interests of justice require.
Click here for the MBA's Drug Lab Crisis
Resource Center.
Nominate a colleague for an MBA Access to Justice award
Submission deadline is Monday, Nov. 26
The MBA is accepting nominations for the 2012-2013
Access to Justice Awards.
To nominate and recognize an unsung hero of the legal profession
or a law firm that has made a significant difference for low income
litigants interfacing with the justice system, submit your
nomination by 5 p.m. on Monday, Nov. 26 to:
Massachusetts Bar Association
Access to Justice Awards
20 West St., Boston, MA 02110
We encourage nominations from local and affiliated bar
associations, government agencies and/or legal services
organizations.
Click here for a nomination form.
Join the MBA's Member-Get-A-Member campaign
Refer a colleague and be rewarded.
Join in the Massachusetts Bar Association's
Member-Get-a-Member campaign. As a current member, you are the
greatest testimony to the value of an MBA membership and we ask for
your participation in recruiting at least one new member this
association year.
Take this opportunity to help expand the MBA's network of legal
professionals statewide and strengthen our association's preeminent
voice in the legal profession. Share your personal and professional
MBA experiences and why you belong to the MBA with a colleague and
be rewarded. See why
others belong.
For every new member you recruit, you will be entered into
our raffle for the following prizes:
- Grand prize: $500 AMEX gift card
- Second prize: $250 AMEX gift card
- Third prize: $100 AMEX gift card
To be eligible, you must be identified as the source of the
referral on the membership application.
Featured member benefit: MBA Celtics Dinner Packages
If you're looking to impress your clients or friends, purchase a
Celtics Dinner Package.
Your group will be treated to a pre-game dinner at a TD Garden
restaurant and four great seats to a sold-out game. Plus, you can
surprise your guests with a pre-game photo at Center Court.
Click here to see the schedule and pricing for
dinner packages.
Packages start at $1,200 (four tickets) and pricing varies based
on location and opponent. To discuss available packages,
contact the Premium Sales Department at
866-4CELTIX or [e-mail premiumsales] .
LPM Tip
Accessing power off the grid: In the event of a blackout . . .
Nope. I'm not talking about battery backups . . . though, those are fine
things, if you've ever thought that your computer has everything it
needs except for the generator.
Nope. When I don't have electrical power, I don't feel the urge to
get back online . . . and, while refrigeration is a real good
thing, there's
something to be said for warming a can of beans the old-fashioned way.
Like many others, I was left without electrical power following
superstorm Sandy . . . frankly, it was splendid.
Based on my recent experience, here are some useful things you can
do to remain productive . . . even without your computer:
- Create a to-do list. You'll likely be
surprised about the projects you leave off . . . not that you
should avoid doing the things you can't list without the aid of
your task bar; but, this is an interesting exercise to determine
which projects are really meaningful to you, based on a
determination of how memorable they are.
- Brainstorm new projects. Our worklives are
mostly taken up with multi-tasking, by which we're able to put out
the daily flashfires, rather than starting them. Free your mind from that mess, and concentrate
more deeply on potential projects, in order to engage really useful
endeavors that will actually be memorable . . . for the
next time you write out your to-do list during a blackout.
- Reduce your piles. What better time to wade
through your paper files/work/documents (to the extent you have
them anymore) than when you have nothing better to do? Because
you're not getting to it at any other time . . .
- Work on your elevator speech(es). You've got a
mirror. You've got a candle. You've got quiet. Why not spend some
time tweaking your elevator pitches, to potential clients and
referral sources? In theory, you won't need to type out the final
product, since you'll need to have it down cold for when you deliver it. No keyboard? No
problem.
- Play a board game. If Neil Patrick Harris is into board games, then
so am I. Spend some time with your friends and/or family, by
organizing an impromptu game night with your household. It'll improve
your state of mind, and you'll approach the bulk of your work with
a fresher mindset, when it is that you get back to it.
My job often breaks down to telling attorneys how they can best
utilize technology to manage their businesses . . . but, it's
surprising just how much you can still do, offline.
The epilogue to Ralph Ellison's 'Invisible Man' can be read, in
part, as a requiem for the virtues of isolation in modern society.
But, I won't ruin it for you . . .
Of course, I have the luxury of creating simple diversions for
use during a minor power outage (mine was 24 hours), because
Massachusetts was left mostly unaffected by the recent
storms. If you wish to donate to those who are still
experiencing, and will continue to experience, serious
ramifications from superstorm Sandy, you can give to the Red Cross via
this portal.
Tip courtesy of Jared Correia, Law Office Management Assistance
Program.
Published November 15, 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.
Top: One Tiered Community Mentoring Program Career Day breakout session includes (from left to right seated at table): Rachael Rollins, general counsel, MassDOT; the Hon. Diana Maldonado, first justice, Chelsea District Court and Jerry Slater, assistant dean, Office of Professional and Career Development, Suffolk University Law School.
Bottom: Presenters for this Career Day breakout session include (from left to right seated at table): U.S. Marshal John Gibbons, U.S. Marshal Service; David S. Bell, special agent, FBI Public Corruption / Civil Rights Unit and Joseph Iannaccone, special agent, Department of Homeland Security.
