e-Journal

01-10

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Top, left: MBA President Robert L. Holloway Jr. and BBA President James D. Smeallie.
Top, right: Superior Court First Justice John T. Lu speaks as Rep. John D. Keenan (left) and Trial Court Chief of Staff Robert Panneton (right) listen.
Middle (left to right): MBA Director of Policy and Operations Lee Ann Constantine; MBA President Robert L. Holloway Jr.; Sen. Joan Lovely; and Trial Court Administrator Harry Spence.
Bottom, left: Salem District Court Clerk Brian Lawlor.
Bottom, right: Trial Court Administrator Harry Spence addresses meeting attendees.

Photos by Jeff Thiebauth.

Bar and court leaders talk funding with legislators in Salem

Leaders of the Massachusetts Bar Association, Boston Bar Association and Trial Court coordinated an informational meeting with Essex County legislators at the Salem District Court on Monday, Jan. 7. The gathering was an opportunity to depict the local impact experienced from court funding cuts.

Following introductory remarks from bar leaders and Trial Court Administrator Harry Spence, clerks, judges and others based in the Salem courthouse spoke to the reality of understaffed departments.

MBA President Robert L. Holloway Jr. and BBA President James D. Smeallie spoke to the need for adequate funding of the courts, as the third branch of government.  "The MBA and BBA have been working mightily to make sure that happens," said Holloway.

Spence described the court staffing of 6,300 personnel as "simply not enough" given the workload. That theme was reinforced by other court leaders who shared their perspective. Salem District Court Clerk Brian Lawlor said, "The wave is continually coming in and there hasn't been much relief….good times will hopefully be coming."

Spence noted the further delays experienced due to pro se litigants. "A confused self-represented litigant is a delay in the process," he said. In an attempt to ease such delays, Spence announced the roll out of court service centers, a pilot initiative to better address the needs of pro se litigants.

Spence ended the speaking portion of the gathering by thanking the attending legislators for their work on appropriating FY13 funds to the court, explaining that because of their support, the courts will not have to reinforce the years-long hiring freeze.

Legislators in attendance at the meeting included Representatives John D. Keenan (D-Salem), Lori A. Ehrlich (D-Marblehead), Theodore C. Speliotis (D-Danvers), Jerald A. Parisella (D-Beverly) and Senators Kathleen O'Connor Ives (D-Newburyport) and Joan Lovely (D-Salem).

Register for next week's "How to Start and Run a Successful Solo or Small-Firm Practice" conference

Attend the Jan. 17 program for a comprehensive overview on operating your own firm.

2013 How to Start and Run

Do you dream of starting your own practice? Have the recent law firm mergers and shifts affected you? Are you reevaluating your career and thinking about striking out on your own? Have you been recently admitted to the bar and have a plan to go straight into your own practice? "How to Start and Run a Successful Solo or Small-Firm Practice" is a comprehensive, nuts-and-bolts seminar about how to set up and operate your own firm.

Attended, literally, by thousands, this lively program, which has been one of the most popular and valuable MBA seminars to date, includes a working, networking lunch for a chance to meet with colleagues who can help get you started.

Our faculty of experienced, successful lawyers will provide guidance and insight on every aspect of starting a law firm while sharing practice pointers on growing their own firms.

A networking reception will follow this incredible program allowing you to continue to meet and mingle with colleagues. Complimentary appetizers, beer and wine will be served.

Program highlights include:

  • The mechanics of setting up your firm;
  • The mechanics of running your firm;
  • The essentials of marketing; and
  • Putting it all together.

Click here to register and for a full list of faculty.

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Join the My Bar Access online community

Connect, share and collaborate with fellow MBA members.

The Massachusetts Bar Association has launched My Bar Access, which replaces the section/division portion of the MBA website. Visit http://access.massbar.org/ today to join the conversation.

Check out blog posts on:

  • "Understanding your marketing funnel;" and
  • An article in the Patriot Ledger about "MBA Vice President Robert W. Harnais's drunk driving mock trial before 500 students and attendees."

Participate in ongoing member group discussions on:

  • The proposed section name change for the Property Law Section; and
  • Information on the upcoming Jan. 15 "Getting Paid" seminar, which will outline how to collect outstanding legal fees now that written fee agreements are mandatory.

The following simple steps can instantly connect you with fellow members:

  1. Login and agree to terms: Sign in using your MBA user name and password and sign the Code of Conduct.
  2. Create your profile and settings: Include your bio and photo and customize the frequency and format of your notifications (your profile info from LinkedIn may be pulled over).
  3. Start connecting: Post blogs, discussions (listservs) or upload a resource library entry for your section(s).

