e-Journal

09-26

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Top (from left): MAHA President-elect Jessica A. Massey, MAHA President Danilo Avalon, Appeals Court Associate Justice Diana L. Maldonado, Chief Justice of the Probate and Family Court Angela M. Ordoñez, MBA President-elect Marsha V. Kazarosian, MBA Treasurer and MAHA Vice President Robert W. Harnais and MBA President Douglas K. Sheff.

Second from top (from left): MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy, United States Attorney for the District of Massachusetts Carmen Milagros Ortiz, MBA President Douglas K. Sheff and MBA President-elect Marsha V. Kazarosian.

Middle (from left): Chief Justice of the Trial Court Paula M. Carey, MBA President-elect Marsha V. Kazarosian, Chief Justice of the Probate and Family Court Angela M. Ordoñez, United States Attorney for the District of Massachusetts Carmen Milagros Ortiz, Appeals Court Associate Justice Diana L. Maldonado and MBA President Douglas K. Sheff.

Second from bottom (from left): Gov. Deval L. Patrick's Chief Legal Counsel Kate Cook, MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy and Governor's Councillor Jennie L. Caissie.

Bottom (from left): MBA Treasurer Robert W. Harnais; Governor's Councillors Jennie L. Caissie, Michael J. Albano and Robert L. Jubinville; MBA President-elect Marsha V. Kazarosian.

MBA and MAHA honor Chief Justice Ordoñez and the Associate Justice Maldonado

The Massachusetts Bar Association and Massachusetts Association of Hispanic Attorneys (MAHA) co-hosted a Sept. 25 reception during Hispanic Heritage Month to honor the appointments of the Hon. Angela M. Ordoñez as chief justice of the Probate and Family Court, and the Hon. Diana L. Maldonado as associate justice of Massachusetts Appeals Court.

MBA President Douglas K. Sheff welcomed everyone to the reception and expressed how proud the MBA and MAHA were to honor such "role models and icons in the Hispanic legal community." Noting the MBA's strong, ongoing support for the Latino community, Sheff said, "My only hope is that our [MBA] work has, and will continue to, make you proud of us as well."

Ordoñez is Massachusetts' first Hispanic chief justice. She received her law degree and a bachelor's degree in criminal justice from Northeastern University. Appointed a Probate & Family Court judge in 2000, Ordoñez was appointed first justice of Norfolk County in 2011, after having served as first justice of Nantucket County. In 2010, she was named a Distinguished Jurist by the Massachusetts Association of Women Lawyers and she is the recipient of the Las Primeras Award from MAHA. Ordoñez created of the MBA's Tiered Community Mentoring Program in 2009; while serving Nantucket County, she created the Community Court Program and introduced a Lawyer for the Day program.

"Chief Justice Ordoñez is a zealous crusader for women, a tireless champion of her Hispanic culture and community, and a full-time advocate of the underrepresented," said MBA President-elect Marsha V. Kazarosian. "She is practical, organized and empathetic. These are all things that make her so special . . . they are what make her so effective . . . they are what make her the best person for this job."

Maldonado is the first Hispanic judge appointed to the Massachusetts Appeals Court. She received her law degree from Northeastern University School of Law and her B.A. from State University of New York at Stony Brook. First appointed as an associate justice of the Chelsea District Court, Maldonado founded and presided over the Chelsea Drug Court until she became the first justice of the Chelsea District Court in 2009. She is a former president of the Suffolk County Drug Court Advisory Board and former board member of the New England Association of Drug Court Professionals.

"In many ways, this appointment is just a homecoming, as Judge Maldonado started her legal career in 1985 as a clerk to Justice Frederick L. Brown of the Massachusetts Appeals Court," said MAHA President Danilo Avalon. "Welcome home and congratulations Justice Maldonado."

Click here to view reception photos.

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Photograph by Jason Scally
Supreme Judicial Court Justice Ralph D. Gants speaks to Massachusetts Bar Association leadership at the September 2013 House of Delegates meeting.

Delegates establish new section, welcome Justice Gants

Workers' Compensation is the newest Massachusetts Bar Association section after unanimous approval by the House of Delegates during its Sept. 19 meeting, held at the MBA's Boston headquarters. The proposal to add the new section was part of the robust agenda for the meeting, which also featured guest remarks by Supreme Judicial Court Justice Ralph D. Gants along with several other new business items and officer reports.

