e-Journal
03-07
MBA News
MBA signs amicus brief in support of marriage equality
Click here to view a recent amicus brief in
the case of United States v. Windsor, signed by the
Massachusetts Bar Association, which challenges Section 3 of the
Defense of Marriage Act. In signing the amici, the MBA joins a
coalition of bar associations, civil and human rights groups and
public interest and legal service organizations.
The MBA has supported marriage equality since the early 1990s. In
addition to filing an amicus brief in Goodridge, the
landmark decision that legalized same-sex marriage in
Massachusetts, the association set-up a "Post-Goodridge
Task Force" to examine compliance issues related to the
decision.
2013 Member Appreciation Week, April 1-5
Participate in exclusive giveaways and raffles
Mark your calendar for the third annual "Member Appreciation
Week" from Monday, April 1 through Friday, April 5, 2013.
To thank you for your commitment, we invite you to participate
in exclusive events, giveaways and raffles. Winners will be
contacted each morning and their names will be posted on our
website at www.massbar.org.
Click here to enter the raffle
for the following prizes:
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Monday, April 1: View select MBA On
Demand CLE programs for FREE.
From Monday, April 1 to Friday, April 5 enter passcode: FREECLE,
at checkout to view a recorded MBA On Demand program for FREE. View
select programs, such as "Getting Paid," "How to Avoid Common
Mistakes New Lawyers Make," "How to Draft a Trust that Works" and
more.
-
Tuesday, April 2: Win one free dinner
pass with parking to the MBA's Annual Dinner on May 9 at the Westin
Boston Waterfront.
Be our guest at the 2013 Annual Dinner on Thursday, May 9 at the
Westin Boston Waterfront, 425 Summer St., Boston. Gov. Deval L.
Patrick will deliver the dinner's keynote address.
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Wednesday, April 3: Win "Free CLE for a
Year."
Attend any seminar or luncheon roundtable from April 1, 2013 to
August 31, 2014. Full-day conferences excluded.
-
Thursday, April 4: Join us for a FREE
Member Appreciation Dessert/Wine Tasting and Reception at
University of Massachusetts Club, 225 Franklin St., Boston.
Enjoy a variety of complimentary, decadent desserts paired with
a glass of wine. As a special treat to show our appreciation, "spin
to win" great prizes including two tickets to the April 15 Bruins
Game, a $150 Amex Gift card and more. R.S.V.P. here.
-
Friday, April 5: Win a "Free MBA
membership plus free LRS membership" for the 2013-14 year.
Thank you for your continued
support of the MBA.
Join your section/division on My Bar Access
Login today for practice resources.
Connect, share and collaborate with fellow MBA members on My
Bar Access. Visit
http://access.massbar.org/ today to join the
conversation.
Check out blog posts on:
- Divorce Arbitration: Nine Reasons For a Family Law Arbitration
Statute in Massachusetts;
- Marriage Equality: Politics and Supreme Court Briefs; and
- Divorce Mediation: Then and Now.
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:
- Login and agree to terms: Sign in
using your MBA user name and password and sign the Code of
Conduct.
- 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).
- 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].
Upcoming YLD networking event
R.S.V.P. for the March 26 "I Apologize" discussion and reception
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.
Join the MBA at the 2013 Mock Trial State Championship on March 20
The Massachusetts Bar Association would like to invite you to
the Mock Trial State Championship on Wednesday, March 20 at
10 a.m. in the Great Hall located in Boston's historic Faneuil
Hall.
First organized in 1985, the MBA's Mock Trial tournament places
high school students in a simulated courtroom to assume the roles
of lawyers and witnesses in a hypothetical case. In this year's
criminal case, the prosecution alleges the defendant poisoned and
killed his great-aunt by tampering with her medication. The defense
claims the great-aunt either died of a natural heart attack or was
murdered by either her live-in caretaker or another relative upset
about her reduction of their inheritance.
The 2013 Mock Trial Championship will be judged by a three-member
panel similar to the process used at the National Competition. The
finals will be comprised of a presiding judge, who will conduct and
score the trial, as well as two additional scoring judges. The team
listed as winner on the majority of ballots will be the state
champion.
This year's panel is:
- Hon. Howard Whitehead, presiding justice, Massachusetts
Superior Court;
- Hon. John Lu, Massachusetts Superior Court; and
- Hon. Kathe Tuttman, Massachusetts Superior Court.
