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Top: MBA 2012-13 President Robert L. Holloway Jr. speaks at his Sept. 13 President's Reception.

Middle (from left to right): MBA Treasurer Marsha V. Kazarosian, MBA Vice President Robert W. Harnais, MBA COO and Chief Legal Counsel Martin W. Healy, MBA Secretary Martha Rush O'Mara, MBA President Robert L. Holloway Jr., MBA President-elect Douglas K. Sheff and MBA Vice President Christopher P. Sullivan at the Sept. 13 President's Reception.

Bottom: MBA President Robert L. Holloway Jr. (middle) celebrates the start of his presidential term with his family.

Photos by Jeff Thiebauth.

New MBA year and president Holloway celebrated at opening reception

A night of great music and warm revelry welcomed Massachusetts Bar Association President Robert L. Holloway Jr. as more than 100 colleagues and friends gathered at the RegattaBar at the Charles Hotel on Sept. 13 in Cambridge to celebrate the opening of the 2012-13 association year.

Following a jazz and blues infused set from a band of musicians that included Holloway's friends, President-elect Douglas K. Sheff offered a retrospective introduction of the MBA's newest president, eliciting hearty laughter from the crowd.

Including photos from his time as a rugby player at Amherst College, Sheff regaled the group with vignettes from Holloway's life as a sportsman, musician, family man and lawyer.

"When Holmes and Brandeis started the MBA 101 years ago, they wanted to create a diverse membership," Sheff said. "So it makes sense that the president of our great organization should be well-rounded, versatile and able to lead such a diverse membership."

The MBA's membership and education programming will be the central focus of Holloway's year, which he hopes will be a year of coming together. "We're all in this profession together. We're all in this society together," Holloway said. "That's what we're committed to," he said of the officers and himself, "working together to address the issues of our profession."

Click here to view reception photos.


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


Bench-Bar Symposium to feature Chief Justice Ireland’s Annual Address

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 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.  Ireland's 2012 address will be his second, following his inaugural State of the Judiciary delivered in fall 2011. Ireland was sworn-in as chief justice in December 2010.

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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MBA Policy and Operations Director Lee Ann Constantine.

Constantine named new MBA Policy and Operations Director

Lee Ann Constantine has been named the MBA's new Policy and Operations Director. Previously serving as the MBA's Legislative Activities Manager, Constantine has served the MBA in various roles since 1998. In her new position, Constantine takes on an expanded role as a liaison to the MBA's key contacts in the legislative, judicial and executive branches of government. She will continue to play an important administrative role as she works with the MBA's volunteer leadership on shaping the association's policies and positions as it anticipates and responds to critical issues of high relevance and impact on the Massachusetts legal community.

As Constantine joins the MBA's senior management team, she will continue to report to Chief Legal Counsel and Chief Operating Officer Martin W. Healy.

"Lee's institutional knowledge and professional acumen are beneficial additions to the association's senior staff," said Healy. "Since her start with the MBA nearly 15 years ago, she has proven to be an increasingly valuable asset to the MBA's legislative activities department and the association as a whole."

Constantine began her newly expanded role on Sept. 1.

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Legislative News

DPH Drug Laboratory information

The Massachusetts Bar Association has been asked by the Commonwealth of Massachusetts Executive Office of Public Safety and Security to inform the criminal bar of critical information in the wake of the news of wrongdoing by a former chemist at the Department of Public Health's Drug Laboratory at the Hinton State Laboratory Institute in Jamaica Plain. The following links are to an important practice alert and a related non-disclosure and attestation form.

To view the practice alert, click here.
To view the form, click here.


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Featured member benefit: Casemaker upgrade provides state-of-the-art search capabilities

Belong to the MBA and save hundreds of dollars every month on legal research

Casemaker has released the newest version of its legal research software, which provides users with state-of-the-art search capabilities and more.

Unlimited Casemaker use is provided to you FREE as a member of the Massachusetts Bar Association, which saves you hundreds of dollars every month in legal research.

New Casemaker features include:

  • A Universal Search Bar: The Casemaker search bar appears at the top of every page, for your convenience.  Modeled after Google's familiar search, Casemaker now allows for faster search results via a more intuitive interface.
  • Organization: Casemaker offers a personalized search history, which allows you to save and reuse your research.
  • Consolidation: You can save research in folders organized your way.

To access Casemaker, go to www.massbar.org/Casemaker.

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MBA member Reynolds wins iBelong raffle

Tell us why you belong today

MBA member Kathleen B. Reynolds has been selected as the winner of the MBA's iBelong raffle. Reynolds, who shared by email why she belongs to the MBA, has received a free pass to a continuing legal education session of her choice, excluding conferences, during the 2012-13 association year.

