e-Journal

03-28

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Top: MBA President Robert L. Holloway Jr. addresses the delegates.
Second from top: Chief Justice Paula M. Carey provides an informational report on the Probate and Family Court.
Middle: Worcester County Regional Delegate J. Gavin Reardon; MBA President-elect Douglas K. Sheff; and MBA Treasurer Marsha V. Kazarosian.
Second from bottom: MBA Vice President Christopher P. Sullivan; Mass. LGBTQ Bar Assoc. Delegate Timothy G. Lynch; and Access to Justice Section Chair Isabel S. Raskin.
Bottom: Worcester County Bar Delegate Margaret J. Hurley; Law Practice Management Section Chair Thomas J. Barbar; and Suffolk County Regional Delegate Catherine E. Reuben.

Photos by Tricia Oliver.

Delegates approve a section name change, a measure to pump more funds into IOLTA and improved workers compensation death benefits

Chief Justice Carey provides an update on the Probate and Family Court

Following three Boston-based House of Delegates meetings, MBA President Robert L. Holloway Jr. convened the House at the Sheraton Framingham last Thursday for its March meeting.

Delegates voted on business brought forth by the Access to Justice and Property Law sections and the Workplace Safety Task Force. Special guest and Chief Justice of the Probate and Family Court Paula M. Carey provided an update on her department and MBA leaders delivered their informational reports.

HOD members voted favorably on the three Access to Justice measures. First, members voted to support in principle Senate Bill No. 417 with the recommendation that the bill would be amended by striking the first paragraph. The bill is an act to ensure full compliance with the good funds statute, which protects citizens who borrow money against their homes. It strengthens the requirements that funds are available for dispersment immediately at the closing. Second, HOD voted to support the recommendation for Massachusetts Rules of Civil Procedure to provide for at least 50 percent of class action residuals be disbursed to the IOLTA Committee. Lastly, delegates approved the nominees recommended by the section to receive the 2013 Access to Justice Awards. Those honorees include Legal Services Attorney awardees Ruth A. Bourquin of Massachusetts Law Reform Institute and James Breslauer of Neighborhood Legal Services; Pro Bono Law Firm awardee Brown Rudnick; Pro Bono Publico Attorney awardee Timothy G. Lynch of Swartz & Lynch LLP; Defender awardee Gloria Tan of the Harvard Law School's Criminal Justice Institute; and Prosecutor awardee Adam J. Foss with the Suffolk County District Attorney's Office. Look for articles on all of the honorees in the May issue of Lawyers Journal.

The delegation also approved the name change of the MBA's Property Law Section to the Real Estate Section. And, the group voted to support in principle House Bill No. 1698 and Senate Bill No. 866, both pending before the Committee on Labor and Workforce Development. If passed, the legislation will increase the workers compensation burial allowance from $4,000 to $8,000.

Chief Justice Carey's remarks came following what she described as a "seminal year." Carey's first term as Chief Justice of the Probate and Family Court came to a close and she was reappointed for another five-year term. Carey painted a broad picture of her department's strategic planning process, which really made headway at a "Vision for the Future" conference last November. Included as part of the strategic planning for her department is an innovative collaboration with Boston College MBA candidates to develop recommendations for improved business practices and other efficiencies. Carey also mentioned the Probate and Family Court's push for more educational videos for litigants to be featured on the department's website; a pilot program for staggered scheduling in Norfolk County; and improvement measures related to domestic violence screening and giving children a voice in court. Carey also thanked the bar for all its help with the roll out of the Massachusetts Uniform Probate Code, noting that efforts of volunteer attorneys on related committees and necessary training were key in that transition.

Highlights of the MBA Officer Reports were updates from MBA Treasurer Marsha Kazarosian on the MBA Education Committee, from MBA Vice President Christopher Sullivan on the Membership Committee, from MBA President-elect Douglas K. Sheff on the Media Committee, from MBA Robert W. Harnais on the Diversity Committee and from MBA Secretary Martha Rush O'Mara on the Annual Dinner Committee. MBA President Robert L. Holloway Jr. detailed the MBA's recent court funding advocacy events, as well as the Mock Trial Championship. He also announced that the MBA would be honoring the Hon. Sandra Lynch, chief judge of the United States Court of Appeals for the First Circuit and WBUR-FM's News Department at the May 2 Excellence in the Law event co-presented with Massachusetts Lawyers Weekly.