To R.S.V.P. to attend the
2013 Mock Trial Championship [e-mail mocktrial] or call (617)
338-0570 by Friday, March 15.The law firm of
Brown Rudnick is sponsoring the statewide Mock Trial Program as it
has since 1998.
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
The intersection of convenience and care: Informed consent for cloud applications
On May 17 of last year, the Massachusetts Bar Association's House of Delegates approved for publication an
ethics opinion related to attorneys' use of cloud-based programs.
You can read the opinion in full here. (Massachusetts is one of 15 states that
have issued opinions respecting the ethics of cloud computing;
every state issuing an opinion has approved the practice. The American
Bar Association's Legal Technology Resource Center maintains a full list.) The main thrust of the ethics
opinion is that attorneys using cloud-based technology should make
reasonable efforts to secure the confidentiality of information
maintained on those systems.
However, it is the subsidiary point addressed in Opinion 12-03 that is the focus of this tip.
The opinion reads, in pertinent part, that the 'Lawyer remains
bound to follow an express instruction from his client that the
client's confidential information not be stored or transmitted by
means of the Internet, and that he should refrain from storing or
transmitting particularly sensitive client information by means of
the Internet without first seeking and obtaining the client's
express consent to do so.' This is an important consideration. The
opinion takes into account the fact that the client's file is the
client's, and that the attorney-steward has certain obligations to
protect the client's information (broad obligations are outlined at
the Massachusetts Rules of Professional Conduct, Rule 1.6). But, the opinion also addresses
other aspects of the attorney-client relationship, beyond the
securing of data (and, not just 'particularly sensitive' data --
all client information should be rendered confidential via vetting
and security procedures respecting cloud tools), including
balancing between convenience and transparency. It makes sense for
attorneys to use cloud services in a modern practice, due to cost
efficiencies and collaboration advantages. But, it also makes sense
to disclose to clients the services the law firm uses (you probably
won't find many clients these days who are unwilling to let you use
internet services at all, as the opinion seems to intimate
might be the case). This is a convenient way to educate clients
about the ways in which they'll communicate with the firm; it also
sets their minds at ease respecting the security of their data.
Clients are searching for good lawyers; but, they're also searching
for honest lawyers; and, transparency makes up the greater part of
honesty. And, in addition to providing a marketing edge (an
attorney who is clear and up-front about data security and
technology services appears as thorough, competent and savvy), the
acquisition of informed consent from clients respecting technology
products is potentially useful for protecting yourself in the event
of a breach of a particular service over which breach you had
little to no control.
Saying that one should get informed consent is one thing; but,
figuring out how to acquire informed consent is another thing. One
solution is to include a term in your fee agreement respecting the
technology products you use in your office and some information
respecting the security of those technology products. The fee
agreement memorializes the relationship between the attorney and
the client; but, smart lawyers use fee agreements as educational
tools for the clients they will work with. Before you get a
signature on your fee agreements, explain to your clients the
technology you use, with a brief overview of each product
(including those security components -- the ones the system
applies, and your own). You should also use this teaching moment to
educate your clients on the ways in which they can secure their own
data (relevant to the case), including maintaining confidentiality
for the data they send to you (e.g. -- apply strong personal
passwords for access to firm collaboration tools). While some
attorneys may view this sort of thing as just another
administrative hassle, many others will see this as an opportunity:
to educate clients, to protect themselves and to market the law
firm.
You can access all of the opinions of the MBA's Committee on Professional Ethics here.
Tip courtesy of Jared Correia, Law Office Management Assistance
Program.
Published March 7, 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.
CPCS accepting applications for CAFL Appellate Panel Certification Training Program
The Committee for Public Counsel Services is accepting
applications for the Children and Family Law Appellate Panel
Certification Training Program.
Applicants must have the following minimum qualifications:
Demonstrated proficiency in legal research and writing; and at
least one of the following:
- Two years of child welfare trial experience;
- Primary authorship of two or more appellate briefs in other
subjects;
- A recent appellate clerkship, substantial editing experience
for a law journal, or publication of a law journal article.
Admission into the training is competitive and not all
applicants will be admitted. Applicants may be required to
participate in an in-person interview.