Resource materials -- including "Getting Started on My Bar Access" and "How to Use My Bar Access" -- posted in various areas throughout the site, can help users with questions. Following a review of those resources, members who need further help should contact the My Bar Access Help Desk at [e-mail mybaraccess].

Click here to login now.

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Tell us why you belong to the MBA

MBA Treasurer Marsha V. Kazarosian feels the MBA has given her many opportunities to make a difference in the profession. 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.

iBelong Kazarosian

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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R.S.V.P. for the Jan. 26 Young Lawyers Division Wachusett Ski/Ride event

Join the Massachusetts Bar Association's Young Lawyers Division at a Wachusett Ski/Ride event on Saturday, Jan. 26 from noon to 4 p.m at 499 Mountain Road in Princeton.  

Lift tickets are available for $48. You must pick-up your tickets at the Wachusett Mountain Ski Area's concierge window to receive the MBA discount.   

From 4 to 10 p.m., join the division at an après ski reception. Free appetizers will be available.

R.S.V.P. by Friday, Jan. 18 to [e-mail YLDSKI].
Registration is required as space is limited.

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Photograph by Elizabeth O'Neil
The 2013 MBA Mock Trial High School Competition Judges' Orientation was held Thursday, Jan. 3. Mock Trial Committee presenters included (from left to right): Mary E. Bassett, Esq., Concord; John O. Postl, Boston; and Richard J. Coffey, Lowell.

Volunteer as a 2013 MBA Mock Trial judge

As the MBA's High School Mock Trial Program enters its 28th year, we hope you will consider volunteering as a judge during the 2013 season. The goal of the program is to further an understanding of the law, court procedures and our legal system while helping students hone their analytical, listening and speaking skills. The program also seeks to promote better communication and cooperation between the school community and the legal profession.

The case this year is a good old fashioned murder mystery. The victim, a wealthy widow with no children of her own, dies from a heart attack shortly after informing her heirs that she is giving half of her estate to a charity and her live-in caregiver will receive a remaining equal share with the grandnieces and grandnephews. Can the prosecution prove the charge beyond a reasonable doubt, or will the defense be able to poke enough holes to prevent the case from being proven to a moral certainty?

If you are interested in volunteering to judge a trial, please see the below list of openings:

  • Bellingham Public Library

    Friday, Jan. 25, 2 p.m.

  • East Brookfield District Court

    Tuesday, Jan. 22, 2 p.m.

  • Holliston Town Hall

    Tuesday, Jan. 29, 2 p.m.

  • Leominster District Court

    Tuesday, Jan. 29, 1:30 p.m.

  • Marlborough District Court

    Friday, Jan. 25, 1:30 p.m.

  • Northampton Superior Court

    Friday, Jan. 25, 2 p.m.

If you are interested in signing up for any listed trials, you can NOW sign-up for trials online.

If you know of any attorney colleagues who might be interested in participating, please have them contact us at (617) 338-0570 or [e-mail mocktrial].


The Mock Trial Program is administered by the MBA, and made possible by the international law firm of Brown Rudnick LLP through its Center for the Public Interest in Boston, which has contributed $25,000 per year to the program since 1998.

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Top: Executive Office of Labor and Workforce Development Secretary Joanne F. Goldstein addresses a standing room only crowd of MBA Labor and Employment Section members, with whom she discussed the Marriott Copley renovation that led to numerous wage/hour violation fines, the Joint Task Force on the Underground Economy and plans for introducing legislation expanding the reach of the state’s wage and hour laws.

Bottom (from left to right): Margaret H. Paget, Sherin and Lodgen LLP; Heather E. Rowe, director, Department of Labor Standards, Executive Office of Labor and Workforce Development; Joanne F. Goldstein, secretary, Executive Office of Labor and Workforce Development; Sheryl D. Eisenberg, chair, MBA Labor & Employment Section.


Photos by Jennifer Rosinski.

Labor & Employment Section Council hosts open meeting with Mass. Secretary of Labor and Workforce Development Goldstein

The work of the Joint Task Force on the Underground Economy and Employee Misclassification, the investigation of the $418 million Marriott Copley Place renovation that led to wage and hour fines, and the possibility of legislation expanding the reach of the state's wage and hour laws were discussed by Executive Office of Labor and Workforce Development Secretary Joanne F. Goldstein at an open meeting of the Massachusetts Bar Association's Labor & Employment Section on Wednesday Jan. 8.

The task force, established by Gov. Deval L. Patrick in 2008, is getting an increasing number of calls from businesses filing complaints about competitors who are not following the state's laws, Goldstein said. "Legitimate businesses are struggling to compete," she said. The task force accepts anonymous complaints, but would prefer to at least receive a call from the companies' attorney to help determine the validity of the complaint, Goldstein said.

