As we turn the corner into the 2014-15 Massachusetts Bar
Association membership year, we can look proudly upon an impressive
record of accomplishment by Douglas K. Sheff, our immediate past
president. He, like his predecessors, invested his time, resources,
energy, blood, sweat and tears to maintain the MBA's position as
the preeminent statewide bar association in the commonwealth. And I
know that President Sheff would be the first to acknowledge that
little could be accomplished without the dedication and leadership
of our incomparable Chief Legal Counsel and Chief Operating Officer
Martin Healy and our talented staff.
This is an incredible time for the MBA, and I am very excited
about the upcoming year - not only because I have the privilege of
serving you as MBA president, but because this year attorneys in
Massachusetts, and particularly MBA members, will have
opportunities that we've never had before.
To start, Massachusetts lawyers finally have the right to engage
in jury voir dire, allowing us to join 39 other states
with the same opportunity. Just last month Gov. Deval L. Patrick
signed into law an MBA-backed bill (Chapter 254 of the Acts of
2014), that will permit attorneys to question jurors in civil and
criminal trials throughout the Superior Court. The law also lets
plaintiffs specify an amount for damages, which was previously
unavailable.
The statute gives discretion to judges to impose reasonable
limitations on the voir dire process, and details about
implementation are still evolving. But these invaluable tools
represent important steps toward ensuring access to justice and a
fair trial, regardless of whether you represent a plaintiff or a
defendant.
In recent years we've seen bits and pieces of how voir
dire works, particularly as more judges have employed the
practice by allowing limited attorney voir dire.
Experienced trial lawyers know that information gleaned from even
limited voir dire questioning reveals only the tip of the
iceberg of potential bias. True attorney-conducted voir
dire allows for a conversation between lawyers and potential
jurors, allowing us to peek below the surface to weed out bias and
preconceived notions.
Last month at the American Bar Association's Annual Meeting in
Boston, I had the pleasure of serving on a panel with U.S. District
Court Judge Shira A. Scheindlin (S.D.N.Y), who told a compelling
story about a murder case over which she had presided. The first
trial resulted in a hung jury when one holdout refused to join her
fellow jurors in a guilty verdict. In the retrial with the same
evidence, the new jury came back unanimous with an acquittal. The
only variable that changed was that the voir dire
questions were more thoroughly crafted to uncover juror bias.
Voir dire is all important, and I am so excited to see the
improvements that attorney-conducted voir dire will bring to our
trial system.
Another new development that is very important to me is that the
MBA will be offering free educational programming to members this
year, with the exception of conferences and the Practicing with
Professionalism course. That is a tremendous member benefit, and an
important resource for all. By offering free CLE and MBA On Demand,
the MBA is taking an extraordinary stand in our commitment to the
excellence of our profession.
I've always been a big proponent of learning by doing; that's
largely how I got my own start as a trial lawyer. But in looking
back, I would have greatly benefitted from everything that the MBA
offers a new lawyer today. By providing free CLE to all of its
members, the MBA has the opportunity to mentor the hundreds of new
lawyers who choose to take advantage of this incredible
benefit.
Of course, free CLE is not just for new lawyers. Even though
Massachusetts is not a mandatory CLE state, the number of
Massachusetts lawyers who participate in CLE is extraordinarily
high, not because we have to, but because we want to be the best
that we can be. We are motivated by the desire to practice law
ethically, expertly and passionately, and the MBA's free CLE member
benefit helps pave the way. With classes geared for every level of
experience and area of practice, this is something we can all look
forward to.
I can't speak about upcoming opportunities without mentioning the
tremendous opportunity - or more accurately, responsibility - that
I've been given as the new MBA president to make a positive
difference in our profession. I've been inspired by the incredible
work done by my predecessor and great friend, Douglas Sheff, and I
hope to build on the legacy he and other great presidents have
created for our association.
It's fortuitous that free CLE is happening this year, because
supporting the MBA's ongoing commitment to promoting professional
excellence through CLE is one of the areas I plan to focus on
during my presidency. In fact, education is the foundation upon
which many of my upcoming goals are built.
In the months ahead I will be emphasizing the importance of
educating attorneys and the public about the importance of the Rule
of Law, the need to maintain an independent judiciary and the
invaluable role of lawyers in protecting and ensuring a democratic
society. I'll have more to discuss about these important
initiatives and others in the coming months as I immerse myself in
this important role.
For now, I invite you to join me in the excitement of the coming
year. I look forward to working with my fellow officers
President-elect Robert Harnais, Vice President John Morrissey, Vice
President Christopher Kenney, Treasurer Jeffrey Catalano, and
Secretary Christopher Sullivan, and all MBA members as we continue
our never-ending pursuit of excellence. With so many opportunities
available today, there has never been a better time to be a lawyer,
and in particular, a member of the MBA.