As you are aware, people are dying from opiate-related overdose
deaths in record numbers, leaving families, friends, neighbors and
colleagues emotionally devastated and in chaos. The Massachusetts
Bar Association is committed to aiding those people in our
commonwealth who are overwhelmed by this epidemic.
For the past few months the MBA has been operating a pilot
program in Norfolk County in which lawyers have been volunteering
to represent petitioners in hearings pursuant to M.G.L. c. 123,
Section 35 -- a law known colloquially as "Section 35," which
allows individuals to petition the court to order their loved ones
into treatment for up to 90 days when their abuse puts themselves
or others in danger. Following the success of the Norfolk County
pilot, the MBA is building and will manage a statewide program in
order to meet the growing need for legal assistance in this
area.
I'm asking all MBA members to participate in this statewide
volunteer effort to provide professional advice and assistance to
the loved ones of opiate addicts. The Section 35 process is an
easy, routine thing to do for lawyers, but most of the public is
not aware of Section 35, and even less are equipped to pursue a
petition in court.
I recently spoke to a woman who flew up to Massachusetts from
Florida to have her addicted son "sectioned" down on Cape Cod. We
were able to help her because a lawyer from Orleans heard about our
program and offered to help if we received calls for assistance
from the Cape. (Thank you, attorney Robert Lawless.) It can be an
emotionally wrenching experience for a parent, and, as this mother
stated, "I'm so grateful someone was by my side next to me helping
me through this process."
As I have stated in the past, "Making money as lawyers is
expected of us however, making a difference as lawyers is what is
respected about us." It doesn't take much to make this impactful
difference. We only ask that volunteers commit to handling two
hearings per year. These representations are important with
potential life-or-death consequences. They are also quite limited
in the time commitment required to prosecute, as the hearing often
takes no more than 30 minutes and should happen with a day or two
of the referral. Thus, they present an unusual professional
opportunity to engage in meaningful pro bono activity without a
significant time commitment but with significant results. Remember,
these people have turned to the courts in a desperate attempt to
save the lives of their loved ones. They have already gone through
the denial stage and the "I know what my child needs stage," and
are now at the help me, my child is in the process of killing
himself/herself" stage.
There is no easy solution to the opiate epidemic plaguing our
commonwealth. But I am sure that we can work together through this
program to provide real tangible assistance to the good people in
our communities who are desperately searching for a solution. I am
very confident this program will be successful, as I know of no
other profession that is so engaged in community affairs and
willing to volunteer individual time and resources to benefit an
individual or worthy cause in need of support.
The MBA's toll-free Section 35 Helpline -- (844) 843-6221 -- is
already live and available to all state residents. We've also
prepared training materials for lawyers and are happy to answer any
additional questions. Given the nature of the crisis, time is of
the essence. I urge everyone who is interested to please contact me
at (781) 910-9408 to schedule a training
session.