Section Review

In this episode, MBA Lawyer Well-Being Committee Co-chair Marianne C. LeBlanc and lawyer-turned-social worker Andrew Kang, JD, LICSW, talk with host Jordan Rich about the increased stress and pressure that lawyers feel generally and especially around the holidays. In addition to offering coping strategies, they encourage lawyers to seek help when needed and embrace individual wellness as a normal and necessary part of their professional journey.

The Massachusetts Bar Association celebrates Conflict Resolution Week from Oct. 18-22. On this episode hosted by Jordan Rich, Dispute Resolution practitioners and program co-chairs Julie R. Bryan (chair of the MBA's Dispute Resolution Section) and Michael A. Zeytoonian preview the MBA's free Conflict Resolution Day webinar on Oct. 21 (4-6 p.m.), "Reimagining the Dispute Resolution Frontier: How Technology and the Pandemic Have Triggered A DR Evolution." You'll get insight into how virtual technology has changed the landscape, expanded the toolbox and affected the future outlook for dispute resolution. You'll also hear about what DR practitioners are doing to maintain wellness in the profession, as well as recommendations for those looking to get started in the field of dispute resolution.

Learn about short statutes of limitations, sticky statutes of repose and many other insidious malpractice hazards found in the newly expanded Seventh Edition of "Traps for the Unwary," the Massachusetts Bar Association’s award-winning malpractice prevention handbook. The e-publication is now available to all MBA members as an exclusive member benefit during the 2021-22 association year. In this episode, host Jordan Rich talks with O’Malley, Harvey and Brosnan LLP attorneys James E. Harvey Jr. (editor-in-chief) and John F. Brosnan (senior editor) about what's inside "Traps" and why it's a must-read for Massachusetts lawyers in civil practice.

The Massachusetts Bar Association Clemency Task Force was formed to review the clemency process in Massachusetts (commutations and pardons), and to propose changes in areas that have resulted in denial of equal justice under the law and undermined public trust and confidence in our criminal legal system. In March 2021, the task force issued a report recommending a series of reforms to be adopted by state leaders. In this episode of the MassBar Beat, host Jordan Rich talks with MBA Clemency Task Force members, including retired Supreme Judicial Court Justice Robert J. Cordy and attorneys Sabrina E. Bonanno (co-chair) and Patricia A. Dejuneas, about the task force’s recommendations and why these changes are necessary.

In this episode, host Jordan Rich talks with Jill Joyce, HUD Certified Housing Counselor and Certified HECM Counselor, and attorney Stephen Pepe, a HECM Loan Specialist at Reverse Mortgage Funding LLC., about the benefits of using reverse mortgages, as well as what to look out for when applying for one. This is one of three companion MassBar Beat podcast episodes released in conjunction with the publication of the 2021 edition of the Elder Law Education Guide (ELG), the 12th edition of the Massachusetts Bar Association’s resource guide on a wide range of legal issues affecting the lives of older adults, which is available for free at www.massbar.org/ElderLaw.

In this episode, host Jordan Rich talks with attorney Alex L. Moschella, chair of the MBA's Elder Law Advisory Committee, and Nicole McGurin, Director of Family Services, Alzheimer's Association, Massachusetts/New Hampshire Chapter, about the common questions that arise when older adults experience physical or cognitive impairments later in life that could affect their driving, as well as resources available to help. This is one of three companion MassBar Beat podcast episodes released in conjunction with the publication of the 2021 edition of the Elder Law Education Guide (ELG), the 12th edition of the Massachusetts Bar Association’s resource guide on a wide range of legal issues affecting the lives of older adults, which is available for free at www.massbar.org/ElderLaw.

In this episode, host Jordan Rich talks with attorney Josephine Babiarz, a member of the MBA's Elder Law Advisory Committee, about frequently asked questions related to Medicare, including who is eligible; how to enroll; and the differences between parts A, B, C and D. This is one of three companion MassBar Beat podcast episodes released in conjunction with the publication of the 2021 edition of the Elder Law Education Guide (ELG), the 12th edition of the Massachusetts Bar Association’s resource guide on a wide range of legal issues affecting the lives of older adults, which is available for free at www.massbar.org/ElderLaw.

Finding a lawyer to take your case can be daunting if you’ve never hired a lawyer before. In this episode, host Jordan Rich helps demystify the process as he talks with Andover attorneys Paul J. Klehm of Krasnoo, Klehm & Falkner LLP and Edward Denn of Denn Law Group LLC about what information attorneys look for when determining whether to take a case and how clients can best prepare for the initial meeting with their attorney.