The last report of the meeting came from MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy. Healy mentioned that Gov. Deval L. Patrick will deliver the keynote address and Rep. Brian Dempsey (D-Haverhill) will be honored with the Legislator of the Year Award at the MBA's Annual Dinner on May 9. Healy also noted that U.S. Sen. Elizabeth Warren announced that MBA Past President Michael E. Mone will serve as the MBA representative on the Advisory Committee on Massachusetts Judicial Nominations. Mone brings a "world of experience" to this committee, according to Healy.

Healy also provided updates on an "outrageous" workers compensation tax that is part of Patrick's FY 14 budget proposal, letting the delegates know that the MBA has stressed its opposition to this tax to legislative leaders. Healy also spoke about two juvenile justice measures to which the MBA has stressed its support. One would involve raising the age of those tried as adults from 17 to 18 and the other would change life without parole for juvenile inmates to the opportunity for parole following 15-25 years served.

The HOD meeting was adjourned following Healy's remarks. The May HOD meeting will take place on Wednesday, May 15.

 

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2013 Member Appreciation Week, April 1-5

Participate in next week's exclusive giveaways and raffles

Next week is the MBA's 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:

Thank you for your continued support of the MBA.

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Join our growing list of MBA 2013 Annual Dinner sponsors

The May 9 event will feature a keynote by Gov. Patrick, the presentation of the Legislator of the Year Award to State Rep. Brian S. Dempsey and the annual Access to Justice Awards.

The Massachusetts Bar Association will hold its 2013 Annual Dinner on Thursday, May 9 at the Westin Boston Waterfront, 425 Summer St., Boston. The event will feature a keynote address by Gov. Deval L. Patrick, 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 and the annual MBA Access to Justice Awards.

Consider attending this annual event as a sponsor. Click here for our growing list of 2013 Annual Dinner sponsors. Sponsorship opportunities include:

  • Platinum Sponsor ($5,000)
    Table for 10, full page ad in dinner program, firm logo projected at the dinner, sponsorship level recognition in Lawyers Journal and displayed on MBA website
  • Gold Sponsor ($3,500)
    Table for 10, 1/2 page ad in dinner program, firm logo projected at the dinner, sponsorship level recognition in Lawyers Journal and displayed on MBA website
  • Silver sponsor ($2,500)
    Table for 10, 1/4 page ad in dinner program, firm logo projected at the dinner
  • Table for 10 ($1,500)

Click here to register for the MBA's 2013 Annual Dinner online. For a printable PDF outlining the above sponsorship opportunities and table reservation information, click here. For additional information call (617) 338-0543.

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Mass. Criminal Justice Reform Coalition releases Crime, Cost and Consequences: Is it time to get smart on crime?

The Massachusetts Criminal Justice Reform Coalition this week released its first report, Crime, Cost, and Consequences: Is It Time to Get Smart on Crime. The 40-page report outlines the real costs of the state's current incarceration system and presents reforms to both curb those costs and improve public safety.

Among the recommendations are:

  • Placing a moratorium on state and county prison expansion;
  • Revisiting the state's approach to sentencing and sanctions;
  • Expand the use of community supervision and pre-release; and
  • Review current condi­tions of confinement, programming, and program quality across the system.

MBA Chief Operating Officer and Chief Legal Counsel Martin W. Healy sits on the council, comprised of prosecutors and corrections practitioners, defense lawyers, community organizers and business executives. MassINC, a nonpartisan research group, commissioned the study.

Click here to read
Crime, Cost and Consequences: Is it time to get smart on crime?

R.S.V.P. for the April 11 "Young Lawyer Speed Networking" event and reception

2013 Speed Networking

Bring your business cards and join us on Thursday, April 11 for an evening of networking and fun at the MBA, 20 West St., Boston. The night will begin with a FREE speed networking session for new attorneys and members of the MBA's Young Lawyers Division at 5:30 p.m. The speed networking session will be followed by a cocktail reception where you will have the opportunity to mingle with members of the MBA's leadership.

There are a limited number of seats available for this event and therefore pre-registration is strongly encouraged.

