e-Journal
10-11
Chief Justice Ireland speaks at the 2011 MBA Bench-Bar Symposium.
PHOTO © MIKE RITTER 2011R.S.V.P. for next week's MBA Bench-Bar Symposium
The Oct. 17 event will feature Chief Justice Roderick L. Ireland's Annual Address to the Legal Community
The Massachusetts Bar Association's Annual Bench-Bar Symposium
will feature Supreme Judicial Court Chief Justice Roderick L.
Ireland's Annual Address to the Legal Community. The event will
take place next week, on Wednesday, Oct. 17, beginning at 4 p.m. at
the John Adams Courthouse.
"We are delighted to once again provide the stage for Chief
Justice Ireland's much anticipated annual remarks," said MBA
President Robert L. Holloway Jr., who will provide welcome remarks
and introduce Ireland at the annual event.
Trial Court Administrator Lewis H. "Harry" Spence will serve as
another featured speaker at the Oct. 17 event. This will be
Spence's first public address since historic court reform led to
his hiring in April 2012 as the first non-judicial professional to
the Trial Court Department's business operations. Spence's most
immediate focus has been on a comprehensive strategic planning
process for the Trial Court launched earlier this year, work toward
updating the Trial Court's personnel policies and practices and the
development of a new capital plan for court buildings, in
coordination with the state's Division of Capital Asset
Management.
The 2011 court reform legislation split the management of the
Trial Courts between judicial and business operations, "a move that
had been championed by the Massachusetts Bar Association for
decades," said Holloway. He explained that MBA Past President and
former member of the Court Management Advisory Board Leo V. Boyle
will also provide remarks at the Oct. 17 symposium. Boyle was
instrumental in launching MBA's advocacy on court reform when he
served as president in 1990-91.
The event is FREE to attend for members of the Massachusetts
judiciary and bar; however, those interested in attending should
register as space is limited.
The speaking program will be followed by a networking
reception to begin at 4:45 p.m.
The MBA hosted a "Training Related to Dookhan and Other DPH Cases" on Wednesday, Oct. 10 at the MBA, 20 West St., in Boston.
Free MBA training seminar related to the Department of Public Health Drug Lab scandal draws crowd
Miss the seminar? View the program anytime, anywhere with MBA On Demand.
The Massachusetts Bar Association has been actively working and
meeting with state officials from the Gov. Deval L. Patrick
Administration, Attorney General's Office, courts and the Committee
for Public Counsel Services to address the ongoing issues
surrounding the Department of Public Health Drug Lab scandal.
Providing access for defense counsel, who are representing clients
in thousands of cases affected, has been the main priority of the
MBA.
The MBA hosted a special training on Wednesday, Oct. 10 to
inform members of the defense bar about the latest information on
cases emanating from the DPH/Hinton laboratory from 2003 to
the present.
If you missed the
program, click here to watch it anytime, anywhere with
MBA On Demand. All recorded MBA On Demand programs are now
available on your mobile device.
Click here for the MBA's Drug Lab Crisis Resource Center,
including materials from the training seminar.
Upcoming November Conferences
Sixth Annual Public Law Conference, Nov. 1; 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.
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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iBelong to the MBA because . . .
MBA offers unlimited section membership
As of Sept. 1, 2012, Massachusetts Bar Association members can
now take advantage of free, unlimited sections as part of your MBA
membership. With our new dues structure, all members may join as
many sections as they prefer, instead of paying to participate in
individual sections.
The MBA offers the legal community a wide array of professional
development and volunteer opportunities, networking events,
educational programs and more. 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.
LPM Tip
It’s not what you say; It’s how you say it
In my last LPM tip, I discussed the importance of
creating a clear and focused biography for your website. Similarly,
I suggested that it is also important to have a profile on LinkedIn
which communicates the same message. Deciding who you are as a
professional (and who you are not) is a critical step in trying to
differentiate yourself in a crowded marketplace. If you have a well
defined niche and you have a good strategy for keeping in touch
with your referral sources, over time, you are much more likely to
generate leads. But what happens when you have a live prospect who
is thinking about hiring you?
Being able to speak about what you do in a clear and succinct
way is also important. Someone who is thinking about buying
legal services is looking for someone they can trust. Part of that
trust comes from the belief that you have experience in helping
similarly situated clients with similar problems.
While the words you use are certainly important, your non verbal
communication is actually even more important. Does your body
language project confidence that you can help the client? Does the
tone of your voice suggest that you know what you are doing and you
have handled problems like this for many other clients?