In her overview of the Marriott wage and hour case, Goldstein revealed that the investigation and subsequent enforcement actions pointed out a few problems with the current law. The state lacks the recourses and legal reach to go after companies registered out of state even if they are violating Massachusetts laws. In addition, Goldstein said, it takes "a million hoops" to publicly name companies that are violating Department of Unemployment Assistance regulations. Lastly, current law does not allow Massachusetts to hold a general contractor liable for violations that come as a result of decisions made by sub contractors. "What do you do when the only employer on record is an individual with a cell phone in California?"

Goldstein said the task force is in its preliminary stage of discussing possible legislation changes to deal with issues that arose out of the Marriott case.

 

 

MBF to honor Leo V. Boyle with Great Friend of Justice Award at 2013 Annual Meeting

2013 MBF Annual Meeting

Click here for more information and to R.S.V.P.

LPM Tip

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13 for ’13: Resolutions for the improvement of your practice life in the new year

Following in the footsteps of Stephen Seckler (or, standing on the shoulders of giants -- as the case is, here) is a good path to walk. Since, last week, in this space, Steve offered a 13-point marketing checklist for the New Year, I will offer 13 more general tips for improving your practice in the New Year -- with neither of these offerings being the Fourteen Points, as we're a year away from that, still:

If you've checked all of these marks already, then you're on your own for New Year's resolutions this season.  

Give up Twinkies? Well, maybe that won't be a problem after all . . .

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

Published January 10, 2013

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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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Have you taken advantage of FREE classifieds?

Post an MBA classifieds ad today

MBA Classifieds provide MBA members and non-members the opportunity to post and search for career opportunities, office share/rental options, lawyer-to-lawyer services, real estate listings and more.

Classified postings are FREE to members and are available to non-members for $25.

Post an ad today and take advantage of this opportunity to reach members of the commonwealth's legal community, through its largest bar association.

Click here to post an MBA classified ad.

Upcoming CLE seminar and program schedule

Join in an overview of the collaborate law process at a Jan. 16 roundtable discussion.

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 PROGRAMS

Getting Paid Live program
Tuesday, Jan. 15, 4-6 p.m.
MBA, 20 West St., Boston


Collaborative Law, a Roundtable
Wednesday, Jan. 16, 3-5 p.m.
Norfolk Probate & Family Court, 35 Shawmut Road, Canton

How to Start and Run A Successful Solo or Small-Firm Practice Recorded program
Thursday, Jan. 17, 9 a.m.-5 p.m.
Lombardo's, 6 Billings St., Randolph


Juvenile & Child Welfare Legal Chat Series Live program
Friday, Jan. 18, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.


Lifecycle of a Business Part II: Land Use/Permitting, Insurance Considerations & Business Financing Live program
Tuesday, Jan. 29, 5-7 p.m.
MBA, 20 West St., Boston

Mediating Probate Litigation Cases Live program
Wednesday, Jan. 30, 4-7 p.m.
MBA, 20 West St., Boston

SAVE THE DATE

11th Annual Western Massachusetts Bankruptcy Conference
Monday, Feb. 4, 4-7 p.m.
Western New England University School of Law, 1215 Wilbraham Road, Springfield

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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

Probate and Family Court announces Internet access to publicly available estate and administration cases; Chief Justice Rapoza named to Cambodian War Crimes Tribunal

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Probate and Family Court announces Internet access to publicly available estate and administration cases

The Probate and Family Court is pleased to announce publicly available estate and administration cases are now accessible via the Internet. Access is secured through eAccess and the website address is www.masscourts.org.

Searches can be done by case number, case name or case type and can be filtered by various means.

Electronic access to all publicly available case types of the Probate and Family Court continues to be available at each of the 14 divisions of the Probate and Family Court and at most Registry of Deeds sites. Click here for instructions on searching eAccess.

NOTE: Only those estate and administration cases that were created in, or converted to, electronic format will be available on the Internet.

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Chief Justice Rapoza named to Cambodian War Crimes Tribunal

RapozaChief Justice of the Massachusetts Appeals Court Phillip Rapoza has been selected as the international reserve judge for the Supreme Court Chamber of the United Nations-backed Cambodian War Crimes Tribunal, formerly known as the Extraordinary Chambers in the Courts of Cambodia. The ECCC was established to conduct trials, and bring to justice, those most responsible for the human rights violations in Cambodia under the 1975 to 1979 Khmer Rouge regime.

Rapoza was nominated by UN Secretary-General Ban Ki-Moon and was approved by the Cambodian Supreme Council of Magistracy. Rapoza's responsibilities include potentially attending appellate arguments, as well as filling in vacancies on the Supreme Court Chamber.