The decision to stop working is just one of many important decisions you'll have to make when thinking about retirement. In this episode, learn the steps to take when you're considering retirement as host Jordan Rich talks with attorney Patrick Curley of the Curley Law Firm in Wakefield, Mass. In addition to answering some common retirement questions about Social Security, 401Ks and IRAs, Medicare/Medicaid, and taxes, Curley discusses the importance of having an estate plan and how planning documents, such as wills, trusts, health care proxies, durable powers of attorney and others, should be part of your retirement planning.

Hackers are taking advantage of the COVID-19 pandemic, increasing the cybersecurity risks for many people — especially those working remotely. In this episode, host Jordan Rich talks with Eric and Lisa Shorr, co-owners of Secure Future Tech Solutions, who share recommendations for protecting your technology, software and data, whether at home or in the office. Tune in to learn more about cloud-versus-local data storage, anti-virus software, password managers, email encryption, and more, including how to protect yourself from phishing scams.

A fresh start for individuals who find themselves burdened with unmanageable debt is one potential benefit of filing for bankruptcy. But there are also significant consequences for those who decide to take that step. On this episode, host Jordan Rich talks with MBA members and bankruptcy lawyers Jordan Shapiro and Richard Ravosa about the ins and outs of filing for bankruptcy, the options available for consumers, and the considerations to keep in mind when looking for debt relief.

Remote depositions remain the norm more than half a year since COVID-19 safety measures were put in place. In this episode, host Jordan Rich talks with attorney Julianne Fitzpatrick of Kenney & Sams PC, court reporter Laurie Berg and Kenny Zais, the owner and president of O’Brien & Levine Court Reporting Solutions, about their recommendations for conducting a successful remote deposition.

The COVID-19 pandemic continues to alter employment relationships in Massachusetts, which is still grappling with high unemployment rates as many companies are forced to adapt their practices or close. In this episode, hear answers to some frequently asked questions about employment and unemployment as host Jordan Rich interviews attorney Kavita Goyal, a partner at the firm of Rosen & Goyal PC in Andover and chair of the Massachusetts Bar Association’s Labor & Employment Section.

The 2020 Elder Law Education Guide, the Massachusetts Bar Association’s 11th Annual resource guide on a wide range of legal issues affecting the lives of older adults, is now available for FREE at www.massbar.org/elderlaw. In this episode of the MassBar Beat, host Jordan Rich talks with two members of the MBA's Elder Law Advisory Committee, attorneys Alex L. Moschella (chair) and Josephine Babiarz, about the guide's COVID-19 Checklist -- a new addition this year, which offers important recommendations on the forms and decisions older adults should have ready in case they are sidelined with COVID-19 or any other potentially serious illness.

Appealing a judge's divorce or custody ruling can be fraught with challenges, particularly when children are involved. In this episode, host Jordan Rich interviews attorney Matthew P. Barach, author of "The Family Law Guide to Appellate Practice" (2019, ABA Book Publishing), about what makes family law appeals unique and why alternatives to an appeal are often better options.

Not all legal malpractice insurance policies are created equal. Does your policy protect against cybercrimes? Are you covered when you retire? Does the fine print include a so-called hammer clause? In this episode, MBA Insurance Agency President Terry Welsh talks with host Jordan Rich about what to look for — and what to look out for — when choosing the right legal malpractice insurance coverage for your practice.

In the world of dispute resolution, restorative justice flips the script on punitive justice and instead asks: Who has been harmed, what are their needs and who has the obligation to fix the harm? The restorative justice model has been catching on as an alternative form of dispute resolution even beyond the criminal justice arena, as more schools and companies, particularly in the #MeToo era, shift the focus to the victim's perspective. In this episode, Attorney Sarah Worley, chair of the Mass. Bar Association’s Dispute Resolution section, talks with host Jordan Rich about the advantages of a restorative-justice approach, and when it might be appropriate.

The Sixth Amendment guarantees the right to counsel for criminal defendants who cannot afford to pay for an attorney. But a shortage of lawyers able to represent indigent defendants in Western Massachusetts is again placing a burden on public defenders and the courts. In this episode, host Jordan Rich speaks with Anthony Benedetti, chief counsel of the state Committee for Public Counsel Services (CPCS), about the factors contributing to this recurring problem, and how an increase in the hourly rate for private bar advocates could be part of the solution.