Presiding over the first meeting of the 2013-14 association year, new MBA President Douglas K. Sheff thanked immediate Past President Robert L. Holloway for his work on behalf of the bar. Sheff then spoke about his own goals going forward, which included working with judges to improve the dialogue between the bench and the bar.

Sheff introduced Gants as the first of many distinguished guests who will be invited to speak at House of Delegates meetings this year. Calling Sheff a "drum major for justice," Gants echoed the MBA president's remarks about re-establishing connections with the judiciary and said he was excited about the MBA's plans for more bench-bar meetings. As part of improved communications, Gants urged the bar to take an active role when the SJC asks for comments on proposed rules. "It's terribly important when you folks have an opportunity to comment that you take advantage of it," the judge said.

Gants said it was an "exciting time in the court system," citing new court leadership in Trial Court Chief Justice Paula M. Carey and Court Administrator Harry Spence. He said court officials would take a hard look at specialty courts and look for ways to improve access to justice as part of the judiciary's philosophical shift towards being "problem solvers."

Addressing the delegates, Gants emphasized the importance of pro bono, and he also called upon experienced attorneys to look for mentoring opportunities. "We need to find a way not to lose a generation of attorneys," the judge said.

Following Gants remarks, President-elect Marsha V. Kazarosian gave the first officer's report and announced she would be testifying about an increase to the Workers' Compensation death benefit at a hearing on Oct. 8. Vice Presidents Christopher P. Sullivan and Martha Rush O'Mara then provided a report about the Membership Committee, which they co-chair, and noted that it will include representatives from all section councils. Robert W. Harnais and Christopher A. Kenney also delivered their first reports as MBA treasurer and secretary, respectively.

MBA Chief Legal Counsel and Chief Operating Officer Martin W. Healy thanked supporters of the MBA-backed juvenile jurisdiction law, which Gov. Deval Patrick had signed. He also noted that Past President Kathleen O'Donnell is chairing a committee to deal with the SJC's request for comments on proposed changes to Rules of Professional Conduct regarding advertising.

For a full report for the MBA's September House of Delegates meeting, look in the October Lawyers Journal.

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Attend the Mass. Bar Foundation’s Western Mass. Reception

The MBF will honor Judge Fields in Springfield and celebrate this year’s grant recipient organizations on Oct. 3

The Mass. Bar Foundation invites you to attend next week's Western Mass. Reception on Thursday, Oct. 3, from 4:30 to 6:30 p.m., in Springfield.

The MBF will honor Hon. Robert G. Fields with its President's Award, for his exemplary service to the MBF and the greater Massachusetts legal community. Fields is receiving the MBF President's Award for his ongoing commitment to increasing access to justice for low-income Massachusetts citizens.

Attend and celebrate the important work MBF grantee organizations do every day.

Click here to R.S.V.P.

Notable & Quotable: MBA members in the media

Notable & Quotable

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Federal judge nominations in Massachusetts

 

Healy for Notable"It is not unusual because of the partisan gridlock in Washington for any of the president's nominations to take up to a year. And again, with the support of the local U.S. senators that we have from Massachusetts, that will make a tremendous difference in getting the president's nomination through."

MBA Chief Legal Counsel Martin W. Healy, WGGB, Sept. 24

Speaking to Springfield's ABC affiliate, Healy applauded President Obama's nomination of three Massachusetts attorneys for federal judgeships: Hampden District Attorney Mark Mastroianni, Boston lawyer Indira Talwani and Harvard Law School professor David Jeremiah Barron. He urged the Senate to move quickly to fill the long-standing vacancies.

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Aaron Hernandez case

 

Sheff for Notable"I think she's the perfect judge for this case. She's extremely thoughtful and is among the highest regarded judges on the bench."

MBA President Douglas K. Sheff, Fall River Herald, Sept. 22

Sheff was one of the lawyers quoted in an article about the selection of Bristol County Superior Court Judge E. Susan Garsh to preside over the murder trial of former New England Patriot Aaron Hernandez. Sheff said, "She is going to figure out a way to be fair to everyone."