"I belong to the MBA because it offers many benefits: Casemaker, LRS, CLEs and other terrific resources. The staff members are abundantly helpful, courteous, promptly responsive and respectful. I have considered joining other bar associations (women's, county, etc.), but find the MBA offers everything I need and then some. Keep up the great work!"

-- Kathleen B. Reynolds, Black & Vitelli LLC, MBA Member since 2008

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Group Psychology: Focus groups can help attorneys launch marketing projects

Companies use focus groups all the time, in order to test and refine products and product offerings for the market. Most of the time, this strategy works out quite well -- sometimes, less well: notable exceptions being made for brownies, candy bars and whatever product development team greenlighted the Edsel.

Many attorneys, especially solo attorneys, get boxed into their original ideas, which remain unrefined by constructive feedback. But, it is the rare idea that is perfect from its embryonic state (though, I think, replacing hamburger buns with donut halves is pretty close), such that almost every product/product offering could likely be improved with honest and germane input. If you think of your pricing and service offering as products that you sell (which you should), the efficacy of using focus groups to refine lawyers' 'products' becomes more obvious.

When you think about it, this is not all that much different from what you do when you access your mentors: you're sourcing a group (preferably) of colleagues to get useful pointers respecting case-specific or general business strategy.

In addition to making you think more fully about what you're doing, and offering you starting points for tweaking your sales pitches (pricing, service; the comprehensive elevator speech) utilizing focus groups can offer these specific advantages:

  • You're allowed an advance preview of consumer reaction -- and, you can always test your jokes. (It's a good idea to include laypersons, who are trusted advisors, in your focus groups (when client confidentiality is not at issue), in order to gain a better sense of a client or potential client's possible sense of what you'd be offering them.)
  • A more relaxed trial atmosphere (think: spring training) in which to get the kinks out. (This is also a good time to develop feedback surveys, and to gain perspective on whether you're asking the right sorts of questions.)
  • Picking up verbal, body language and other cues is an important skill for anyone to have; but, this is especially so for business people, who are far more successful when they can pinpoint personal needs and provide solutions that answer for same. Your use of focus groups can be an effective method to test your ability to pick up these cues . . . because you can ask the group participants if you were right about what you were anticipating.

So, if you've got a seminar series to launch, or if you're tweaking your pricing model or adding a new service offering, consider utilizing a focus group, in order to get yourself ready for launch. Just keep in mind that folks are busy; and, if you want them to serve as focus group members . . . you may just have to buy them lunch. Might I suggest the following?

Tip courtesy of Jared Correia, Law Office Management Assistance Program.

Published September 20, 2012


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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News from the courts

Massachusetts Court System FY 2011 Annual Report released; Carey reappointed chief justice of the Probate & Family Court


Massachusetts Court System FY 2011 Annual Report released

Click here to view the submitted Annual Report on the State of the Massachusetts Court System for Fiscal Year 2011.


Carey reappointed chief justice of the Probate & Family Court

CareyTrial Court Chief Justice Robert A. Mulligan has announced the reappointment of Chief Justice Paula M. Carey of the Probate and Family Court to a second five-year term in accordance with G.L. c211B, §5. Carey's new five-year term will commence on Sept. 27, 2012.

Carey was appointed as a judge in the Probate and Family Court in 2001. In 2004 the Massachusetts Judges Conference presented her with a Judicial Excellence Award and in 2006, she received the Daniel J. Toomey Judicial Excellence Award from the Massachusetts Bar Association. Other awards include the Distinguished Jurist Award from the Mass. Association of Women Lawyers (2009), Boston Bar Association Citation of Excellence (2011), Middlesex Bar Association Distinguished Jurist Award (2011) and the Haskell Freedman Award of the Mass. Academy of Matrimonial Lawyers (2011).

The Probate and Family Court Department is comprised of 14 divisions with 51 authorized judicial positions across the commonwealth. The Massachusetts Trial Court includes seven court departments with 380 judges who deliver justice to thousands of people daily in 101 courthouses across the state.


Upcoming CLE seminar and program schedule

Learn why the iPad is quickly becoming the trial technology tool of choice at the Sept. 25 "iPad for Litigators" seminar.

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.


