e-Journal

03-21

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State Rep. Brian S. Dempsey (D-Haverhill), house chairman of the Committee on Ways and Means

Legislator of the Year Award to be presented to Rep. Dempsey at May 9 Annual Dinner

One of the highlights of the Massachusetts Bar Association's Annual Dinner will be the presentation of the Legislator of the Year Award to State Rep. Brian S. Dempsey (D-Haverhill), house chairman of the Committee on Ways and Means.

The MBA's Legislator of the Year Award is presented annually to a state or federal legislator who has distinguished him/herself in public service through outstanding contributions to the legal profession, courts and administration of justice.

"Chairman Dempsey brings more than two decades of hands-on legislative experience, many of these years as a strong advocate for the courts and access to justice for the commonwealth's citizens," MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy said. "He has distinguished himself as chairman of Ways and Means through his vigorous support of the bench and bar and has been instrumental in passage of many legislative reforms benefiting the public and the bar including the Uniform Probate Code."

Dempsey, 45, represents the Third Essex District. Prior to being elected state representative he was a member of the Haverhill City Council from 1988 to 1991, serving as council president from 1990-91.  In 1991 he was elected to the Massachusetts House of Representatives, where he is serving his 12th term.

During his time in the Legislature he has served as chairman of the Committee on Public Service, chairman of the Committee on Science and Technology, and House Chairman of the Committee on Economic Development and Emerging Technologies. He also served as chairman of the Committee on Telecommunications, Utilities and Energy where he coauthored the Green Communities Act.  In January 2011, he was appointed the chairman of the House Committee on Ways & Means.

In addition to the MBA's Legislator of the Year honor, Dempsey has been recognized for his dedicated public service and leadership by the Massachusetts Municipal Association, the Massachusetts Medical Society, the Boys and Girls Club of Massachusetts and the Massachusetts Extended Care Federation.  In addition, he was awarded in 2000 with the prestigious AMVETS "Pilgrim Award" for his work in the Legislature.

Dempsey remains active in his hometown community of Haverhill, where he lives with his wife and their three children. He has served on many local boards including the Glynn Memorial Nursing home, the Haverhill Boys and Girls Club, the Foster Kids of the Merrimack Valley and the Haverhill YMCA. He has taken the lead on securing more than $7 million in state aid for the city, working tirelessly to help offset the debt incurred by the sale of Hale Hospital.

Born and raised in Haverhill, Dempsey received a Bachelor of Arts from the University of Massachusetts at Lowell in 1999. He is the owner and president of the Brian S. Dempsey Insurance Agency.

MBA Treasurer Marsha V. Kazarosian will present Dempsey with the MBA's Legislator of the Year Award as part of the May 9 Annual Dinner program. The dinner will also feature a keynote address from Gov. Deval L. Patrick and the presentation of the 2013 Access to Justice Awards.

For more information on the May 9 dinner, to purchase tickets/tables or to join the growing list of sponsors,
click here.

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Images from the Massachusetts Bar Association's 2013 Mock Trial Program State Championships.

Photos by Merrill Shea.

The Winsor School of Boston wins MBA 2013 Mock Trial State Championship

On Wednesday, March 20, the Winsor School of Boston was named State Champion of the Massachusetts Bar Association's 2013 Mock Trial Program. The finals were held at Faneuil Hall in Boston. This is Winsor's second championship, the first coming in 2010.

The high school now advances to the National High School Mock Trial Championship in Indianapolis, Indiana to be held May 9-11. A portion of the trip will be funded by a donation from the MBA's philanthropic partner, the Massachusetts Bar Foundation.

Winsor School and Pioneer Valley Performing Arts Charter Public School competed during a more than two-hour mock trial in Faneuil Hall's Great Hall. Winsor defended Paula Breedy, who was charged with the first degree murder of her great-aunt, Dana Liberson. Pioneer Valley, as the prosecution, accused Breedy of killing Liberson before her new will could strip Breedy of $4 million. Breedy was alleged to have tampered with Liberson's heart medications, causing an overdose.