It is well documented that your body language and the tone of your
voice communicate far more than the words that come out of your
mouth. If you make good eye contact and hold yourself in a
confident posture, you are more likely to convince a prospect to
trust you than if you are looking down or slouching. Similarly,
demonstrating that you have good listening skills is another way to
engender trust. Greet someone with a solid handshake. A limp
handshake communicates weakness. A bone cruncher communicates
insensitivity.
In short, all of these nonverbal cues will tell someone a lot more
about who you are and whether or not you are trustworthy.
In poker, there is a concept called "a tell," a nonverbal
indication that gives the other players clues about what you really
have in your hand. So like a good poker player, try to elevate your
awareness of your body gestures, the tone of your voice, how you
hold your body, and whether you are making good eye contact. Even
if you are a newer lawyer and don't necessarily feel that
confident, you can still project confidence and this will go a long
way towards helping you to get the prospect to retain you.
Tip courtesy of Stephen Seckler, president, Seckler Legal
Consulting and Coaching.
Published October 11, 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.
Photograph by
Tricia Oliver
From left to right: MBF Program Assistant Sarah A. Levy; 2012 MBF Legal Intern Fellow Rachel Smit, student at Boston University School of Law; MBF President Jerry Cohen of Burns & Levinson LLP; 2012 MBF President’s Award Recipient Lu Ann Reeb of Boston Media Group and Legal Talk Network LLC; MBF Executive Director Elizabeth M. Lynch; and MBA President Robert L. Holloway Jr. of MacLean, Holloway, Doherty, Ardiff & Morse PC.
MBF honors Lu Ann Reeb at 2012 Boston Grantee Reception
Massachusetts Bar Foundation Fellows and friends celebrated the
foundation's 2012 grantees, legal intern fellows and President's
Award recipient Lu Ann Reeb of Boston Media Group and Legal Talk
Network LLC, on Thursday, Sept. 27 at the MBA in Boston.
Through its various grant making programs, the MBF will distribute
over $2.5 million in the coming year to support programs that
either provide civil legal services to low income clients or
improve the administration of justice in the state. Last year, MBF
grantees assisted over 85,000 people in need.
MBF President Jerry Cohen began the night by applauding all in
attendance for their role in increasing access to justice in the
commonwealth and highlighting the crucial work of MBF grantee
organizations. He then invited 2012 MBF Legal Intern Fellow Rachel
Smit, a student at Boston University Law School, to share her
experience as an intern with Greater Boston Legal Services'
Employment Unit this summer. In addition to thanking the fellows in
attendance, whose contributions to the MBF made her summer
experience possible, she spoke compellingly of GBLS's critical work
assisting those who are mistreated, abused and marginalized in the
workplace.
MBF Vice President Robert J. Ambrogi introduced his friend,
colleague and 2012 President's Award recipient Lu Ann Reeb, founder
and president of Boston Media Group and Legal Talk Network LLC. The
MBF President's Award is given to individuals who have demonstrated
exemplary service to the MBF, as well as to the Massachusetts legal
community. Reeb's generous contributions of her communications
expertise and financial support make her a deserving recipient of
this award. Together with her award-winning legal media production
company, Legal Talk Network LLC, Reeb produced the MBF's powerful
45th Anniversary video in 2009 free of charge. Reeb's company was
also among the first to join the MBF's Law Firm and Corporate
Partnership Program, through which private companies contribute
financially to support the MBF's work.
"Throughout her career as a broadcast and media professional, Lu
Ann Reeb has been unwavering in her pursuit of justice. More
recently, her Legal Talk Network has fostered understanding and
discussion of critical legal issues," said Ambrogi in his
introduction.
MBA President Robert L. Holloway Jr. closed out the program with
congratulations for the attendees and appreciation for the MBF's
constituents' efforts to increase access to justice for all in the
commonwealth. Attendees enjoyed the rest of the evening catching up
with friends and colleagues over refreshments.
Visit www.MassBarFoundation.org to view photos of the
event and to
find a list of the 2012/2013 MBF grants awards.
Upcoming CLE seminar and program schedule
Join in the Oct. 24 "New Massachusetts Uniform Trust Code" seminar for an in-depth examination of the MUTC.
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 OCTOBER PROGRAMS
Juvenile
& Child Welfare Legal Chat Series 
Friday, Oct. 19, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.
The New
Massachusetts Uniform Trust Code
Wednesday, Oct. 24, noon-4 p.m.
MBA, 20 West St., Boston
22nd Annual Family Law Conference 
Friday, Oct. 26-Saturday, Oct. 27
Cranwell Resort, Spa & Golf Club, 55 Lee Road, Lenox
SAVE THE DATE
Sixth Annual Public Law
Conference
Thursday, Nov. 1, 9 a.m.-2 p.m.
