The Massachusetts Bar Association means different things to
different people.
We have very active members for whom the MBA is an integral part
of their professional lives -- from MBA leaders to CLE faculty
members to members who just enjoy participating in as many MBA
programs and events as possible.
For others, the MBA is more of a complement to their practice.
Some belong to the MBA because of the practical tools we offer,
such as our FREE CLE programs. Some take advantage of the top-notch
insurance offered by the MBA Insurance Agency: one of the most
trusted insurance agencies for lawyers in the commonwealth. And
many members just appreciate the networking opportunities or the
ability to bounce questions off of other similarly situated lawyers
in their sections via My Bar Access.
Whatever your reason for joining, there is a place for you at
the MBA. It doesn't matter whether you choose to take advantage of
all, some or none of our programs. At the end of the day, I believe
there is one invaluable benefit that the MBA offers to all members,
and indeed the entire Massachusetts bar: our advocacy on behalf of
the legal profession. As my friend and former MBA President Richard
P. Campbell said so eloquently back in 2012, "The Massachusetts Bar
Association is the singular organization in the commonwealth that
speaks for all lawyers regardless of the city or county where they
practice; the race, ethnicity, gender or sexual orientation or
religious tradition that define them; or the idiosyncrasies of
their individual practices."
Advocacy on behalf of the bar has been a key focus of the MBA
since its inception. This year in particular we've seen many
examples of where the MBA's voice is making or has made a
difference in the day-to-day work of lawyers and our court
system.
I've written a lot already about the MBA's role in the
successful launch of attorney voir dire this year. But the
MBA has been championing just as loudly for issues touching many
other segments of the bar -- as a state bar association should.
Many times the issues we touch involve improving access to justice,
such as when we advocate for proper funding for the courts or an
increase in spending for legal aid. But other times we're called
upon to use our voice to speak to more narrow issues that impact a
particular segment or area of the bar.
Our well-known push for higher bar advocate pay is great example
of an issue that we feel affects both a segment of the bar
and access to justice. But you might be surprised to learn
that the MBA has its fingerprints on dozens of pieces of
legislation on Beacon Hill this session, where we've been called
upon to draft, testify or provide background information.
For example, through the efforts of our Tax Law Section Council,
the MBA will be filing an amendment to the "innocent spouse" rules
in Massachusetts (M.G.L. c. 62(C), sec. 84) that would rectify the
inequities that sometimes affect married taxpayers filing jointly
due to strict adherence to the rule of joint and several liability
for tax deficiencies. We have also weighed in on important
proposals affecting the probate and family law arenas, including
those involving the Uniform Custody Jurisdiction and Enforcement
Act and the spousal elective share.
Recently, attorneys have offered testimony on behalf of the MBA
in support of ending mandatory minimum sentences and expanding the
jurisdiction of the Housing Court. MBA leaders also testified on
pending workers' compensation legislation concerning scarring and
disfigurement compensation. As of press time, that workers'
compensation bill had advanced out of the Joint Committee on Labor
and Workforce Development and is pending before the Senate Ways and
Means Committee.
The MBA also serves as the voice of the bar with court leaders
who routinely ask for our input on proposed rule and policy
changes, particularly when they need help getting the word out to
members of the bar across the commonwealth. The judiciary is one of
our closest partners in the profession, and I personally believe
the collaborative relationship we share across all court
departments is a reflection of the weight we carry as the statewide
representative of such a cross-section of the bar at large.
Of course, the advocacy done by the MBA isn't limited to
lobbying, testifying on legislative matters or weighing in on
official court matters. In fact, it may be more accurate to
describe the MBA as a vocal proponent for the legal system wherever
it's needed, whether we are explaining a finer point of law to a
member of the media or sounding the alarm when we see a wrong that
needs to be righted.
A case in point is the recent kerfuffle surrounding the prison
searches that many female defense attorneys were subject to as a
condition to visiting their clients in Norfolk County. We heard the
attorney complaints, raised our collective voice in objection and
set up meetings with Secretary Daniel Bennett of the Executive
Office of Public Safety and Security (who, at our invitation, spoke
about the issue at the March House of Delegates meeting). We saw
the results of our efforts and the efforts of the Committee for
Public Counsel Services who stood with us on the issue, just last
month when the Department of Corrections released an updated policy
that ensures the personal privacy and integrity of attorneys while
at the same time assuring the safety of DOC staff.
Similarly, when we learned of calibration issues affecting
certain alcohol-breath test machines, the MBA was the first
organization to publicly call for transparency. As a result of our
efforts and our work with Secretary Bennett and CPCS, the records
are being disseminated for review and strides are being made to
provide the same information to defense attorneys that was made
available to the district attorneys.
These are just a few recent examples where the MBA is there for
lawyers and our system of justice. There are and will be many more,
because that is what we do.
The MBA is proud to stand with you and carry the mantle for
our profession in Massachusetts. And we thank you for
making this possible by standing with us as members.