Massachusetts Appeals Court Associate Justice Peter W. Agnes Jr. presided over the mock trial and was assisted by Superior Court Associate Justice John T. Lu and Superior Court Associate Justice Kathe Tuttman.

"This was an inspiring performance," Agnes said of both teams, whom he praised for their poise and ability to handle the complicated evidence. "I don't think I've seen any law school mock trial competition that was better than any performance I saw today."

Agnes said Winsor was victorious in defending Breedy, who was found not guilty. That win, however, did not mean Winsor would automatically take the championship. The judges determined, by a vote of two to one, that Winsor was the victor because it received the higher score. The judges based their calculations on a number of factors including presentation and knowledge of both the case and law.

The MBA Mock Trial Program began its 28th year in January. The competition places high school teams from 16 regions across the state in simulated courtroom situations where they assume the roles of lawyers, defendants and witnesses in hypothetical cases. More than 130 teams competed in this year's competition.

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

For more information on the MBA Mock Trial Program, visit http://mocktrial.massbar.org/.

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MBA Past President Michael E. Mone Sr.

MBA News

Past President Mone to represent MBA on judicial nominations advisory panel

Massachusetts Bar Association Past President Michael E. Mone Sr. will represent the MBA on the Advisory Committee on Massachusetts Judicial Nominations, which will review potential nominees to federal district courts in Springfield and Boston. Mone was appointed by U.S. Senator Elizabeth Warren.

In addition to Mone, appointments include:

  • District Court Judge Nancy Gertner (ret.);
  • Camille Nelson, dean of Suffolk University Law School;
  • Mary Sarah Bilder, professor at Boston College Law School; and
  • Andrew Kaufman, professor at of Harvard Law School.

Click here to learn more.

 

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Hon. Sandra Lynch, chief judge of the United States Court of Appeals for the First Circuit, has been selected to receive the MBA's Daniel F. Toomey Excellence in the Judiciary Award.

MBA to honor Judge Sandra Lynch and WBUR with excellence awards

The Massachusetts Bar Association will honor the Hon. Sandra Lynch, chief judge of the United States Court of Appeals for the First Circuit, and WBUR-FM's News Department at a May 2 event co-presented by Massachusetts Lawyers Weekly. The judicial and media honors will be two among several bestowed at the annual Excellence in the Law event taking place at the Renaissance Boston Waterfront Hotel beginning at 5:30 p.m.

Lynch has been selected to receive the Daniel F. Toomey Excellence in the Judiciary Award and WBUR-FM has been chosen to receive the association's Excellence in Legal Journalism Award. 

Lynch is the first woman to serve on the U.S. Court of Appeals for the First Circuit, and in 2008, became its first female chief judge. Lynch is the ninth chief judge of the First Circuit Appeals since Congress created the position in 1948.

As chief judge, Lynch serves as executive officer of both the First Circuit Court of Appeals and the Judicial Council of the First Circuit. She represents the First Circuit in biannual meetings of the Judicial Conference of the United States, the judiciary's national policy making body.

"Judge Lynch represents and delivers on the highest standards of judicial leadership. We are delighted to honor her distinguished appellate service on the federal bench," MBA President Robert L. Holloway Jr. said.   

A graduate of Wellesley College and the Boston University Law School, Lynch was a trailblazer throughout her career. Following law school, she served as a law clerk to Judge Raymond Pettine of the United States District Court for the District of Rhode Island and was the first female law clerk on that court. Prior to her judicial appointment to the federal bench, Lynch served as an Assistant Attorney General for the Commonwealth of Massachusetts and as General Counsel of the Massachusetts Department of Education. In addition, she was a partner in the Boston law firm of Foley, Hoag & Eliot, where she was the first woman to chair the litigation department.

In addition to presenting the Toomey Award to Lynch, Holloway will also present WBUR with the Legal Journalism Award.

