e-Journal

06-13

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New issue of Lawyers Journal available

The June issue of Lawyers Journal has been mailed and is available online.

Highlights include:

  • A feature profile on Gov. Deval L. Patrick's Chief Legal Counsel Kate Cook;
  • An overview of the highlights of the MBA's 2013 Annual Dinner;
  • A piece on Probate & Family Court Chief Justice Paula M. Carey's selection as the next Massachusetts Trial Court chief justice; and
  • Section Review articles from the Health Law, Labor & Employment and Public Law sections.

Click here to read the June issue.

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Top: 34th Annual Labor & Employment Spring Conference Keynote Speaker Jonathan B. Kreisberg, regional director for Region 1 of the NLRB, and MBA Labor & Employment Section Council Past Chair Rosemary Pye.

Middle: MBA Labor & Employment Section Council Chair Sheryl D. Eisenberg; 34th Annual Labor & Employment Spring Conference Co-Chair Meghan H. Slack, Esq. and 34th Annual Labor & Employment Spring Conference Co-Chair Angela L. Rapko, Esq.

Bottom: Panelists update attendees on recent developments in labor and employment law.

Photos by John Pregmon.

Annual Labor & Employment Law Spring Conference focuses on case updates, workplace violence and whistleblower protections

The Massachusetts Bar Association held the 34th Annual Labor & Employment Spring Conference June 5 at Suffolk University Law School in Boston.

The day kicked-off with the annual employment and labor case updates. An expert panel of labor lawyers gave attendees an in-depth overview of the year's major decisions including the "Noel Canning" decision where the Supreme Court ruled that appointments made by President Obama to the National Labor Relations Board in January 2012 were not valid because the Senate was in recess at the time of the appointments. As a result, the board lacked the required quorum needed to conduct its business. Employers in over 70 appeals nationally argue that the board has lacked a quorum to hear and issue decisions since January 4, 2012.

The employment panel followed and discussed several decisions that have been issued in recent months. The panel discussed cases in the disability area that showed a shift in judicial attitudes towards disability insurance and qualifications in accommodations.

Jonathan B. Kreisberg, regional director for Region 1 of the NLRB delivered this year's keynote address. Serving areas in Massachusetts, Maine, New Hampshire, Vermont, Connecticut and Rhode Island, Kreisberg proclaimed the Region 1 office was now the largest in the country. Kriesberg proceeded to highlight the major board decisions over the last year, discussed budgetary concerns, and gave attendees helpful information on e-filing, saying "e-filing is the future."

Mary E. Hoye, area director for the U.S. Department of Labor-OSHA, in the Springfield-area office, provided attendees with a powerful presentation on workplace violence. Hoye revealed the discordant gender differences surrounding work-related fatal injuries and assailant types. She then explained the four types of workplace violence, offering examples for each type, and the risk factors associated with identifiable occupations.

The day concluded with a lively discussion of whistleblower protection laws. Supervisory Investigator for the U.S. Department of Labor-OSHA Michael Mabee, gave an overview of the Whistleblower Protection Program including the recent changes to 806 Sarbanes Oxley Whistleblower Protections and the Consumer Financial Act (Dodd-Frank).  Federal OSHA now enforces 22 Whistleblower Statues.

Michael K. Fee of Ropes & Gray LLP and Boston attorney Jeffrey Newman followed Mabee's overview by offering two unique perspectives of Whistleblower cases. Newman ran over the evolving issues of law concerning false claims act cases, while Fee questioned whether the "whistle-blowing culture" is one to be fostered and offered defenses to claims brought under federal law as well as employment cases.  

The conference was followed by a reception where attendees continued the discussion of the day's agenda as they enjoyed complimentary hors d'oeuvres and cocktails.

Featured member benefit: MBA Insurance Agency

The MBA Insurance Agency offers exclusive insurance programs specifically tailored for MBA members, including affordably priced term insurance.

Insurance Agency Flyer

Click here to complete an online insurance information request form. For a customized quote and individual consultation, contact Joy Simao at (800) 749-2118 or [e-mail jsimao].