Click here to R.S.V.P.

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Left: Scott D. Goldberg, Esq., program chair, The Law Firm of Scott D. Goldberg PC, Boston.
Top right: Beth M. Padellaro, Esq., program co-chair, Frederick L. Nagle, Jr. Esq., Haverhill.
Bottom right: Frank J. Riccio, program co-chair, Law Office of Frank J. Riccio, Braintree.

Register for the April 24 "Third Annual Sole Practitioner, Small-Firm Symposium"

Learn to run your sole practice or small-firm smarter, better and cheaper; Attend networking reception

The Sole Practitioner and Small Firm section will sponsor the "Third Annual Sole Practitioner, Small-Firm Symposium" on Wednesday, April 24 from noon to 5 p.m. at Lombardo's. 6 Billings St., Randolph. Program panels will focus on ways to run your sole practice or small-firm smarter, better and cheaper.

 

A working lunch will be included and a networking reception will follow the symposium.

 

The symposium will include:

 

Marketing your value

  • Establishing your goals and objectives;
  • The business of practicing law; and
  • Marketing yourself.

Setting up your office

  • Locating and transitioning;
  • Equipping your office
  • Conducting research; and
  • Budgeting for cases and operating.

Managing your client and professional relations

  • Joining MBA and other associations;
  • Optimizing social media; and
  • Selecting your client.

Dealing with and separating from difficult clients

  • Getting assistance;
  • Controlling the client; and
  • Withdrawing from the case.

Balancing act: Work life and personal life

  • Managing your stress;
  • Addressing a substance abuse problem; and
  • Achieving your goals and objectives.

For more information, or to register, call Member Services at
(617) 338-0530 or click here.

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Join your section/division on My Bar Access

Login today and check out posts on "Rainmaking networks: Perfecting your sales," "Divorce Agreements: Where Have All the COLA's Gone?" 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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Join the MBA's Member-Get-A-Member campaign

Refer a colleague and be rewarded.

Join in the Massachusetts Bar Association's Member-Get-a-Member campaign. As a current member, you are the greatest testimony to the value of an MBA membership and we ask for your participation in recruiting at least one new member this association year.     

Take this opportunity to help expand the MBA's network of legal professionals statewide and strengthen our association's preeminent voice in the legal profession. Share your personal and professional MBA experiences and why you belong to the MBA with a colleague and be rewarded. See why others belong.

For every new member you recruit, you will be entered into our raffle for the following prizes:

  • Grand prize: $500 AMEX gift card
  • Second prize: $250 AMEX gift card
  • Third prize: $100 AMEX gift card

To be eligible, you must be identified as the source of the referral on the membership application.

To learn about the program, visit www.massbar.org/membergetmember
for guidelines and rules.

 

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Featured member benefit: Daily Legal Headlines

Looking for recent legal news?

Each morning, visit www.massbar.org to view the latest news headlines related to state and federal laws, the legal profession and the MBA. Updated every day, our headlines section is accessible on the Homepage and here.

Subscribe to the MBA's Headlines RSS feed here.

LPM Tip

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You need help

One of the key things that you do as a lawyer is to help your clients sleep better at night. You identify legal risks and work with your clients to manage these risks. In doing so, you enable your clients to focus more of their mental energy on their businesses and less on worrying about what might go wrong.

Lawyers also need help in running their law practices. But unlike people who run other types of businesses, lawyers are not very good at asking for help. ("I'm smart. I should be able to figure this out myself.")

In the complex world that we now live in, failing to get help can be a crucial mistake. As a lawyer, all you have to sell is your time. Do you want to spend your time doing client work and cultivating relationships that can lead to higher value client work? Or would you like to spend hours solving your computer problems, doing your own bookkeeping and preparing your own tax returns.

If you are just starting in practice, paying for help may not be feasible. Until you have generated some cash flow and until you are busy with client work, it may make sense to try a "do-it-yourself" approach for a while. But if that is the case, you can still tap into some of resources that are available to you at little or no cost. In doing so, you won't spend hours reinventing the wheel.

One source of free help is other lawyers who have been in practice for a while. There are many attorneys who remember what it was like to be starting out. Find someone who is willing to meet with you to discuss how to organize your practice. Find out what technology they use and how they do their billing.

