1. law, govt and politics

MBA CLE
Massachusetts Bar Association Continuing Legal Education/August–september 2009
How to Use the
Mortgage Discharge Statute to
Improve Your Real Estate Practice
Course #: PRA10 • Intermediate level
INSIDE:
CLE by practice area
Civil and Criminal Law
Handling Depositions with Confidence............. 2
District Court Survival Guide:
Criminal Practice............................................ 3
Wednesday, Sept. 16, 5–7 p.m.
MBA, 20 West St., Boston
Significant changes in the Discharge
Statutes have changed the practice
of real estate law. Compensation for
damages to the current owner and
mortgagor allows the conveyancing
attorney to enforce statutory changes
on delinquent lenders.
Our panel of experts will discuss
the changes to the Mortgage Discharge Statute and tell you how to
use the statute to clear title, protect
your clients and be compensated for
the work that you do to clear title.
Forms and practical steps to implement the changes in your office will
be the focus of a lively discussion
on the advances made for the property owner’s benefit to clear the title
on their home. Lenders who do not
comply with the new statute may
be held liable to the borrower or the
borrower’s successor in interest not
only for actual or statutory damages
but attorneys fees as well. Learn how
to use the statute to benefit you and
your clients.
Trial Practice Luncheon Roundtable Series:
Trial Issues..................................................... 3
Preparing to File a Lawsuit............................... 4
21st Century Civil and Criminal
Motion Practice............................................... 8
General Practice
From Student to Lawyer: MBA/MSL Young
Lawyer Career Seminar.................................. 5
Eighth Annual Western Massachusetts
Bankruptcy Conference............................... 6
Immigration Law
Immigration Law Essentials.............................. 2
Operating The Profitable Immigration
Law Office....................................................... 5
Probate Law
Death and Dying: Legal Issues in End-of-Life
Health Care Decision-Making......................... 6
M assachusetts Bar A ssociation
fourth a nnual
Bench–Ba r
S ymposium
Wednesday, Oct. 21 | 4:30 p.m.
John Adams Courthouse | Boston
Faculty:
Elizabeth J. Barton, Esq., program co-chair
CATIC, Wellesley
Darly G. David Mevs, Esq., program co-chair
Gilmartin, Magence & Ross LLP, Boston
Ward P. Graham, Esq.
First American Title Insurance Co., Boston
Kurt F. Stuckel, Esq.
The Law Office of Kurt F. Stuckel PC, Pepperell
Elizabeth J.
Barton
Darly G.
David Mevs
This event is open to all
and free to attend.
Sponsoring sections/division:
General Practice, Solo & Small Firm, Property Law, Young Lawyers Division
A
P u b licatio n
o f
th e
M a s s a c hus e tts
R.S.V.P. to
[email protected]
or call (617) 338-0530.
B a r
Ins titute
2 MBA CLE/August–September 2009
Immigration Law Essentials
Handling Depositions
with Confidence
Course #: IME09 • Introductory level
Tuesday, Aug. 4, 2–6 p.m.
MBA, 20 West St., Boston
Immigration touches various areas of law and affects many lives.
Attorneys should be aware of basic immigrant visa procedures
and the alphabet soup of immigration status.
Course #: CLCC09 • Introductory level
Monday, Aug. 10, 2–5 p.m.
MBA, 20 West St., Boston
• Naturalization;
This seminar is a unique opportunity for attorneys with little or
no experience in taking depositions to learn how to handle specific issues that may arise when preparing for, taking or defending
a deposition. Our experienced faculty will offer practical tips and
pointers.
• Employer compliance/enforcement;
Topics include:
Topics include:
• Types of visas—permanent green cards and temporary visas;
• Family and employer sponsors;
• Understanding the “usual stipulations;”
• Relief from deportation; and
• Knowing when one should be “on the record” or “off the record;”
• Immigration reform legislation.
• How to handle difficult opposing counsel;
Faculty:
• How to handle a 30(b)(6) deposition;
Joseph P. Curran, Esq., program co-chair
Joseph P. Curran
Curran & Berger, Northampton
Roy J. Watson Jr., Esq., program co-chair
Watson Law Office, Bedford
Marisa A. DeFranco, Esq.
Law Office of Marisa DeFranco, Middleton
Kerry E. Doyle, Esq.
Graves & Doyle, Boston
Richard M. Green, Esq.
Roy J. Watson Jr.
Richard M. Green PC, North Grafton
John P. Marley, Esq.
U.S. Immigration and Naturalization Service, Hartford, Conn.
• What to do if the deponent wants to speak to his or her attorney;
Sponsoring sections/division:
Access to Justice, Criminal Justice, Family Law, General Practice, Solo &
Small Firm, Labor & Employment Law, Immigration Law, Individual Rights &
Responsibilities, Young Lawyers Division
• How to use documents during a deposition;
• What to do if a dispute arises during the deposition;
• Available sanctions for improper conduct during a deposition; and
• Ethical issues that arise during a deposition.