The Massachusetts Bar Association’s award-winning Tiered Community Mentoring Program (TCM), based in Boston and Worcester, introduces urban high school students to information about college, provides pre-law college students with information about the law school admission process and gives law students an inside view of the practice of law with their attorney mentors. As this unique mentoring program celebrates its 10th Anniversary, Host Jordan Rich interviews past participants and current administrators about how TCM has helped students build a diverse network and enrich their careers.

The new Massachusetts law governing noncompete agreements went into effect in October 2018, bringing a new measure of fairness to the workplace. In this episode, host Jordan Rich interviews attorneys Dahlia C. Rudavsky and Ellen J. Messing of Messing, Rudavsky & Weliky PC, about the protections for employees included in the new law.

Who protects the legal rights of children? In the commonwealth, the non-profit Children’s Law Center of Massachusetts (CLCM) is on the front lines helping kids access the social services and legal assistance they need, from foster care and child welfare to education/special education, immigration and mental health issues. In this episode, Jordan Rich talks with attorney Jessica Berry, the CLCM deputy director, about her organization's advocacy efforts, community-wide trainings and individual legal resources available for juveniles, from birth to age 22.

At its Annual Dinner on May 9, the Massachusetts Bar Association will present the 2019 Access to Justice Awards to six attorneys and one law firm, in recognition of their exemplary legal skills and service to the community. In this episode, host Jordan Rich talks with the honorees about the inspiring stories behind their awards. The 2019 Access to Justice Award winners are: Rising Star, Gina Plata-Nino (Worcester); Legal Services Attorney, Luz A. Arévalo (Boston); Pro Bono Law Firm, Sherin and Lodgen LLP (Boston); Pro Bono Publico Attorney, Stephen A. Smith (Norfolk); Defender, Tinia L. Snow (Roxbury); Prosecutor, Adrian Bispham (Boston); and Lifetime Achievement Award, Judith Liben (Boston).

For attorney Lynne Parker, the 20th Annual Walk to the Hill for Civil Legal Aid on Jan. 24 at the Massachusetts State House will be her first as the new executive director of the Massachusetts Legal Assistance Corporation (MLAC). But Parker is no stranger to the world of legal aid, having worked more than three decades advocating on behalf of low-income residents, most recently in New Hampshire. In this episode, Parker talks with host Jordan Rich about MLAC’s role as one of the primary funders of civil legal aid organizations in Massachusetts and why funding for legal aid — the drive behind the Walk to the Hill event — is so vital to low-income Massachusetts residents facing life-changing legal challenges. For more information on the Walk to the Hill for Civil Legal Aid, see www.equaljusticecoalition.org.

If you're fortunate enough to hit the jackpot in Massachusetts, you'll quickly find that winning the lottery is more than just a question of numbers. There are several considerations to think about before you're able to enjoy your winnings. Who claims the prize? Who signs the winning ticket? Should you take a lump sum or installment payments? Should you go public with your good news? In this episode, Nancy Weissman, an attorney whose practice includes representing lottery winners, talks with host Jordan Rich about what to expect if you win the lottery in Massachusetts.

In this episode, host Jordan Rich talks with new Massachusetts Bar Association President Christopher A. Kenney about his goals for the 2018-19 year, including the MBA's role in promoting civics and civic education. Kenney also unveils plans for the MBA Trial Academy, which will train the next generation of trial lawyers and encourage them to provide limited assistance representation (LAR)to unrepresented individuals in court. The MBA's Leadership Academy and the association's work with the courts on lawyer well-being are also discussed.

Do you need a license to drive a boat? Can you swim on a private beach? Are you allowed to have a fire pit or serve alcohol at your backyard BBQ? In this episode, host Jordan Rich talks with Boston attorney Samuel A. Segal, chair of the Massachusetts Bar Association's Young Lawyers Division, about the Massachusetts laws governing everyone's favorite summertime activities.

The Massachusetts Bar Association has released a new MassBar Beat podcast episode in English and Spanish that discusses the language resources for non-English speakers who are looking for a lawyer or going to court in Massachusetts.

Host Jordan Rich speaks with attorney and MBA Executive Management Board member Melissa A. Juárez about the multilingual resources offered by the Massachusetts Bar Association's Lawyer Referral Service, and the translation services offered by the courts. You'll also learn about some new ideas for increasing access to justice in Massachusetts, including Spanish-language drug courts.