WBURAccording to Holloway, WBUR's journalistic standards made the station a clear selection as the recipient of this year's journalism award. "The station's stellar news reporters and producers put together thoughtful and timely news pieces on topics highly relevant to and involving the Massachusetts legal community," said Holloway, who noted WBUR's coverage of the state drug laboratory scandal, increased unemployment following law school, judicial accountability and medical malpractice reform among other timely topics.

With operations based on the campus of Boston University, WBUR-FM is the preeminent news and information public radio station in Massachusetts, reaching close to 500,000 listeners each week. With its extensive newsroom, WBUR produces hourly local newscasts, original reporting, investigative and feature series, and in addition, has a robust -- and growing -- digital presence at wbur.org.

The station enjoys its success as a Top 10 public radio station in America, producing programming such as Car Talk, On Point, Here & Now and Only A Game. WBUR produces a daily news magazine program, Radio Boston, and carries NPR News programs such as Morning Edition, All Things Considered and Wait Wait … Don't Tell Me.

To purchase tickets to the May 2 Excellence in the Law event, or to find out more on all of the events' honorees, click here.

Harnais represents MBA at Boston College Law School's Diversity Bar event

BC Diversity event

On March 20, Boston College Law School held its Diversity Bar cocktail event. Over 200 students and faculty mingled with members of the MBA, and other bar associations, discussing life after law school, bar programs and association benefits.

In addition to the MBA, members of the Asian American Lawyers Association of Massachusetts, Boston Bar Association, Massachusetts Black Lawyers Association and the Massachusetts Association of Hispanic Attorneys were in attendance.

The event was sponsored by Wilmer Cutler Pickering Hale and Dorr LLP  as part of its sponsorship of BC Law Diversity Month.

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Photos, courtesy of Boston College:

  • Left (from left to right): Segre Georges Jr. of the MBLA; MBA Vice President Robert W. Harnais, also of MAHA; AALAM members Steven S. Kim and Jason Chan.
  • Middle: Students mingle at the diversity event.
  • Right (from left to right): BC Student Diversity Co-Chairs Leo Obaya and Abhijit Kurup; MBA House of Delegates member Clarence Richardson; BC Law students Adam Harman and Alejandra Salinas.
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George A. Berman, Esq. (left) of Peabody & Arnold LLP and Charles P. Kazarian, Esq. (right) of Law Office of Charles P. Kazarian are the guest speakers at the March 27 Legal Lunch program.

Next week's March 27 "Feed Your Mind -- A Legal Lunch Series" to focus on legal malpractice

Register for this FREE, hour-long discussion and learn how to avoid becoming a legal malpractice defendant.

All Massachusetts Bar Association members and their colleagues are encouraged to attend the FREE, second session of the MBA's new, monthly Legal Lunch Series on Wednesday, March 27 from 12:30 to 1:30 p.m. at the MBA, 20 West St., Boston.

The Legal Lunch Series is delighted to announce that George A. Berman, Esq. from Peabody & Arnold LLP and Charles P. Kazarian, Esq. from the Law Office of Charles P. Kazarian will be speaking at at the series' second installment. Berman and Kazarian will discuss various topics of legal malpractice, focusing on the most common forms of legal malpractice and how lawyers can best avoid becoming a legal malpractice defendant.

The Legal Lunch Series, coordinated by the Civil Litigation Section and Young Lawyers Division, will be moderated by Courtney Shea, Esq. of Looney & Grossman LLP and Craig Levey, Esq. of Bennett & Belfort PC.

Attendees are encouraged to bring their own lunch.

Click here to R.S.V.P.



Upcoming YLD networking event

R.S.V.P. for the March 26 "I Apologize" discussion and reception

I apologize

The Young Lawyers Division of the Massachusetts Bar Association, in collaboration with the Massachusetts Medical Society, invites you to attend a FREE substantive discussion on apology laws that apply in medical malpractice cases. The networking event will take place on Tuesday, March 26 from 6:30 to 8:30 p.m. at the MBA, 20 West St., Boston.

The discussion will also address institutional medical apology programs and the trends and future of apology in medicine from the perspectives of physician, defense counsel and plaintiff counsel. Faculty includes: Jeffrey N. Catalano of Todd & Weld LLP in Boston and Scott M. Heidorn of Bergstresser & Pollock LLC in Boston.

