e-Journal
02-16
Mark your calendars: Court Advocacy Day set for March 19
Court and bar leadership ask attorneys to push for adequate court funding
The Massachusetts Bar Association
invites you to participate in Court Advocacy Day on Monday, March
19 at the Grand Staircase inside the Statehouse. Beginning at 11
a.m., the event will help reiterate the need for adequate funding
to sustain the critical needs of the Massachusetts Court System.
The event will open with a brief speaking program, after which
attendees will be encouraged to meet with their local
legislators.
An effort of the MBA and Boston Bar Association along with county
and specialty bars, the event complements the MBA's ongoing
awareness campaign on this topic.
"I encourage all bar members and the greater legal community to
support this cause in urging our legislators to approve necessary
funding for our courts," MBA President Richard P. Campbell
said.
The event will include speaking remarks from:
- Supreme Judicial Court Chief Justice Roderick L. Ireland;
- Chief Justice for Administration and Management Robert A.
Mulligan;
- MBA President Richard P. Campbell; and
- Boston Bar Association President Lisa Goodheart.
The MBA and BBA organized a similar grass-roots lobbying effort
in 2009.

Members of legal community participate in the MBA's Young Lawyers Division's Speed Networking event and reception on Feb. 9.
Free YLD Speed Networking event pairs new, experienced lawyers
More than 40 Massachusetts Bar Association attorneys and members
of the legal community participated in the Young Lawyers Division's
Speed Networking event and reception on Feb. 9 at the MBA's Boston
office.
The program, which paired newer attorneys with experienced
mentors, provided participants with an opportunity to gain insight
into and information about various legal practices.
Click
here to view event photos.
CPCS accepting Duggan, Marshall, Blitzman, Fitzpatrick and Liacos award nominations
The Committee for Public Counsel Services is seeking nominations
for five awards, which will be presented at the annual CPCS
Training Conference on Thursday, May 17 at the DCU Center in
Worcester. Nominations are being accepted for:
- The Edward J. Duggan Award for Outstanding Service;
- The Thurgood Marshall Award;
- The Jay D. Blitzman Award for Youth Advocacy;
- The Mary C. Fitzpatrick Children and Family Law Award; and
- The Paul J. Liacos Mental Health Advocacy Award.
For
additional nomination information, click here.
All nominations should be submitted to Denise Simonini, executive
assistant to the chief counsel, Committee for Public Counsel
Services, 44 Bromfield St., Boston, MA 02108, by fax to (617)
988-8495 or [e-mail dsimonini].
News from the courts
SJC seeks Trial Court judges' evaluations; 2012 edition of Massachusetts Guide to Evidence now available; 2011 annual report on Access to Justice Initiative issued
As part of the continuing program to evaluate and enhance
judicial performance, the Supreme Judicial Court is sending
questionnaires to attorneys, court employees and jurors to evaluate
Massachusetts Trial Court judges. Judges in Suffolk County in the
Boston Municipal, District, Juvenile, Housing, and Probate and
Family Courts will be evaluated starting Feb. 22.
Lawyers who have appeared in these courts in the last two years,
according to court records, will receive questionnaires. Attorneys
will receive an e-mail requesting them to log into our website to
complete the evaluation electronically. As required by statute, the
electronic system keeps the evaluations confidential and anonymous.
If there is no attorney's e-mail on record, then a paper
questionnaire will be mailed.
Inquiries concerning questionnaires and evaluations should be
directed to Mona Hochberg, SJC judicial performance evaluation
coordinator, at (617) 557-1156, or via e-mail.
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2012 edition of Massachusetts Guide
to Evidence now available
The Supreme Judicial Court and its Executive Committee on
Massachusetts Evidence Law announced the release of the 2012
edition of the Massachusetts Guide to Evidence on Feb. 10.
The SJC justices recommend use of the guide by the bench, bar and
public.
The 2012 edition is available for free on the web sites of the SJC, Appeals Court and Trial
Court. The print edition is available for purchase from the Flaschner Judicial Institute, which is again
providing a complimentary copy to every judge in the
commonwealth.
The 2012 edition reflects developments in Massachusetts evidence
law that occurred between Jan. 1, 2011 and Dec. 31, 2011. In
includes dozens of new opinions issued in 2011 by the SJC, Appeals
Court and the U.S. Supreme Court, as well as new sections
addressing industry and safety standards, electronic or digital,
consciousness of guilt or liability, and missing witness.
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2011 annual report on Access to
Justice Initiative issued
The 2011 Annual Report on the Access
to Justice Initiative in the Trial Court has been submitted.
The report discusses the role of technology in enhancing access to
justice, identifies grants obtained in 2011, and summarizes the
activities and accomplishments of five task forces.
Click here to learn more and view the
report.
LPM Tip

