e-Journal

10-11

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Chief Justice Ireland speaks at the 2011 MBA Bench-Bar Symposium.

PHOTO © MIKE RITTER 2011

R.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.

Click here to R.S.V.P.

The speaking program will be followed by a networking reception to begin at 4:45 p.m.

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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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In House Counsel Conference

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.

Join button

LPM Tip

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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.
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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.

CLE Heading

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 program Recorded session available for purchase after live program through MBA On Demand.

Live program Real-time webcast available for purchase through MBA On Demand.

UPCOMING OCTOBER PROGRAMS

Juvenile & Child Welfare Legal Chat Series Live program
Friday, Oct. 19, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.

The New Massachusetts Uniform Trust Code Live program
Wednesday, Oct. 24, noon-4 p.m.
MBA, 20 West St., Boston


22nd Annual Family Law Conference
Recorded program
Friday, Oct. 26-Saturday, Oct. 27
Cranwell Resort, Spa & Golf Club, 55 Lee Road, Lenox

SAVE THE DATE

Sixth Annual Public Law Conference Live program
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 Live program
Friday, Nov. 30, 9 a.m.-2 p.m.
MBA, 20 West St., Boston

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MBA On Demand

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.

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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


Carroll JohnChief 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.

To R.S.V.P., click here.

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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.

To R.S.V.P., click here.

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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.

To R.S.V.P., click here.

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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.

To R.S.V.P., click here.

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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.

To R.S.V.P., click here.

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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.

To R.S.V.P., click here.

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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.

To R.S.V.P., click here.

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