La Asociación de Abogados de Massachusetts ha lanzado un nuevo episodio de podcast de MassBar Beat en Inglés y Español que analiza los recursos de idiomas para personas que no hablan Ingles y necesitan un abogado ó necesitan ir a la corte con un intérprete.

La anfitriona, Iliana Burton, habla con la abogada Melissa Juárez sobre los recursos multilingües ofrecidos por el Servicio de Referencia de Abogados de la Asociación de Abogados de Massachusetts, y los servicios de traducción que ofrecen las cortes. También aprenderá sobre algunas ideas nuevas para aumentar el acceso a la justicia en Massachusetts, incluídos Las cortes de drogas en Español.

¿Cómo puede encontrar un abogado que hable su idioma cuando su inglés es limitado? ¿Qué pasa cuando va a la corte? En éste episodio, que también está disponible en Español, conozca los recursos disponibles para ayudar a los que no hablan inglés a tener éxito en los tribunales de Massachusetts. La anfitriona, Iliana Burton, habla con la abogada Melissa A. Juárez sobre los recursos multilingües ofrecidos por el Servicio de Referencia de Abogados de la Asociación de Abogados de Massachusetts, y los servicios de traducción que ofrecen las cortes. También aprenderá sobre algunas ideas nuevas para aumentar el acceso a la justicia en Massachusetts, incluídos Las cortes de drogas en Español. (This podcast is also available in English.)

April 2018 will be remembered as the month when lawmakers introduced the most ambitious reform of Massachusetts’ criminal justice system in decades. Signed into law by Gov. Charlie Baker, the sweeping legislation was the result of a bipartisan compromise between Democrats and Republicans, with additional support from prosecutors, attorneys and advocacy organizations, including the MBA.

“Criminal Justice Reform: The Latest on the New Law” educates legal professionals and the public about specific provisions contained in the bill, with expert analysis by MBA member attorneys Anthony J. Benedetti of the Committee for Public Counsel Services and Lee J. Gartenberg of the Middlesex County Sheriff’s Department. Hosted by Jordan Rich, the podcast examines fundamental changes related to the treatment of juvenile offenders, major reforms to the bail system, and the elimination of mandatory minimums for certain low-level offenses, among many other topics.

The second of a two-part series, attorney Thomas M. Bond, chair of the Massachusetts Bar Association's Judicial Administration Section, talks with host Jordan Rich about appearing as an attorney in state court (Superior Court, in particular) in Massachusetts. You'll learn about the benefits of having your case in state court, get an overview of some of the most important rules, and hear insights on courtroom etiquette. Massachusetts Bar Association members can also access related materials on the topic in the Judicial Administration library on My Bar Access: is.gd/MBA_CourtRules.

The first of a two-part series, attorney Thomas M. Bond, chair of the Massachusetts Bar Association's Judicial Administration Section, talks with host Jordan Rich about appearing as an attorney in federal court in Massachusetts. You'll learn about the benefits of having your case in federal court, get an overview of some of the most important rules, and hear insights on courtroom etiquette. Massachusetts Bar Association members can also access related materials on the topic in the Judicial Administration library on My Bar Access: is.gd/MBA_CourtRules.

Elder law is more than just estate planning. As the population ages and people live longer, many will encounter important legal issues that can affect their home, health and financial well-being. In this episode, host Jordan Rich and attorney Alex L. Moschella, the chair of the Massachusetts Bar Association's Elder Law Advisory Committee, answer some commonly asked questions and discuss the MBA's Elder Law Education Program (www.massbar.org/elderlaw). From wills and trusts to health care proxies, powers of attorney, reverse mortgages and long-term care options, learn which documents and strategies are available to help you take control of your future.

Each day people facing life-changing legal issues are going to court alone because they don't qualify for legal aid or cannot afford a lawyer. It's created a justice gap. But there are efforts under way to address these unmet legal needs. Host Jordan Rich talks with attorneys Len Zandrow of UMass School of Law's Justice Bridge Legal Center (www.justice-bridge.org) and Damian Turco of Lawyers for Affordable Justice (www.lawyers4aj.org) about how legal incubators like theirs are working to close the justice gap by pairing newer attorneys, or lawyers committed to representing clients at discount, with modest-means clients.