A theory of relativity: Time and space and client capture
The relative speed with which you follow up with potential
clients goes a long way to determining what sort of conversion rate
you have. The faster you follow up, the better it is; the slower
you follow up, the worse it is. The reason for this is simple:
people like to feel that they are important, and they want others
working for them who are, or who appear to be, on top of
things.
After you get a business card, or have an initial conversation
with a new prospect, when you get back to the office, or in front
of your computer, send them a follow-up e-mail (after you've told
them you will), with further information about what you do, and
about what you can do for them: make your initial formal contact as
personalized as possible, without letting such tailoring derail the
follow-up process you've created.
But, make that initial follow-up right away, because, if you
don't, you're far more likely to push it off longer than you
intended to. And, in the space of that time, your potential client,
if aggressive about getting legal help, may already have engaged a
more proactive attorney.
In addition to following up quickly, there are some other things
you should do to improve your chances of converting your potential
client into a kinetic one.
- Do what you say. If you've promised some specific
piece of information, or a resource, provide it. The most
convenient way to remember what you've promised is to write it on
the back of the potential client's business card; or, if the
potential client does not have a business card, you can write on
the back of one of your own, or send yourself a text message.
Clients want attorneys who are thorough and follow through, and who
pay attention to details. Show that you're capable of meeting
expectations from the jump.
- Conclude your follow-up with another action item.
You've derived your own 'action item' upon meeting your potential
client: letting them know you'll get them more information. Now
it's time to turn the tables. If you're following up via e-mail, as
you likely are, ask your potential client to do something: e-mail
you back with any questions; sign up for your eNewsletter; offer
availability for an initial consultation; etc. Whatever, something
to drive their action. While it's likely that your interest in
paying work will move the conversation forward in the beginning, at
some point, the potential client will need to take an actual step
in the direction of working with you. (Of course, you'll only
provide general information, and not legal advice, unless or until
you formalize an attorney-client relationship through the vehicle
of an executed, written fee agreement.)
- Offer the opportunity to subscribe to your information
portals. Provide a subscription link to your eNewsletter or
blog; if appropriate, ask the potential client to like your law
firm's Facebook page, or to follow you on Twitter. Do so within the
context of your e-mail signature, if you're looking for an
automated method. If you don't get them the first time, the
potential client may end up choosing to work with you later on, or
in the context of another matter; and, it's more likely that they
make that eventual decision if they receive regular updates on the
progress of your practice.
When you track your conversion rate of potential clients,
include within that analysis information related to how and how
quickly you followed up on your initial contact. You're likely to
find that this theory of relativity is in operation.
Tip courtesy of Jared Correia, Law Office
Management Assistance Program.
Published February 16, 2012
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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 Stephen
Seckler.

MBA Past Presidents and current leadership at the 2011-12 Past Presidents' Dinner on Nov. 17.
MBA seeks nominations for 2012-13 officer and delegate positions
Submit nominations to MBA Secretary by Friday, Feb. 24
The Massachusetts Bar Association is currently accepting
nominations for officer and delegate positions for the 2012-13
membership year. Nominees must submit a letter of intent and a
current resume to MBA Secretary Robert W. Harnais by 5 p.m. on
Friday, Feb. 24, 2012 to be eligible.
To submit a nomination, mail or hand deliver the information
to:
Massachusetts Bar Association
Attn: Robert W. Harnais, MBA Secretary
20 West St., Boston, MA 02111
If you have any questions about the nomination process, call MBA
Chief Operating Officer Martin W. Healy at (617) 988-4777.
Click
here for nomination and election procedures.
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Upcoming CLE seminar and program schedule
Learn relevant statutes, rules and leading cases at the March 1 "Divorce Basics: A View from the Bench and Bar' seminar.

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 session available for purchase
after live program through MBA On Demand.
Real-time webcast available for purchase
through MBA On Demand.
UPCOMING PROGRAMS
Fundamentals of a Civil Jury Trial: Courtroom
Conduct and Procedures
Wednesday, Feb. 29, 4-7 p.m.
Massachusetts School of Law, 500 Federal St.,
Andover
Divorce Basics: A View from the Bench and
Bar 
Thursday, March 1, 4:30-7 p.m.
MBA, 20 West St., Boston
Law Practice Management Section Educational Series:
Marketing Madness/Ethical Marketing 
Wednesday, March 7, 12:30-1:30 p.m.
MBA, 20 West St., Boston
SAVE THE DATE
33rd Annual Labor & Employment Law Spring
Conference
Friday, May 18, 9 a.m.-5 p.m.
Colonnade Hotel, 120 Huntington Ave., Boston
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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.
Section News: Upcoming meetings and special section events
Join in the Feb. 21 Labor & Employment, General Practice and Property Law section council meetings.
Labor & Employment Section
Council meeting
Tuesday, Feb. 21, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Labor &
Employment Section Council is scheduled for Tuesday, Feb. 21 from
4:30 to 6 p.m. All section members are invited to attend.
The guest speakers will be Ellen Messing, a partner at Messing,
Rudavsky & Weliky PC and Felix Springer, a partner at Day
Pitney LLP, who will speak about a new project initiated by the
federal courts: Initial Discovery Protocols for Employment Cases
Alleging Adverse Actions. Both Messing and Springer have been
working on the draft protocols.
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General Practice, Solo &
Small-Firm Section Council meeting
Tuesday, Feb. 21, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the General
Practice, Solo & Small-Firm Section Council is scheduled for
Tuesday, Feb. 21 from 5:30 to 7 p.m. All section members are
invited to attend.
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Property Law Section Council
meeting
Tuesday, Feb. 21, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Property Law
Section Council is scheduled for Tuesday, Feb. 21 from 5:30 to 7
p.m. All section members are invited to attend.