e-Journal
11-29
Featured member benefit: My Bar Access
MBA to launch interactive My Bar Access section/division pages on Monday
My Bar Access -- a new online member-to-member
community exclusive to Massachusetts Bar Association members --
will launch this Monday, Dec. 3.
A valuable member benefit, My Bar Access
transforms the way you can exchange information with fellow MBA
members by combining social networking, member-created content and
imperative bar resources, in one convenient web location. Each MBA
section and division can interact and share information through a
My Bar Access member group. These member groups
will replace the current section pages on www.massbar.org.
Instantly connect with fellow members of the bar using interactive
My Bar Access tools, including: blogs, discussions
(formerly known as listservs), resource libraries and more. In
addition to member-created content, My Bar Access
member groups offer 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. You can decide how often you wish to receive
notification of My Bar Access group activity.
Take advantage of this invaluable resource, which enables
you to connect, share and collaborate with members of the legal
community.
Look for an e-mail on
Monday, Dec. 3 with instructions about how to get started
on My Bar Access.
Photograph by
Tricia Oliver
Chief Justice of the Trial Court Robert A. Mulligan presents at the November 2012 MBA House of Delegates meeting.
Chief Justice Mulligan updates MBA delegates
The Massachusetts Bar Association House of Delegates convened
for the second time this association year at the MBA Boston offices
on Thursday, Nov. 15, 2012. Featured guest speaker for the meeting
was Chief Justice of the Trial Court Robert A. Mulligan.
Mulligan provided a cautiously optimistic update on the fiscal
health and performance of the Massachusetts Trial Court to the MBA
delegation. He explained that positions are being filled at a
modest rate following the court's $561 million allocation in the
Fiscal Year 2013 state budget. Although the years-long hiring
freeze has been lifted, the current 6,266 current Trial Court
positions represent a nearly 18 percent drop from the court's 7,629
filled positions in 2007.
He also addressed the forecasted expenses associated with the
Department of Public Health Drug Lab scandal. According to
Mulligan, the aftermath of this alleged mishandling of evidence
will cost the courts $2.96 million for the remainder of FY13 and $5
million in Fiscal Year 2014.
In addition to personnel and other core expenses, Mulligan spoke
about the court's clearance rates. A 95.6 percent clearance rate
was realized in Calendar Year 2011, while a 95.3 percent rate was
seen in CY12 (through the second quarter). In addition, since
Fiscal Year 2008, case filings have decreased by 278,562 or 21.2
percent.
Mulligan also named Greenfield and Lowell as the communities next
up to benefit from capital expenditures. The Greenfield Trial Court
is budgeted at $60 million, while the Lowell Justice Center will
cost $100 million. He also noted that Middlesex County is in need
of a county-wide capital plan, but explained that he didn't foresee
that coming into play within 10 years.
Following Chief Justice Mulligan's presentation, action taken by
the delegates at the meeting included:
Full coverage of the Nov. 15 meeting will be included in the
January 2013 issue of Massachusetts Lawyers
Journal.
MBA members are invited to the 2012 Holiday Party: Casino Royale on Dec. 13
Join tomorrow's 10th Annual In-House Counsel Conference
The Nov. 30 conference will feature 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 tomorrow, 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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Deadline extended: Nominate a colleague for an MBA Access to Justice award
Submission deadline is Monday, Dec. 10
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, Dec. 10 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.
Donate to the MBA Cradles to Crayons "Gear Up For Winter" collection
Warm clothing will be accepted through Dec. 19
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;
- Worcester County Bar Association, 370 Main St., Worcester;
and
- Zizik, Powers, O'Connell, Spaulding & Lamontagne PC, 690
Canton St., Suite 306, Westwood.
The MBA thanks the Young Lawyers Division and the WCBA for
contributing to the "Gear Up for Winter" collection.
LPM Tip
How is a lawyer like a doctor, a therapist or a golden retriever?
The other day, I was listening to an interesting podcast about
the efficacy of management consulting. Does management consulting
really have an impact on the bottom line of a business? The short
answer is "yes," although it is hard to prove. In many ways, the
same can be said for the work that lawyers do in helping their
clients to avoid risk. Most of us would agree that good
lawyers bring value to their clients, but that value can be hard to
measure.