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New juvenile jurisdiction law

 

Rush OMara for Notable"Some of them can barely put a sentence together, never mind be their own advocate."

MBA Vice President Martha Rush O'Mara, Cape Cod Times, Sept. 19

Rush O'Mara, who practices mainly in the Boston Juvenile Court, commented on the new juvenile jurisdiction law, explaining why the juvenile system is the proper place for 17-year-olds. The law was initially filed as House Bill No. 1432. In April 2013, Rush O'Mara joined Joshua Dohan, director of the Youth Advocacy Division at CPCS, to testify in favor of House Bill 1432.

"Seventeen-year-olds are still mentally developing, and should be treated as a juvenile under our criminal justice system."
MBA Chief Legal Counsel Martin W. Healy, WBUR, Sept. 18

Healy was quoted after the governor signed into law MBA-backed legislation that raised the age of Juvenile Court jurisdiction from 17 to 18 years old. The MBA pushed strongly for this change, because it allows the commonwealth's youngest offenders the opportunity to become productive and successful citizens through the rehabilitative nature of the Juvenile Court.

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Recent MBA releases

 

 

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Top: Chief Justice Ireland at the 2012 MBA Bench-Bar Symposium.

Bottom (from left): In addition to Ireland, Chief Justice of the Trial Court Paula M. Carey and MBA President Douglas K. Sheff are featured speakers at the 2013 Bench-Bar Symposium on Oct. 16.

Chief Justice Ireland to deliver Annual Address at Bench-Bar Symposium

Supreme Judicial Court Chief Justice Roderick L. Ireland will deliver his Annual Address to the Legal Community at the Massachusetts Bar Association's Bench-Bar Symposium. The event will take place at 4 p.m. on Wednesday, Oct. 16, at the John Adams Courthouse.

This year, Trial Court Chief Justice Paula M. Carey will also offer her remarks, her first to the bar since being appointed to her current position in May. Carey previously served as the chief justice of the Probate & Family Court since 2007. MBA President Douglas K. Sheff will also speak at the event.

The event is free to attend for members of the Massachusetts judiciary and bar; however, those interested in attending should register as space is limited. Click here to register.

The speaking program will be followed by a special reception with complimentary appetizers and beverages.

MBA celebrates the start of 2013-14 association year with 'Welcome Back' member reception

Welcome Back Reception

The Massachusetts Bar Association hosted its first member reception of the 2013-14 association year on Thursday, Sept. 19, at the Back Deck, 2 West St., Boston.

The networking event offered members of the legal community an opportunity to relax and mingle with MBA leadership, while enjoying complimentary beverages and hors d'oeuvres.

Click here to view event photos.

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Photograph by Elizabeth A. O'Neil
From left: Program panelists Michael Zeytoonian, chair of the MBA's ADR Committee; Sarah E. Worley of Sarah E. Worley Conflict Resolution; Danilo A. Avalon of Avalon Law Office PC.

MBA's Alternative Dispute Resolution Committee sponsors 'best practices' program

On Wednesday, Sept.18, the Massachusetts Bar Association's Alternative Dispute Resolution Committee sponsored a "best practices" program for law students and attorneys at the University of Massachusetts School of Law in North Dartmouth. This program shared tips and insights to help attorneys maximize their ADR experience and learn how cultural background, language and life experiences influence the way clients view ADR.

Presentations were made by Danilo A. Avalon of Avalon Law Office PC in Boston and Francis L. Lynch III of Lynch & Lynch in South Easton. Other presenters included ADR Committee members Brian R. Jerome of Massachusetts Dispute Resolution Services in Salem, Sarah E. Worley of Sarah E. Worley Conflict Resolution in Boston and Michael A. Zeytoonian of Dispute Resolution Counsel LLC in Wellesley Hills.

LPM Tip

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The dreaded networking event

A common piece of marketing advice is that it is important to "network." For many attorneys, though, the mere mention of the word networking sends shivers down their spine. It conjures up bad memories of feeling isolated and uncomfortable at large parties in high school.

Of course there are some lawyers who thrive on being out and about and who enjoy meeting new people in large social situations. And for those lawyers, attending networking functions can certainly help to build relationships (which can lead to direct business or referrals).