From New York City cab driver to complex civil litigator, attorney Christopher P. Sullivan of Robins Kaplan LLP in Boston brings a variety of life experiences to his new role as president of the Massachusetts Bar Association. In this interview with guest host Jordan Rich, hear about Sullivan's initiatives for the coming year and why he believes attorneys are needed in the community more than ever.

From New York City cab driver to complex civil litigator, attorney Christopher P. Sullivan of Robins Kaplan LLP in Boston brings a variety of life experiences to his new role as president of the Massachusetts Bar Association. In this interview with guest host Jordan Rich, hear about Sullivan's initiatives for the coming year and why he believes attorneys are needed in the community more than ever.

The Massachusetts Bar Association's 2017 Access to Justice Awards honor seven attorneys and one law firm for their their exemplary legal skills and service to the community. Honorees include Rebecca Jacobstein, Committee for Public Counsel Services (Defender Award); Kevin J. Curtin, Middlesex District Attorney’s Office (Prosecutor Award); Andrew Troop, Pillsbury Winthrop (Pro Bono Publico Award); Christopher Mirick, Harvest Power Inc. (Pro Bono Publico Award); Brian Flynn, Greater Boston Legal Services (Legal Services Award); K&L Gates, Boston (Pro Bono Award for Law Firms); Weayonnoh Nelson-Davies, Community Legal Aid (Rising Star Award); and Claire Valentin, Children’s Law Center of Massachusetts (Rising Star Award).

The Massachusetts Bar Association's 2017 Access to Justice Awards honor seven attorneys and one law firm for their their exemplary legal skills and service to the community. Honorees include Rebecca Jacobstein, Committee for Public Counsel Services (Defender Award); Kevin J. Curtin, Middlesex District Attorney’s Office (Prosecutor Award); Andrew Troop, Pillsbury Winthrop (Pro Bono Publico Award); Christopher Mirick, Harvest Power Inc. (Pro Bono Publico Award); Brian Flynn, Greater Boston Legal Services (Legal Services Award); K&L Gates, Boston (Pro Bono Award for Law Firms); Weayonnoh Nelson-Davies, Community Legal Aid (Rising Star Award); and Claire Valentin, Children’s Law Center of Massachusetts (Rising Star Award).

Learn about "Defamation," an interactive courtroom drama that encourages its audience to examine stereotypes and perceptions of bias in the play, the legal system and beyond. Hear from Boston-area high school students and lawyers who watched the play last fall during the Massachusetts Black Lawyers Association's annual presentation of "Defamation." The Massachusetts Bar Association was a sponsor of the MBLA's program, and more recently has begun presenting a series of CLEs on eliminating bias in the legal system. Learn more about "Defamation" at www.defamationtheplay.com.

Homeless Court is a specialty court in Massachusetts that gives homeless individuals with minor infractions a chance to clear their records and get a new start. Leaders from the Massachusetts Bar Association's Young Lawyers Division had an opportunity to visit this "court of second chances" at the Pine Street Inn shelter in Boston. Listen in as they share observations, interviews and stories of hope from the presiding judge, the Pine Street Inn's Homeless Court coordinator, Homeless Court participants and the president of the Massachusetts Bar Association.

Trial lawyer Richard P. Campbell, one of the co-authors of the Massachusetts Bar Association Lawyers Journal's Privilege to Practice ethics column, relates the tale of a once-prominent attorney's fall from grace as a cautionary reminder about lawyers' ethical obligations to their clients AND their law firm colleagues -- and how you do need to sweat the small stuff.

Listen to highlights and excerpts from the 2016 State of the Judiciary Address, hosted by the Massachusetts Bar Association at the John Adams Courthouse in Boston on Oct. 20. This year's installment of this annual event featured remarks from Supreme Judicial Court Chief Justice Ralph Gants, Trial Court Chief Justice Paula Carey, Trial Court Administrator Harry Spence and MBA President Jeffrey Catalano. The speakers touched upon recent advances in the judicial branch, improved bench-bar relations and what's next for the courts in Massachusetts.

Veteran trial lawyer Christopher Kenney of Kenney & Sams PC in Boston, discusses how your attire, body language, tone of voice and other nonverbal cues can impact a judge or jury at trial. Kenney, who is also MBA Treasurer for 2015-16, shares practical tips from his own experience and from author Sonya Hamlin's book, "Now What Makes Juries Listen."