A great resource is Massachusetts LOMAP (Law Office Management Assistance Program), an agency supported by your bar dues. LOMAP provides free technical support to lawyers in the areas of law office management and technology. They will work with any lawyer in Massachusetts and they do a great job.

The Law Practice Management Section of the MBA hosts seminars and meetings that are low or no cost. Check the calendar to see what is coming up.

As your law practice (and your cash flow) continues to grow, make sure that you hire professionals who can help YOU sleep better at night. Hire an accountant and bookkeeper to worry about the books. Get a technology consultant who can work on your firm's network while you spend time on legal work and marketing.

If you are spinning your wheels about where to focus your marketing energies, consider hiring a marketing coach. A good coach is a sounding board and provides guidance and encouragement to ensure that over time, you are doing the "right" things to help you elevate your reputation and build your referral relationships (and ultimately generate the work you want).

Initially, bringing in help may cause your cash flow to decrease. But hiring consultants is an investment in yourself and in your business. Getting help means giving yourself the time to produce higher quality work and to focus on building your business. You also get the benefit of learning how to run a more efficient and professional practice.

The great American myth is that people who are successful are self made. In truth, behind every successful politician, entrepreneur, athlete, performer or professional services provider is an army of support. So don't be afraid to get help yourself.  It will do wonders for your practice.

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

Published March 28, 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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News from the courts

Boudin to assume senior status; SJC releases new model jury instructions on homicide; SJC Pro Bono Honor Roll program materials now available

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Boudin to assume senior status

BoudinChief Judge Lynch of the First Circuit Court of Appeals has announced that the Hon. Michael Boudin intends to assume senior status on June 1, 2013.

Boudin was born in New York City in 1939 and graduated from Harvard University Law School in 1964. After working in private practice in Washington D.C., Boudin served as deputy assistant attorney general in the Antitrust Division of the Department of Justice for several years before being nominated by President George H.W. Bush in 1990 to the United States District Court for the District of Columbia. Boudin served as federal district judge and President Bush nominated him to the Court of Appeals for the First Circuit in 1992. Boudin was confirmed by the U.S. Senate on May 21, 1992 and served as chief circuit judge from 2001 to 2008.

"Judge Boudin is both an excellent jurist, exhibiting the highest standards of intellect and judgment, as well as an invaluable colleague and friend," Lynch said.

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SJC releases new model jury instructions on homicide

The Supreme Judicial Court has announced the release of new Model Jury Instructions on Homicide. The justices first approved and recommended the use of Model Jury Instructions on Homicide in 1999. In 2010, the justices created a new Committee on Model Jury Instructions on Homicide, chaired by SJC Justice Ralph Gants, and charged it with reviewing and updating the instructions.

The SJC approves and recommends the use of these Model Jury Instructions and additionally recommends that judges provide jurors with a "chalk" reflecting the requirements of proof for each homicide offense and lesser included offense as well as a recording of the judge's charge and a written copy of the charge where one is available. A chalk that summarizes the requirements of proof in cases of first degree murder, second degree murder, and manslaughter is included as an appendix to the Model Instructions.

This committee worked to create a set of instructions that would accurately reflect the current state of the law, and flow in a logical order so that jurors would better understand the instructions. Detailed citations have been provided to support each instruction. These instructions use words consistent with their ordinary meaning where the legal definition of a term differs from the ordinary meaning. For example, the committee no longer uses the term "malice" because its legal meaning differs from its lay meaning, and its legal meaning differed depending on the degree of murder charged.

The Model Jury Instructions on Homicide are not intended to be a comprehensive statement of the law, but rather to provide guidance on those instructions that are frequently given in trials of homicide cases, except vehicular homicide cases.

The Model Instructions, Chalk, Statement of the Justices and Committee Report are available here.

The members of the committee will review and propose revisions to these instructions as the law develops or changes. Comments on these model Instructions may be sent to [e-mail modelhomicide], and will be considered in future revisions of these instructions.

Click here to learn more.