But for the rest of us, walking into a big room at a trade association event is nerve-racking, especially if we are unlikely to know many people at the event.

The good news is that attending large events is not a must when you are trying to build your practice. Networking is often more effective when done at the "retail level."

Going out to lunch with individuals who are potential clients and referral sources is networking too. So is going out for coffee or just scheduling a brief meeting at someone's office. In fact, for most of us, it is probably the best form of networking. Meeting one on one (or two on two), is a much better way to ensure that you have the chance to have a real conversation with someone and find ways to be helpful to them. It is a better way to be strategic in who you spend your time with and it gives you the chance to be more prepared (i.e. because you have an opportunity to do some homework before you meet with the individual).

There are many ways to build a referral network. The important thing is to choose those activities that you enjoy. If you like golf, by all means, spend time on the golf course with prospects you want to cultivate. If you enjoy nonprofit work, get involved with a board for an organization that interests you. Large events provide an opportunity to see a lot of people. But don't be afraid to think beyond these events. In the end, buying coffee for people on a regular basis might be the kind networking that works best for you.

Tip courtesy of Stephen Seckler, director of attorney recruitment and career advancement, Marc Z Legal Staffing and president, Seckler Legal Consulting and Coaching.

 

Published September 26, 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 Cynthia E. MacCausland or Vice Chair Damian J. Turco.
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Featured member benefit: Clio

Belong to the MBA and receive a 10 percent lifetime discount on the #1 cloud-based legal practice management system for solos and small firms

Clio is a 100 percent web-based legal practice management system optimized to meet the needs of sole practitioners and small firms. Secure and easy-to-use, Clio overcomes many of the technical hurdles offered by conventional practice management solutions. Clio allows lawyers to simplify their workflow and free up valuable time to build their practice.

A NEW MBA member benefit, Clio is regularly $49/month for attorneys and $25/month for non-attorney support staff. Massachusetts Bar Association members receive a 10 percent lifetime discount on their Clio subscription, bringing the monthly cost to $44.10 for attorneys and $22.50 for non-attorney support staff. Sign up today.

** Valid MBA membership required.

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My Bar Access this week

An update on noncompete legislation, the benefits of high-low agreements and more

Interact with your section/division 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? Log in and participate in ongoing member group discussions, which are now PRIVATE and can only be viewed by MBA members who log in to the MBA's online community. My Bar Access discussions allow you to enjoy the benefits of a traditional listserv, without clogging your inbox.

Follow these simple steps to instantly connect with your fellow members:

  1. Log in 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 posted in various areas throughout the site -- including "Getting Started on My Bar Access" and "How to Use My Bar Access" -- can help users with questions. 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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News from the courts

Probate and Family Court announces pilot program; Superior Court posts vacancies

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Probate and Family Court announces pilot program offering free settlement conferences

Probate and Family Court Chief Justice Angela M. Ordoñez has announced the creation of a pilot program designed to settle cases where the majority of the contested issues have already been resolved.

The Limited Issues Settlement Conference (LISC) program is envisioned as a judicial case management tool intended to bring parties and counsel together, by agreement, to settle any kind of Probate and Family Court matter, with the involvement and expertise of an active or retired judge of the Probate and Family Court. Potential cases range from divorce settlements, child custody and support issues, and will contests to guardianships of children or the elderly, among others.

To be eligible to request a conference, the parties to the case need to have been before the court on at least one prior occasion, one side must be represented by counsel and the parties must agree to bring a working agreement to the scheduled hearing. The LISC program is intended to assist the parties in resolving outstanding issues. If complete resolution is achieved at the conference, a decree or judgment necessary to conclude the matter will enter immediately after the conference, thus saving parties, counsel and the courts from additional expense of time and money in preparation for, and presentation of, a trial.

Cases pending in any county may participate in this process. The conferences will be held on the first Friday of each month at the Norfolk Probate and Family Court in Canton. The first conference session will be held on Nov. 1, 2013. Free parking is available at the conference site.

Click here for more details about the program (PDF). Click here for the form that needs to be completed for consideration and scheduling (PDF).

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Notice of Superior Court vacancies

Gov. Deval L. Patrick's Office encourages applications from all Massachusetts regions for the following Superior Court vacancies. All applications are due by Thursday, Oct. 24, 2013.