Faculty:
Grace V. Bacon Garcia, Esq., program chair
Morrison Mahoney LLP, Boston
Erin M. Boucher, Esq.
Hinckley, Allen & Snyder LLP, Boston
Philip M. Hirshberg, Esq.
Morrison Mahoney LLP, Boston
Sponsoring sections/division:
Grace V.
Bacon Garcia
Civil Litigation, General Practice, Solo & Small Firm,
Young Lawyers Division
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M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0
MBA CLE/August–September 2009
3
District Court Survival Guide:
Criminal Practice
Course #: CLEE09 • Introductory level
Trial Practice
Luncheon Roundtable Series
Monday, Aug. 17, 4–6:30 p.m.
MBA, 20 West St., Boston
Trial Issues
The Criminal Practice session topics will include arraignment,
bail, trial and 209A practice.
Course #: CLGG09 • Introductory level
Thursday, Aug. 20, noon–2 p.m.
Lunch provided
MBA, 20 West St., Boston
In part two of the trial practice series, our panelists will lead
a discussion on specific aspects of the actual trial. Attendees
will learn real-life courtroom skills and specific strategies for
implementing those skills in their practice.
Topics include:
• Opening statements;
• Direct and cross-examination;
• Evidence and objections; and
• Closing arguments.
Faculty:
Jeffrey N. Catalano, Esq., program chair
Todd & Weld LLP, Boston
Hon. Andrew M. D’Angelo
Associate Justice, Stoughton District Court
Alice B. Braunstein, Esq.
Duane Morris LLP, Boston
Charles M. Waters, Esq.
Sheehan, Phinney, Bass & Green PA, Boston
Sponsoring sections/division:
Jeffrey N.
Catalano
Business Law, Civil Litigation, Criminal Justice, General Practice, Solo
& Small Firm, Young Lawyers Division
Faculty:
Amy Cashore Mariani, Esq., program chair
Fitzhugh & Mariani LLP, Boston
Hon. Robert A. Cornetta
Presiding justice, Salem District Court
Matthew T. Duffy III, Esq.
Duffy Law Offices, Everett
Martin F. Kane II, Esq.
McGrath & Kane Inc., Boston
Raymond Sayeg Jr., Esq.
Denner & Associates PC, Boston
Amy Cashore
Mariani
Sponsoring sections/division:
Civil Litigation, Criminal Justice, General Practice, Solo & Small Firm, Young
Lawyers Division
R e g i s t e r a t w w w. M a s s B a r. o r g / C L E
4 MBA CLE/August–September 2009
Preparing to File a Lawsuit
Save money and time with the MBA’s
E-publications
Course #: CLHH09 • Introductory level
Monday, Aug. 24, 4–7 p.m.
MBA, 20 West St., Boston
You are a new lawyer, or
a lawyer who does not
ordinarily handle litigation matters, and you are
asked to file a malpractice,
personal injury, commercial or other civil action.
Where do you begin?
This practical seminar
that will cover the mechanics of preparing to file a
lawsuit from start to finish.
Our experienced faculty
will begin by conducting
mock client interviews and
then discuss the legal, ethical and client issues raised
during the interviews, as
well as other issues associated with lawsuit preparation.
MBA members can now quickly and easily download selections
from our extensive library of CLE publications.
E-publications are PDF versions of our regular CLE publications,
written and selected by our experienced program faculty.
E-publications offer:
uSearchable text
uThe choice to save or print PDFs
uA cheaper alternative to print publications
Fi nd o ut mo re a t w w w. Ma s s B a r. o rg /e p u b s.
Topics include:
• Client relations and client control;
• Massachusetts rules and statutes to know when preparing to file a suit;
• Background and investigative work required before filing a civil suit;
• Ethical issues associated with filing a lawsuit;
• Information needed for pre-judgment relief; and
Visit new MBA section/division Web pages
at www.MassBar.org
• Medical malpractice pre-suit procedures.
Don’t miss this unique opportunity to learn
real-world tips that aren’t taught in law school.
Faculty:
David W. White Jr., Esq., program chair
Breakstone, White & Gluck PC, Boston
Alice B. Braunstein, Esq.
Duane Morris LLP, Boston
Brian C. Dever, Esq.
Keches Law Group PC, Taunton
Denise I. Murphy, Esq.
Rubin & Rudman LLP, Boston
Sponsoring sections/division
www.MassBar.org’s recently improved
section/division Web pages now offer members
access to more interactive and relevant
information, including:
David W.
White Jr.
Civil Litigation, General Practice, Solo & Small Firm, Young Lawyers Division
•
•
•
•
Upcoming meetings and relevant CLE programming;
Links to practice documents and forms;
Links to section/division-specific online and print publications;
Articles by your section or division from Lawyers Journal,
Massachusetts Law Review and Section Review;
• The ability to participate in or review discussions on upcoming
legislation, statutes, resolutions, cases and reports; and
• An opportunity to provide your feedback and ideas to
leadership.
visit www.massbar.org/sections or
www.massbar.org/division
M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0
MBA CLE/August–September 2009
Massachusetts Bar Association and Massachusetts School of Law
5
Operating the Profitable
Immigration Law Office
Course #: IMA10 • Introductory level
Tuesday, Sept. 22, 4–7 p.m.