Join YLD for a bowling and networking event on June 27

YLD Bowling Night

The Massachusetts Bar Association's Young Lawyers Division invites you to a special networking reception where you will have the opportunity to meet and network with fellow members of the legal community.

Join us for an evening of fun and bowling on Thursday, June 27 from 6 to 8 p.m. at King's Back Bay, 50 Dalton St., Boston. Complimentary appetizers (cash bar).

Click here to register. Space is limited, R.S.V.P. today.

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Connect, share and collaborate on My Bar Access

Posts include "Do I trademark my name or logo?" and more.

Interact with your section/division on My Bar Access. Visit http://access.massbar.org/ today to join the conversation.

Blog posts include:
Questions about a new rule? Need a referral? Looking for a sample motion? Interested in learning more about your fellow members? Login and participate in ongoing member group discussions, which are now PRIVATE and can only be viewed by MBA members, who login to the MBA's online community. My Bar Access discussions allow you to enjoy the benefits of a traditional listserv, without clogging your inbox.

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].

Get started today on http://access.massbar.org.
Questions? [e-mail mybaraccess].

 

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Boston legal community looks to raise $1 million for Pine Street Inn

Make a gift today.

A group of Boston attorneys is spearheading an effort to fund the acquisition and renovation of a building to move long-time homeless men and women off the streets and out of shelter. Massachusetts Bar Association member Patrick T. Jones, Esq., of Cooley Manion Jones LLP is leading the effort to raise $1 million from the Boston legal community for this special housing initiative.

"This house will serve as a tangible, lasting demonstration of the legal community's commitment to improving the lives of these individuals and to being a part of the solution to homelessness in the City of Boston," said Jones, who is a Pine Street Board member.  "I hope every attorney who hears about this project will support Pine Street's work."

Pine Street is working to transition long-term, chronically homeless men and women -- those who have been homeless literally for years -- into permanent housing by increasing the accessibility and availability of permanent, stable and safe housing. Pine Street currently supports more than 760 formerly homeless individuals in permanent housing.

To date, gifts and pledges to the Boston Lawyers House Project total close to $500,000. Fundraising will continue through spring 2013, and all firms, companies and attorneys who contribute to this project will be recognized on a plaque in the building funded through this community collaboration.

Click here to make a gift in support of this effort.
Please indicate "Boston Lawyers House Project" in the notes section.


MBA members, who are leading this effort as Pine Street board members and community leaders, include:

  • Megan N. Gates, Esq. of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC;
  • Patrick T. Jones, Esq. of Cooley Manion Jones LLP;
  • Leo V. Boyle, Esq. of Meehan, Boyle, Black & Bogdanow;
  • John J. Carroll Jr., Esq. of Meehan, Boyle, Black & Bogdanow;
  • Lawrence S. DiCara, Esq. of Nixon Peabody LLP; and
  • Camille Sarrouf Sr., Esq. of Sarrouf Law LLP.

For more information about the "Boston Lawyers House Project," click here.

LPM Tip

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Scheduling your next steps

"If you hear of anyone who could benefit from my services, I would appreciate the referral."

How many times have each of us used this expression? It sounds like a good way to generate referrals. It is not too aggressive, it is broad enough to encompass all of the services we provide and it expresses appreciation for the act of making the referral.

In general, however, requests like this are unlikely to produce the referrals we want. With e-mail, Facebook, LinkedIn,  advertising, traditional media and even the old-fashioned telephone, we are all inundated with a lot of "noise." General requests for referrals have a hard time cutting through all that noise. General requests do little to differentiate you from anyone else who might provide similar services.

If you have one meeting with another professional and understand what that individual does, you may remember what they do for a day, a week or perhaps a month. But if no opportunity to make a referral happens in that relatively short period of time, it is unlikely that you will think of that individual unless you do something to continue to cultivate the relationship.

The general rules of relationship building apply here. The better you get to know someone, the more likely it is that you will think of that individual at the appropriate moment (i.e. when you hear about someone who may need those services -- and of course, visa versa).