During the podcast, one of the guests talked about how a
consultant is like a doctor, a therapist and a golden retriever.
After hearing the podcast, I realized that the same could be said
for a good lawyer. It may not always be possible to measure the
value of avoiding a risk. But a lawyer who acts like a doctor, a
therapist and a golden retriever is probably doing a good
job.
Like a good doctor, a good lawyer can connect with his/her client.
He/she understands the client's underlying needs and not simply the
client's "presenting" needs. Good lawyering involves good
professional judgment. A skilled attorney knows how to dig below
the surface to uncover the "real" issues. He/she doesn't simply
take what the client says at face value.
Like a good therapist, a good lawyer is a great listener. A good
therapist will ask a client a set of questions which helps the
client to achieve a self-discovery. Similarly, a good lawyer helps
the client to make decisions; but he/she recognizes that
ultimately, it is the client who owns the decision.
Finally, like a golden retriever, a good attorney forms trusted
relationships with his/her clients (okay, this one is a bit of a
stretch). By forming trusted relationships, a good attorney is able
to gather all of the information he/she needs from the client in
order to render good legal advice. In addition, a lawyer who builds
trusted relationships with referral sources is more successful in
growing his/her law practice.
Tip courtesy of Stephen Seckler, president, Seckler Legal
Consulting and Coaching.
Published November 29, 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.
Tell us why you belong to the MBA
Melissa Conner feels the MBA is a great resource and community. 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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Join the conversation to keep up to
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Upcoming CLE seminar and program schedule
Collecting outstanding legal fees is a proactive process. Learn various collection options and practical solutions at the Dec. 11 "Getting Paid" seminar.
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
10th Annual In-House Counsel
Conference 
Friday, Nov. 30, 8:30 a.m.-1 p.m.
MBA, 20 West St., Boston
Getting Paid
Tuesday, Dec. 11, 4-6 p.m.
MBA, 20 West St., Boston
SAVE THE DATE
How to Start and Run A Successful Solo or
Small-Firm Practice 
Thursday, Jan. 17, 9 a.m.-5 p.m.
Lombardo's, 6 Billings St., Randolph
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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.
News from the courts
Associate Court Administrator appointed; Clients' Security Board's William J. LeDoux Award honors MBA member
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Associate Court Administrator
appointed
Court Administrator Harry Spence has
appointed Christopher Fox to serve as his Associate Court
Administrator effective Monday, Nov. 19.
Fox will focus on process improvement, the use of data to enhance
court operations and other key court improvement initiatives. The
department directors in the Office of Court Management will
continue to report to Harry Spence.
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Clients' Security Board's William
J. LeDoux Award honors MBA member
On Nov. 15, Supreme Judicial Court Justice Barbara A. Lenk
presented the Clients' Security Board's William J. LeDoux award to
MBA member and Cambridge attorney Leonard A.
Frisoli. The award, established in memory of the late
William J. LeDoux, a member of the Clients' Security Board from
1987 to 1997, honors an attorney who has performed outstanding pro
bono work in representing a claimant before the board. Established
by the SJC in 1974, the Clients' Security Board is composed of
seven attorneys who serve without compensation and oversee the
disbursement of funds to clients who have been victimized by
attorney defalcation.
Section News: Upcoming meetings and special section events
Join in the Dec. 5 Law Practice Management Section Council meeting. Attend the Dec. 6 Public Law Section Council meeting.
Changes to validated parking at the Lafayette
Garage
MBA members entering the garage after 4 p.m. will now have a
maximum rate of $11 and weekday users will receive $2 off each of
the first two hours. Please bring your parking ticket with you to
the MBA for validation.
Law Practice Management Section
Council meeting
Wednesday, Dec. 5, 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, Dec. 5 from
5:15 to 6:45 p.m. All section members are invited to attend.
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Public Law Section Council
meeting
Thursday, Dec. 6, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Public Law
Section Council is scheduled for Thursday, Dec. 6 from 5:30 to 7
p.m. All section members are invited to attend.
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