How to Start and Build a Successful Immigration Law Practice Live program
Friday, Sept. 21, 9 a.m.-3 p.m.
MBA, 20 West St., Boston

iPad for Litigators Live program
Tuesday, Sept. 25, 4-6:30 p.m.
MBA, 20 West St., Boston

Representing the OUI Client
Wednesday, Sept. 26, 4-7 p.m.
Massachusetts School of Law, 500 Federal St., Andover

Considering, Preparing and Conducting Mediation and Arbitration Hearings
Tuesday, Oct. 2, 4-7 p.m.
Western New England University School of Law, 1215 Wilbraham Road, Springfield

Managing Your Work Search Process -- Networking
Wednesday, Oct. 3, 10 a.m.-noon
MBA, 20 West St., Boston

Making Your Job Easier with ADR
Thursday, Oct. 4, 5:30-7:30 p.m.
Boston College Law School, 885 Centre St., Newton


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


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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Section News: Upcoming meetings and special section events

Attend the Sept. 24 Individual Rights, Property Law and Access to Justice section council meetings. Join in the Sept. 25 Business Law Section council meeting. Register for the Sept. 27 Criminal Section Council meeting and the Labor & Employment open meeting on MCAD's ADR initiative. Assist the Probate and Family Court by attending the Oct. 5 Conciliation Training.

Individual Rights & Responsibilities Section Council meeting

Monday, Sept. 24, 4-5:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Individual Rights & Responsibilities Section Council is scheduled for Monday, Sept. 24 from 4 to 5:30 p.m. All section members are invited to attend.

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


Property Law Section Council meeting

Monday, Sept. 24, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Property Law Section Council is scheduled for Monday, Sept. 24 from 5:30 to 7 p.m. All section members are invited to attend.

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


Access to Justice Section Council meeting

Monday, Sept. 24, 6-7:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Access to Justice Section Council is scheduled for Monday, Sept. 24 from 6 to 7:30 p.m. All section members are invited to attend.

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


Business Law Section Council meeting

Tuesday, Sept. 25, 6-7:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Business Law Section Council is scheduled for Tuesday, Sept. 25 from 6 to 7:30 p.m. All section members are invited to attend.

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


Criminal Justice Section Council meeting

Thursday, Sept. 27, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Criminal Justice Section Council is scheduled for Thursday, Sept. 27 from 5:30 to 7 p.m. All section members are invited to attend.

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


Labor & Employment Section open meeting

MCAD announces new ADR initiative -- keeping your options open
Thursday, Sept. 27, noon-2 p.m.
MBA, 20 West St., Boston

The Massachusetts Commission Against Discrimination has announced a new alternative dispute resolution initiative which will impact all practitioners who appear before the commission. You are cordially invited to attend the Labor & Employment Section open meeting on Thursday, Sept. 27 regarding the commission's Collaborative Law Pilot Project. The panel will include:

  • Moderator John F. Tocci, Tocci Goss & Lee PC;
  • Commissioner Sunila Thomas-George, MCAD;
  • Linda Cohan, MSW, CSC; and
  • Michael A. Zeytoonian, Esq., Zeytoonian Center for Dispute Resolution LLC.

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


Conciliation Training

Friday, Oct. 5, 8:30 a.m.-5:30 p.m.
Boston Bar Association, 16 Beacon St., Boston

Are you wondering how you may assist the Probate and Family Court at a time when budgetary constraints and staffing shortages create particular challenges, while simultaneously learning skills that may expand and grow your law practices at little or no cost to you?

The Massachusetts Bar Association and Boston Bar Association cordially invite family law practitioners with at least five years of domestic relations experience to participate in a conciliation training at the BBA, 16 Beacon St., Boston on Friday, Oct. 5 from 8:30 a.m. to 5:30 p.m.

Presenters include:

  • Hon. Robert W. Langlois (ret.)
  • Fran Giordano, Esq.
  • Lloyd Godson, Esq.
  • Geraldine McEvoy, Esq.
  • Eugene Nigro, Esq.
  • Joanne Romanow, Esq.
  • Victoria Rothbaum, Esq.
  • Gayle Stone-Turesky, Esq.

At this program, you will become certified as a conciliator, enabling you to be placed on the Probate and Family Courts' list of trained conciliators. Attendance at the program is FREE, except for the fees associated with materials if you do not print them out yourself.

In exchange, you will be asked to commit to volunteering for at least one day at the Probate and Family Court as a conciliator or for a "conciliation" project such as the pilot program at the Suffolk Probate and Family Court.

There are limited spots left to participate in this unique opportunity, so please respond quickly if you wish to attend. Participants will be able to attend on a first come, first serve basis.

If you are already a trained conciliator and are interested in volunteer conciliation opportunities, please contact the Boston Bar Association's Family Law Steering Committee. Registration is required to attend.

To R.S.V.P., [e-mail jjones].



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