The way to overcome this problem is that you should always be thinking of a next step. What can you do to continue to cultivate your relationship with that individual and when will you do it?

What that next step is depends largely on where your common interests lie and how it is that you think that you can be helpful to each other.

On a personal level, for example, if you both enjoy doing something recreational, make a point of scheduling that activity on a regular basis so that you have the opportunity to connect with the individual. If your common interests simply rely on having common sets of clients that you would like to share with each other, make sure to mark on your calendar a date to follow up within two months. In the meantime, continue to think of ways that you can be helpful to that individual. Be aware of their interests. Forward them articles or links of interest.

In the short run you may simply be following up on making an introduction that you promised to make in your initial meeting. Two months down the road it may be following up to see if that initial introduction was of any help to that individual.

Come up with specific ways to cross-market together (co-author articles, give joint presentations or participate together in trade association activities). It is critical to mark something in your calendar that reminds you to circle back to the individual so that you can continue working on that activity. Real work has a way of derailing us from our marketing and relationship building activities.

Writing an article together or giving a presentation to a common set of potential clients, can be an effective way to cultivate your relationship with each other and get to better understand each other's capabilities. Of course the expectation is that you may end up finding opportunities to identify clients for each other. But just as important, you are spending time getting to know each other and doing this will dramatically increase your chances of thinking of that individual at the appropriate moment.

It is very easy to make broad sweeping promises about making referrals. But in general they are not effective. Look for specific ways to connect with the individuals in your network  and  over time your opportunity for leads will grow significantly. If you leave it to chance, "let me know how I can be of help to you" becomes a platitude that has little effect on your marketing success.

Tip courtesy of Stephen Seckler, president, Seckler Legal Consulting and Coaching.

Published June 13, 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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Tell us why you belong to the MBA

MBA Vice President and Membership Committee Chair Christopher P. Sullivan has found his active MBA involvement reminds him of why he joined the noble legal 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.

The MBA offers the legal community a wide array of professional development and volunteer opportunities.See why others belong.

Sullivan

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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Upcoming CLE seminar and program schedule

Register for the June 25 Health Law Conference featuring keynote speaker John Polanowicz, secretary of the Massachusetts Executive Office of Health and Human Services.

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

Legal Chat: Your Land, Your Legacy Live program
Planning for Preservation and Development of Family Land

Tuesday, June 18, 4-5 p.m.
NOTE: There is no on-site attendance for Legal Chats.

Juvenile & Child Welfare Legal Chat Series Live program
Friday, June 21, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.

2013 Annual Health Law Conference Live program
Tuesday, June 25, 9 a.m.-2 p.m.
MBA, 20 West St., Boston

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MBA On Demand

Were you 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

Join in the Civil Litigation Section Council meeting on June 17. R.S.V.P. for the June 18 Labor & Employment, Criminal Justice and Real Estate Law section council meetings. Attend the June 19 Probate Law Section Council meeting. The Taxation Law Section Council and Young Lawyers Division Board meet June 20.

Civil Litigation Section Council meeting

Monday, June 17, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Civil Litigation Section Council is scheduled for Monday, June 17 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, June 18, 5-6:30 p.m.
The Kinsale Pub & Restaurant, 2 Center Plaza,  Boston

The next meeting of the Labor & Employment Section Council is scheduled for Tuesday, June 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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Criminal Justice Section Council meeting

Tuesday, June 18, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Criminal Justice Section Council is scheduled for Tuesday, June 18 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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Real Estate Law Section Council meeting

Tuesday, June 18, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Real Estate Law Section Council is scheduled for Tuesday, June 18 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

Wednesday, June 19, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Probate Law  Section Council is scheduled for Wednesday, June 19 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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Taxation Law Section Council meeting

Thursday, June 20, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Taxation Law  Section Council is scheduled for Thursday, June 20 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, June 20, 6-7:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Young Lawyers Division Board meeting is scheduled for Thursday, June 20 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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