MBA, 20 West St., Boston
11th
Annual Western Massachusetts Bankruptcy
Conference
Thursday, Nov. 8, 4-7 p.m.
Western New England University School of Law, 1215 Wilbraham Road,
Springfield
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 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
Vacancies on the Clients' Security Board; Mulligan appoints Carroll to the Commission on Judicial Conduct; Amendment to SJC Rule 3:03
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Vacancies on the Clients' Security
Board
The Justices of the Supreme Judicial
Court invite applications for appointment to the Clients' Security
Board. Two vacancies will occur on the board in December 2012, due
to the expiration of terms of incumbent members.
Under S.J.C. Rule 4:04, the board manages the fund used to
discharge the bar's collective responsibility with respect to
losses caused to the public by defalcations of members of the bar.
For these vacancies, the justices are seeking applications from
experienced attorneys who are trial lawyers with experience in
personal injury and attorneys who practice in the area of trusts
and estates.
Resumes, with a cover letter, should be submitted by Friday, Oct.
19, 2012, to:
Pamela B. Lyons, administrative
attorney
Supreme Judicial Court
John Adams Courthouse, Suite 2500
One Pemberton Square
Boston, Massachusetts 02108
(617) 557-1071
[e-mail Pamela.Lyons]
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Mulligan appoints Carroll to the
Commission on Judicial Conduct
Chief
Justice of the Trial Court Robert A. Mulligan has announced the
appointment of John J. Carroll Jr. of Lincoln to the Commission on
Judicial Conduct, effective Nov. 1, 2012. The term will expire on
Oct. 31, 2018. Carroll has served as an alternate member of the
Commission on Judicial Conduct since 2008.
The Commission on Judicial Conduct, established in 1978,
investigates allegations of misconduct by state judges. Pursuant to
G.L.c. 211, §1, three judges are appointed by the justices of the
Supreme Judicial Court; three attorneys are appointed by the chief
justice of the trial court; and three lay persons are appointed by
the governor to six-year terms.
Carroll has been an attorney at
Meehan, Boyle, Black & Bogdanow PC in Boston since 1985.
Previously, he practiced law at Parker, Coulter, Daley & White
in Boston for five years. Earlier in his career he was an attorney
with Legal Services, first in South Dakota, then in the Greater
Boston and Merrimack Valley offices.
A former Massachusetts Bar Association House of Delegates,
Executive Management Board and Governance Committee member, Carroll
received the 2008 Massachusetts Bar Foundation's President's Award.
In addition, Carroll served as a hearing officer for the Board of
Bar Overseers from 2001 to 2007.
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Amendment to SJC Rule 3:03
The Supreme Judicial Court has approved changes to Rule 3:03 of
the Rules of the Supreme Judicial Court effective Monday, Oct. 15,
2012.
Click here to view the rule change.
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Section News: Upcoming meetings and special section events
Attend the Oct. 15 Civil Litigation Section Council meeting. Join in the Oct. 16 Labor & Employment, Criminal Justice, General Practice and Property Law section council meetings. Probate Law and the Young Lawyers Division will hold meetings on Oct. 18.
Civil Litigation Section Council
meeting
Monday, Oct. 15, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Civil
Litigation Section Council is scheduled for Monday, Oct. 15 from 5
to 6:30 p.m. All section members are invited to attend.
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Labor & Employment Section
Council meeting
Tuesday, Oct. 16, 4:30-6
p.m.
MBA Western Mass. Office, 73 State St., Springfield
The next meeting of the Labor &
Employment Section Council is scheduled for Tuesday, Oct. 16 from
4:30 to 6 p.m. All section members are invited to attend.
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Criminal Justice Section Council
meeting
Tuesday, Oct. 16, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Criminal
Justice Section Council is scheduled for Tuesday, Oct. 16 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, Oct. 16, 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, Oct. 16 from 5:30 to 7 p.m. All section members are
invited to attend.
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Property Law Section Council
meeting
Tuesday, Oct. 16, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Property Law
Section Council is scheduled for Tuesday, Oct. 16 from 5:30 to 7
p.m. All section members are invited to attend.
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Probate Law Section Council
meeting
Thursday, Oct. 18, 5-6:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Probate Law
Section Council is scheduled for Thursday, Oct. 18 from 5 to 6:30
p.m. All section members are invited to attend.
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Young Lawyers Division Board
meeting
Thursday, Oct. 18, 6-7:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Young Lawyers
Division Board is scheduled for Thursday, Oct. 18 from 6 to 7:30
p.m. All section members are invited to attend.