A cocktail reception will follow the program to give you the opportunity to network with colleagues. Complimentary wine and beer.

Click here to register.

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Bruins tickets raffle

Enter a lottery for tickets to the April 15 Ottawa Senators game.

The MBA is currently offering tickets to see the Boston Bruins play the Ottawa Senators at TD Banknorth Garden on Monday, April 15 at 7 p.m. Tickets are $80. Due to high demand, the MBA will use a lottery method to distribute tickets to members.

To enter the lottery, please [e-mail MBATickets] by Friday, March 22 at 5 p.m. Please include:

  • Your name; and
  • Phone number.

There is a two-ticket limit per person and each member is allowed only one lottery entry. After March 22, the MBA will no longer accept entries and will conduct the lottery drawing.

All winners will be contacted directly by MBA Member Services via e-mail by Monday, March 25 for payment.

Due to the large number of entries anticipated, only members whose names are drawn will be contacted.

LPM Tip

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Tips on Getting Paid

You deserve to get paid for your work. End of story. Unfortunately, getting paid may not always be such an easy feat. Here are a number of tips to help ensure that you get paid for the work that you do:

Select Your Clients with Care.

  • Clients not only select you, but you should select your clients. Don't take just anyone who walks through your doors. Do your due diligence. Collect information before determining whether to take the matter. Was this potential client referred to you? If not a referral, where did this person find you? Do you trust the source?

Use Your Fee Agreements.

  • Include language in your fee agreements such as your rates and costs, your billing process and the consequences of the failure to pay (including withdrawal to the extent permitted by the rules, interest charges on late payments and your collections policy).

Collect Money Up Front.

  • Use a retainer to collect fees up front. This serves as a test. By requiring a retainer, you will eliminate clients who cannot pay.

Bill Early and Often.

  • The more time that passes without payment from a client, the less likely you are to get paid. Bill on a regular schedule (i.e. at least monthly) or after a good result when the client is more likely to pay. Send your client a professional invoice that is clearly and conspicuously labeled as such, and includes a due date for payment. It goes without saying that you must track and record your time in order to get paid.

Keep in Touch with Your Clients.

  • Keep in regular contact with your clients. Keep them apprised of what is happening in their case and the good work you are doing. This may take the form of phone calls or written status reports between billing cycles.

Don't be Afraid to Get Out.

  • Be proactive about getting out of cases when you are not getting paid, and when allowed by the Professional Rules of Conduct and court rules. If your client is insolvent and refuses to pay, it is unlikely that you will ever get paid. An insolvent client likely has other creditors also after him/her. Again, this stresses the importance of selecting good clients initially.

Collections as a Last Resort.

  • Have a collections policy for tracking client payments and handling situations in which the client is delinquent with payments. As a last resort, you can hire a collections agency to help you collect your fees owed. And, if all else fails, you can sue your client to recover your fees. When embarking upon these measures of last resort, be sure to weigh all the costs and risks associated.

Tip courtesy of Heidi Alexander, Law Office Management Assistance Program.

Published March 21, 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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Join your section/division on My Bar Access

Posts include information on the upcoming "How to Succeed in Adjudicatory Proceedings and Administrative Appeals" program; "Divorce Agreements: Where Have All the COLA's Gone?;""SCOTUS Decision Marx" and more.

Connect, share and collaborate with fellow MBA members on My Bar Access. Visit http://access.massbar.org/ today to join the conversation.

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. Discussions were previously viewable by the public. 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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Tell us why you belong to the MBA

New attorney Victoria M. Santoro finds the MBA has opened up opportunities for community involvement and professional growth. 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.

iBelong: Santoro

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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Join the conversation to keep up to date on the
latest iBelong news and offers:

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Featured member benefit: MBA Business Center

Away from your office and looking to check your e-mail? Print a document? Check out the MBA's business center.

If you are attending a meeting at the MBA or just in the area, visit our Business Center designed to assist our members. We have office equipment available for spot use, including computers, a fax machine, copier, and telephone.