  • Feb. 2, 2014: The Honorable Paul E. Troy
  • Feb.11, 2014: The Honorable Thomas R. Murtagh
  • May 11, 2014: The Honorable D. Lloyd Macdonald
  • Dec. 1, 2014: The Honorable Sandra L. Hamlin
  • Dec. 23, 2014:The Honorable Barbara J. Rouse

In the next few months, the Judicial Nominating Commission will be posting additional vacancies due to mandatory retirements in 2014 on the Appeals Court, the Juvenile Court, the District Court and the Land Court. All postings will be listed on the JNC website. Questions should be directed to JNC staff at (617) 725-4031.



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Attorney vacancies at the U.S. Department of Justice

The U.S. Department of Justice has numerous attorney vacancies. All interested applicants are encouraged to apply, but due to temporary funding restrictions, the department may not be able to fill all of the currently advertised positions.

Click here to view a current list of available positions.

To learn more about the U.S. Department of Justice and its legal careers, click here.

In addition, every year more than 1,800 volunteer legal interns serve in DOJ components and U.S. Attorneys' offices throughout the country. Law students interested in a DOJ volunteer internship, should click here for opportunities.

Upcoming CLE seminar and program schedule

CLE Heading

To register for the following programs, call MBA Member Services at (617) 338-0530, [e-mail membership] or visit the CLE website. 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

Intellectual Property Basics for the Non-Specialist Live program
Tuesday, Oct. 8, 4-7 p.m.
MBA, 20 West St., Boston


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


Feed Your Mind Legal Lunch Series

Tuesday, Oct. 22, 12:30-1:30 p.m.
MBA, 20 West St., Boston


MBA's A View From the Bench Series
Superior Court Motion Practice
Thursday, Oct. 24, 4:30-7:30 p.m.
MBA, 20 West St., Boston

UPCOMING CONFERENCES

23rd Annual Family Law Conference
Friday, Nov. 1-Saturday, Nov. 2
Chatham Bars Inn, 297 Shore Road, Chatham

Public Law Conference Live program
Thursday, Nov. 7, 9 a.m.-1 p.m.
MBA, 20 West St., Boston

First Annual Probate Law Conference
Friday, Nov. 15, 9 a.m.-4 p.m.
Lombardo's, 6 Billings St., Randolph

In-House Counsel Summit Live program
Featuring the 11th Annual In-House Counsel Conference

Friday, Dec. 6
MBA, 20 West St., Boston

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MBA On Demand

Were you unable to attend 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

Law Practice Management Section Council meeting (Oct. 2); Public Law Section Council meeting (Oct. 3); Individual Rights & Responsibilities Section Council meeting (Oct. 7); Health Law, Family Law, Sole Practitioner & Small Firm section council meetings (Oct. 8); Immigration Law, Juvenile & Child Welfare section council meetings (Oct. 9)

Law Practice Management Section Council meeting

Wednesday, Oct. 2, 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, Oct. 2, 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, Oct. 3, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Public Law Section Council is scheduled for Tuesday, Oct. 3, 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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Individual Rights & Responsibilities Section Council meeting

Monday, Oct.7, 5-6:30 p.m.
MBA, 20 West St., Boston

The next meeting of the Individual Rights & Responsibilities Section Council is scheduled for Monday, Oct. 7, 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, Oct. 8, 5:15-6:45 p.m.
MBA, 20 West St., Boston

The next meeting of the Health Law Section Council is scheduled for Tuesday, Oct. 8, 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, Oct. 8, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Family Law Section Council is scheduled for Tuesday, Oct. 8, 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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Sole Practitioner & Small Firm Section Council meeting

Tuesday, Oct. 8, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Sole Practitioner & Small Firm Section Council is scheduled for Tuesday, Oct. 8, 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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Immigration Law Section Council meeting

Wednesday, Oct. 9, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Immigration Law Section Council is scheduled for Wednesday, Oct. 9, 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, Oct. 9, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Juvenile & Child Welfare Section Council is scheduled for Wednesday, Oct. 9, 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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For more information on upcoming monthly MBA section council meetings, click here to view the MBA's Events Calendar.

 

 

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