"I am honored by both the secretary-general's nomination and the approval of my appointment by the Cambodian authorities. The work of the ECCC is historic in nature and it is humbling to be involved in this important undertaking," Rapoza said.

Rapoza received a B.A. magna cum laude from Yale College and a J.D. from Cornell Law School. He was appointed to the Massachusetts Appeal Courts 1998 and was appointed the court's chief justice in 2006. He is a member of the Executive Committee of the U.S. Council of Chief Judges of the State Courts of Appeals and is also a life fellow of the Massachusetts Bar Foundation.

Prior to being appointed chief justice, Rapoza worked for the UN in East Timor as chief international judge on the Special Panels for Serious Crimes. In 2002, the Portuguese government awarded him the rank of commander in the Order of Prince Henry the Navigator for his international work and in 2007, he received the Municipal Medal of Merit from the town of Lagoa in the Azores, as well as the Brazilian Medal of International Merit. In 2009, Rapoza received the Alexander George Teitz Memorial Award from the Touro Synagogue Foundation for his commitment to ethnic tolerance and religious freedom.

In addition, Rapoza received the Massachusetts Bar Association President's Award in 2011. The President's Award is given to individuals who have made a significant contribution to the work of the MBA, to the preservation of MBA values, to the success of MBA initiatives and to the promotion of MBA leadership role within the legal community in Massachusetts.

 

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Section News: Upcoming meetings and special section events

Join in the Jan. 15 Labor & Employment, The Sole Practitioner & Small Firm, Property Law and Criminal Justice section council meetings. Attend the Jan. 16 Judicial Administration and Probate Law section council meetings. R.S.V.P. for the Jan. 17 Young Lawyers Division meeting. SAVE THE DATE: Labor & Employment Section Council open meeting with Regional Director Jonathan B. Kreisberg on Jan. 23.

Labor & Employment Section Council meeting

Tuesday, Jan. 15, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Labor & Employment Section Council is scheduled for Tuesday, Jan. 15 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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The Sole Practitioner & Small Firm Section Council meeting

Tuesday, Jan. 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of The Sole Practitioner & Small Firm Section Council is scheduled for Tuesday, Jan. 15 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, Jan. 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Property Law Section Council is scheduled for Tuesday, Jan. 15 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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Criminal Justice Section Council meeting

Tuesday, Jan. 15, 6-7:30 p.m.
District Attorney's Office, 180 Main St., Worcester

The next meeting of the Criminal Justice Section Council is scheduled for Tuesday, Jan. 15 from 6 to 7:30 p.m. in Worcester. All section members are invited to attend.

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

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Judicial Administration Section Council meeting

Wednesday, Jan. 16, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Judicial Administration Section Council is scheduled for Wednesday, Jan. 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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Probate Law Section Council meeting

Wednesday, Jan. 16, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Probate Law Section Council is scheduled for Wednesday, Jan. 16 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, Jan. 17, 6-7:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Young Lawyers Division Board is scheduled for Thursday, Jan. 17 from 6 to 7:30 p.m. All division members are invited to attend.

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

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SAVE THE DATE: Labor & Employment Section Council open meeting

Meet & Greet with Regional Director Jonathan B. Kreisberg
Wednesday, Jan. 23, 4-6 p.m.
MBA, 20 West St., Boston

This event, featuring Regional Director Jonathan B. Kreisberg, is co-hosted by the Massachusetts Bar Association's Labor & Employment Section and the ABA's Regional Subcommittee on NLRA Practice.

Kreisberg is the regional director of the recently enlarged Region 1 for the National Labor Relations Board, covering all of the New England states, and is responsible for all matters arising under the National Labor Relations Act requiring his supervision of field attorneys and field examiners engaged in the investigation and litigation of unfair labor practices, Federal Court litigation and the processing of representation cases.

Kreisberg began his career with the NLRB in 1975 as a law clerk in the Administrative Law Judge's Division at the NLRB's headquarters in Washington, D.C. Upon his graduation from law school in 1977, he served for two-and-a-half years as staff counsel to former NLRB member John A. Penello, then transferred in late 1979 to the newly created Hartford subregional office as a field attorney. In 1985 he was promoted to a supervisory attorney, and in 1988 he became the first regional attorney. He is a member of the bar of the State of Connecticut and the District of Columbia and is a past chair of the Labor & Employment Law Section of the Connecticut Bar Association.

Kreisberg earned his undergraduate degree from the Cornell University School of Industrial & Labor Relations in 1974 and a law degree from the American University, Washington College of Law in 1977.

This meeting is co-sponsored by the Rhode Island Bar Association, the Maine State Bar Association, the New Hampshire Bar Association and the Vermont Bar Association.

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

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