Applicants must attend the one-day appellate training program at
the Courtyard Marriott in Marlborough on Friday, May 3, 2013, and
either be certified to accept trial level CAFL assignments, or
attend the first four days of the CAFL trial panel certification
training program on April 8-11, 2013 at MCLE, 10 Winter St.,
Boston.
To be considered, please submit two completed applications to:
Rita Caso, certification coordinator, Children and Family Law
Division, 44 Bromfield St., Boston, MA 02108. Two copies of the
application including references must be received at the CAFL
administrative office no later than Monday, March 11,
2013. No portion of the application, including
writing samples, will be returned. Incomplete applications
will not be reviewed. Please do not submit payment until after
receiving confirmation that you have been accepted into the
training, at which point payment should be made directly to MCLE to
reserve a seat in the program.
For further information regarding the appellate panel
certification process, please contact Rita Caso at (617) 988-8444
or [e-mail rcaso].
Tell us why you belong to the MBA
MBA Vice President Robert W. Harnais wishes he had become more involved with the MBA earlier in his 22-year career because of the resources it has provided his practice. 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.
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:
Facebook
Twitter: Follow hashtag
#iBelong2MassBar
LinkedIn
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
Have questions about how the new CORI law impacts children and parents involved in the child welfare system? Register for the March 13 "Juvenile CORI Reform Roundtable."
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
Lifecycle of a Business Part IV: Mergers
& Acquisitions & Bankruptcy 
Tuesday, March 12, 5-7 p.m.
MBA, 20 West St., Boston
Managing Your Work Search Session II:
Mental Self-Management -- Staying Positive, Proactive and
Motivated
Wednesday, March 13, 10 a.m.-noon
MBA, 20 West St. Boston
Juvenile CORI Reform Roundtable
Wednesday, March 13, 4-6 p.m.
MBA, 20 west St., Boston
Juvenile & Child Welfare Legal Chat
Series
Friday, March 15, 1-2 p.m.
NOTE: There is no on-site attendance for Legal Chats.
Law Firm Business Plan Workshop
Wednesday, March 20, 2-5 p.m.
MBA, 20 West St., Boston
Managing Your Work Search Session III:
Finding a Satisfying Legal Position When Most of Them are NOT
Advertised
Wednesday, March 27, 10 a.m.-noon
MBA, 20 West St., Boston
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Unable to attend February seminars? Practitioners who were not
able to attend MBA CLE programs in February can now view select
programs on MBA On Demand. MBA On Demand is an innovative MBA
member benefit that offers you the opportunity to watch an MBA
program from the comfort of your home or office, at a time that
suits your schedule.
In addition, watching an MBA seminar or conference just got
easier. All previously recorded MBA On Demand programs are now
available anytime, anywhere on your mobile device.
February CLE programming now available includes:
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 March 12 Health and Family Law section council meetings. Attend the March 13 Individual Rights, Immigration Law and Juvenile & Child Welfare section council meetings.
Health Law Section Council
meeting
Tuesday, March 12, 5:15-6:45
p.m.
MBA, 20 West St., Boston
The next meeting of the Health Law Section Council is scheduled
for Tuesday, March 12 from 5:15 to 6:45 p.m. All section members
are invited to attend.
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Family Law Section Council
meeting
Tuesday, March 12, 5:30-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Family Law Section Council is scheduled
for Tuesday, March 12 from 5:30 to 7 p.m. All section members are
invited to attend.
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Individual Rights &
Responsibilities Section Council meeting
Wednesday, March 13, 4-5:30
p.m.
MBA, 20 West St., Boston
The next meeting of the Individual Rights & Responsibilities
Section Council is scheduled for Wednesday, March 13 from 4 to 5:30
p.m. All section members are invited to attend.
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Immigration Law Section Council
meeting
Wednesday, March 13, 4:30-6
p.m.
MBA, 20 West St., Boston
The next meeting of the Immigration Law Section Council is
scheduled for Wednesday, March 13 from 4:30 to 6 p.m. All section
members are invited to attend.
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Juvenile & Child Welfare
Section Council meeting
Wednesday, March 13, 6-7
p.m.
MBA, 20 West St., Boston
The next meeting of the Juvenile & Child Welfare Section
Council is scheduled for Wednesday, March 13 from 6 to 7 p.m. All
section members are invited to attend.
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