MBA's Tiered Community Mentoring Program offers a Career Networking and Law Day event
On Thursday, Nov. 8, the MBA's Tiered Community Mentoring
Program offered a Career Networking and Law Day event for all
mentors and mentees at New Mission High School in Hyde Park.
This innovative mentoring program, in its fourth year, matches
selected students interested in law-related careers with an
attorney mentor. Over the course of the year, students from New
Mission High School, Roxbury Community College and Suffolk
University Law School have had the opportunity to meet accomplished
professionals as well as attend court proceedings and bar
association events to learn networking skills.
This year's event included 11 representatives in the field of
law with various criminal justice and legal backgrounds. The
professionals were broken into four separate groups. Every 15
minutes, the attendees were asked to move to a different group of
professionals. This gave the mentees and mentors the opportunity to
speak with each of the presenters.
The MBA was honored to have so many professionals attend and
present at this program. Presenters included:
- Roseanne Barrows, lieutenant, Suffolk County Sheriff's
Department
- David S. Bell, special agent, FBI Public Corruption / Civil
Rights Unit
- Jeremiah Benton, detective, Boston Police Department Homicide
Unit
- Milton Britton, Jr., acting chief of probation, Norfolk County
Superior Court
- Eddy Chrispin, academy instructor, Boston Police
Department
- Claudine Demesmin, probation officer, Norfolk County Probate
and Family Court
- John Gibbons, U.S. Marshal, U.S. Marshal Service
- Joseph Iannaccone, special agent, Department of Homeland
Security
- The Hon. Diana Maldonaldo, first justice, Chelsea District
Court
- Rachael Rollins, general counsel, MassDOT
- Jerry Slater, assistant dean, Office of Professional and Career
Development, Suffolk University Law School
Massachusetts Bar Foundation News
MBF Fellows Fund in action; MBF seeks new Fellows
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MBF Fellows Fund in
Action
Summer may feel like a
long time ago, but the experiences of the Massachusetts Bar
Foundation's 2012 Legal Intern Fellows remain fresh. Julia Hall,
Rachel Smit and Kristen Wekony spent their summers interning at
legal services organizations, providing direct legal services to
vulnerable and indigent clients. The MBF is so grateful for their
work and hope you will enjoy reading about their experiences.
The MBF thanks its Fellows, and the Smith Family Fund, whose
contributions funded these opportunities.
Click here to read a summary of Hall, Smit and
Wekony's internship reports.
Photo (from left to right): Rachel Smit, Kristen Wekony and
Julia Hall celebrate the summer's accomplishments at this fall's
Boston MBF Grantee Reception.
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MBF seeks new Fellows
The MBF believes you will find your foundation
involvement as rewarding as the current Fellows do.
"Frankly, for every hour or dollar I've put into the [MBF grant
review] process, I've gotten far more back in terms of experience,
satisfaction, and an appreciation for the work that needs to be
done to fulfill the promise of justice."
-- Robert A. Bertsche of Prince, Lobel & Tye LLP
Upcoming CLE seminar and program schedule
Register for the Nov. 30 "10th Annual In-House Counsel Conference," for remarks from Lauren Stiller Rikleen, an update on the BLS Pilot Project, current cyber-security issues, best practices in insurance planning 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
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.
Section News: Upcoming meetings and special section events
Join in the Nov. 20 Criminal Justice and General Practice section council meetings. Attend the Nov. 26 Civil Litigation Section Council meeting. Participate in the Nov. 27 Access to Justice and Business Law section council meetings. Judicial Administration and Taxation Law have section council meetings on Nov. 28.
Criminal Justice Section Council
meeting
Tuesday, Nov. 20, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Criminal
Justice Section Council is scheduled for Tuesday, Nov. 20 from 5:30
to 7 p.m. All section members are invited to attend.
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General Practice, Solo &
Small-Firm Section Council meeting
Tuesday, Nov. 20, 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, Nov. 20 from 5:30 to 7 p.m. All section members are
invited to attend.
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Civil Litigation Section Council
meeting
Monday, Nov. 26, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Civil
Litigation Section Council is scheduled for Monday, Nov. 26 from 5
to 6:30 p.m. All section members are invited to attend.
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Access to Justice Section Council
meeting
Tuesday, Nov. 27, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Access to
Justice Section Council is scheduled for Tuesday, Nov. 27 from 6 to
7:30 p.m. All section members are invited to attend.
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Business Law Section Council
meeting
Tuesday, Nov. 27, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Business Law
Section Council is scheduled for Tuesday, Nov. 27 from 6 to 7:30
p.m. All section members are invited to attend.
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Judicial Administration Section
Council meeting
Wednesday, Nov. 28, 4-5:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Judicial
Adminstration Section Council is scheduled for Wednesday, Nov. 28
from 4 to 5:30 p.m. All section members are invited to attend.
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Taxation Law Section Council
meeting
Wednesday, Nov. 28, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Taxation Law
Section Council is scheduled for Wednesday, Nov. 28 from 5 to 6:30
p.m. All section members are invited to attend.
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