All MBA members are encouraged to visit and use our facilities. There are business centers available at the MBA's Boston office at 20 West St., and the MBA's Western Mass. office at 73 State St., Springfield.

 

Upcoming CLE seminar and program schedule

Learn how to "Grow Your Professional Network" on April 4.

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

Health Law Legal Chat Series Live program
Consumer debt and proposed legislation to reduce hospital debt
Friday, March 22, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.


Growing Your Professional Network Live program
Thursday, April 4, noon-1 p.m.
MBA, 20 West St., Boston

Health Law Legal Chat Series Live program
Friday, April 12, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.


Law Firm Marketing Plan Workshop Live program
Wednesday, April 17, 2-5 p.m.
MBA, 20 West St., Boston


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


Third Annual Solo Practitioner/Small-Firm Symposium
Wednesday, April 24, noon-5 p.m.
Lombardo's, 6 Billings St., Randolph


Conciliation Training
Friday, April 26, 8:30 a.m.-5:30 p.m.
MBA, 20 West St., Boston

Health Law Legal Chat Series Live program
Friday, April 26, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.


How to Succeed in Adjudicatory Proceedings and Administrative Appeals
Live program
Tuesday, April 30, 4-7 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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Section News: Upcoming meetings and special section events

Join in the March 26 Business Law and Access to Justice section council meetings. Register for the March 26 Young Lawyers "I Apologize -- An Overview of Apology Law" event and networking reception. R.S.V.P. for the March 27 "Feed Your Mind -- A Legal Lunch Series Part II," featuring George A. Berman, Esq. and Charles P. Kazarian, Esq. Attend the March 28 Taxation Law Section Council meeting.

Business Law Section Council meeting

Tuesday, March 26, 6-7:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Business Law Section Council is scheduled for Tuesday, March 26 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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Access to Justice Section Council meeting

Tuesday, March 26, 6-7:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Access to Justice Section Council is scheduled for Tuesday, March 26 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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I Apologize -- An Overview of Apology Law

Tuesday, March 26, 6:30-8:30 p.m.
MBA, 20 West St., Boston

The Young Lawyers Division of the Massachusetts Bar Association, in collaboration with the Massachusetts Medical Society, invites you to attend a substantive discussion on apology laws that apply in medical malpractice cases. It will also address institutional medical apology programs and the trends and future of apology in medicine from the perspectives of physician, defense counsel and plaintiff counsel.

A cocktail reception will follow the program giving you the opportunity to network with colleagues.

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

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Feed Your Mind -- A Legal Lunch Series Part II

Featuring George A. Berman, Esq. and Charles P. Kazarian, Esq.
Wednesday, March 27, 12:30-1:30 p.m.
MBA, 20 West St., Boston

All Massachusetts Bar Association members and their colleagues are encouraged to attend the FREE, second session of the MBA's new, monthly Legal Lunch Series on Wednesday, March 27 from 12:30 to 1:30 p.m. at the MBA, 20 West St., Boston. These events are geared toward civil litigators of all experience levels and provides an opportunity to participate in a discussion of selected areas of law, or practice, in a collegial setting where you can meet and exchange ideas with other members of the profession.

The Legal Lunch Series is delighted to announce that George A. Berman, Esq. from Peabody & Arnold LLP and Charles P. Kazarian, Esq. from the Law Office of Charles P. Kazarian will be speaking at at the series' second installment. Berman and Kazarian will discuss various topics of legal malpractice, focusing on the most common forms of legal malpractice and how lawyers can best avoid becoming a legal malpractice defendant.

The Legal Lunch Series, coordinated by the Civil Litigation Section and Young Lawyers Division, will be moderated by Courtney Shea, Esq. of Looney & Grossman LLP and Craig Levey, Esq. of Bennett & Belfort PC.

Attendees are encouraged to bring their own lunch.

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

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Taxation Law Section Council meeting

Thursday, March 28, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Taxation Law Section Council is scheduled for Thursday, March 28 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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