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SJC Pro Bono Honor Roll program materials now available

The Supreme Judicial Court Pro Bono Honor Roll acknowledges the commitment to pro bono legal work by law firms, solo practitioners, in-house corporate counsel offices, government attorneys' offices, non-profit organizations and law schools which certify they have met specific criteria jointly established by the SJC's Standing Committee on Pro Bono Legal Services and the Access to Justice Commission. The Pro Bono Committee administers this recognition program on behalf of the court. Participation is entirely voluntary.

The certification form and program materials for calendar year 2012 are now available on the court's website.

Please forward information along to your colleagues, membership, faculty or anyone who may be interested in this program.

Questions? Contact Carol Lev, Esq., coordinator of Program and Policy Development for the SJC, at (617) 557-1074 or at [e-mail carol.lev].

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CPCS employment opportunities

The Committee for Public Counsel Services is committed to protecting the fundamental constitutional and human rights of its clients by providing zealous advocacy, community-oriented defense, and excellent representation.

Click here to view a current list of available positions, including chief appellate attorney of the Appeals Unit for the Public Defender Division.

Upcoming CLE seminar and program schedule

Register for an interactive "Law Firm Marketing Plan Workshop" on April 17.

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

R.S.V.P. for the April 2 Immigration Law open meeting on "Domestic violence victims: Affirmative asylum process." Join in the April 3 Law Practice Management Section Council meeting. The Public Law Section Council meeting is April 4. Attend the Civil Litigation Section Council meeting on April 8. Health Law and Family Law meet on April 9. Register for the April 10 Individual Rights & Responsibilities, Immigration Law and Juvenile & Child Welfare meetings.

Immigration Law Section open meeting

Domestic violence victims: Affirmative asylum process
Guest speaker: Attorney Rachel M. Self

Tuesday, April 2, 4-6 p.m.
MBA, 20 West St., Boston

On April 2, the Massachusetts Bar Association Immigration Law Section will host a presentation on the affirmative asylum process for victims of domestic violence.  Topics covered will be:

  • Who can file an affirmative asylum application;
  • When you should file the affirmative asylum application;
  • Strengths and weaknesses in your case;
  • How to prepare an affirmative asylum application for your client if he or she is the victim of domestic violence;
  • How to prepare your client;
  • How to document your case; and
  • Creative steps that lead to success.

Self is the founding member of Rachel M. Self PC, and appears regularly as a legal analyst for CNN and the Fox News Channel. Self represents individuals in criminal and immigration matters; specializing in criminal trial work, deportation defense, and post-conviction relief.

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

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Law Practice Management Section Council meeting

Wednesday, April 3, 5:15-6:45 p.m.
MBA, 20 West St., Boston

The next meeting of the Law Practice Management Section Council is scheduled for Wednesday, April 3 from 5:15 to 6:45 p.m. All section members are invited to attend.

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

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Public Law Section Council meeting

Thursday, April 4, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Public Law Section Council is scheduled for Thursday, April 4 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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Civil Litigation Section Council meeting

Monday, April 8, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Civil Litigation Section Council is scheduled for Monday, April 8 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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Health Law Section Council meeting

Tuesday, April 9, 5:15-6:45 p.m.
MBA, 20 West St., Boston

The next meeting of the Health Law Section Council is scheduled for Tuesday, April 9 from 5:15 to 6:45 p.m. All section members are invited to attend.

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

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Family Law Section Council meeting

Tuesday, April 9, 5:30-7 p.m.
MBA's Western Mass. office, 73 State St., Springfield

The next meeting of the Family Law Section Council is scheduled for Tuesday, April 9 from 5:30 to 7 p.m at the MBA's Western Mass. office in Springfield. All section members are invited to attend.

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

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Individual Rights & Responsibilities Section Council meeting

Wednesday, April 10, 4-5:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Individual Rights & Responsibilities Section Council is scheduled for Wednesday, April 10 from 4 to 5:30 p.m. All section members are invited to attend.

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

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Immigration Law Section Council meeting

Wednesday, April 10, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Immigration Law Section Council is scheduled for Wednesday, April 10 from 4:30 to 6 p.m. All section members are invited to attend.

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

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Juvenile & Child Welfare Section Council meeting

Wednesday, April 10, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Juvenile & Child Welfare Section Council is scheduled for Wednesday, April 10 from 5:30 to 7 p.m. All division members are invited to attend.

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

 

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