MBA, 20 West St., Boston
This program will offer insights, tips and guidance on how best to
set up an immigration law practice.
From Student to Lawyer:
Young Lawyer Career Seminar
Sponsored by the Lawyers in Transition Committee
Course #: GPA10 • Introductory level
Wednesday, Sept. 16, 4–7 p.m.
Networking reception to follow
Massachusetts School of Law, 500 Federal St., Andover
Transitions are never easy and the transition from student to
young lawyer is no exception. From getting a handle on starting
out in practice to portraying a professional image, from being
productive, efficient and successful on the job to handling young
lawyer stress and burnout, the transition from student to young
lawyer comes with many questions.
This program will aim to answer some of those questions, providing young lawyers with helpful tips, advice and strategies for
success, as well as the opportunity to network with other young
lawyers and experienced attorneys.
Topics include:
• How to set up your office;
• Who to hire and how;
• Which resources and equipment to purchase; and
• The best technology options.
Faculty:
Rodney S. Dowell, Esq., program co-chair
Law Office Management Assistance Program, Boston
Roy J. Watson Jr., Esq., program co-chair
Watson Law Offices, Bedford
*Additional faculty to be announced.
Rodney S.
Dowell
Sponsoring sections/division:
General Practice, Solo & Small Firm, Immigration Law,
Law Practice Management, Young Lawyers Division
Topics include:
• Successful strategies for navigating the transition from student to young
lawyer;
• Practical tips for starting out in law practice;
• Valuable information about beating first-year associate burnout, handling
stress, avoiding substance abuse and related issues;
• Strategies for increasing productivity and efficiency; and
• Tips for avoiding common young lawyer pitfalls in ethics and
professionalism, and strategies for projecting a professional image.
Faculty:
Ursula Furi-Perry, Esq., program chair and moderator
Director of Academic Support, Massachusetts School of
Law, Andover
Robert Armano, Esq.
Law Offices of Robert Armano, Methuen and Adjunct
Ursula Furi-Perry
Professor, Massachusetts School of Law, Andover
Alan J. Klevan, Esq.
Klevan & Klevan LLP, Wellesley
Lisa Terrizzi, Esq., chair, MBA Lawyers in Transition Committee
Career coach and consultant, Boston
Gina Walcott, Esq.
Executive Director, Lawyers Concerned for Lawyers, Boston
Co-sponsor:
Massachusetts School of Law
R e g i s t e r a t w w w. M a s s B a r. o r g / C L E
Roy J.
Watson Jr.
6 MBA CLE/August–September 2009
Death and Dying:
Legal Issues in End-of-Life
Health Care Decision-Making
Course#: HLA10 • Introductory level
Wednesday, Oct. 7, 4–7 p.m.
Bulkley, Richardson & Gelinas LLP, 1500 Main St., Springfield
This seminar will explore the legal issues relating to the process
of dying and the determination of death, including DNR
orders, living wills, health care
proxies and cessation of artificial support systems. The
panel will explore who can, and
should, be empowered to make
end-of-life treatment decisions,
how to manage the ethical and
legal challenges that can sometimes arise in such cases, and
the new Massachusetts Uniform Probate Code.
SAVE THE DATE
Eighth Annual
Western Massachusetts
Bankruptcy Conference
Course #: BLA10 • Intermediate level
Tuesday, Oct. 6, 4–7 p.m.
Western New England College School of Law,
1215 Wilbraham Road, Springfield
Faculty:
Justin H. Dion, Esq., program co-chair
Bacon Wilson PC, Springfield
Jonathan R. Goldsmith, Esq. program co-chair
Law Office of Jonathan R. Goldsmith, Springfield
Hon. Henry J. Boroff
U.S. Bankruptcy Court, Worcester
*Additional faculty to be announced
Sponsoring sections/division:
Business Law, General Practice, Solo & Small Firm, Young Lawyers
Division
Topics include:
• The legal issues involved in end-of-life care, including advance directives,
health care proxies, DNR orders and living wills;
• The legal issues involved in the initiation and cessation of artificial
support systems, such as artificial nutrition and hydration;
Co-sponsors:
Western New England College School of Law and
the Berkshire, Franklin, Hampden and Hampshire
County bar associations
• Appropriate standards for determining death and the medical and legal
issues involved in, and consequences of, making such a determination;
• The distinction between brain death and a persistent vegetative state;
• The medical and legal issues involved in cases of brain death; and
• The roles of health care providers, family members, lawyers, guardians
ad litem, the courts and others in end-of-life treatment cases.
Faculty:
J. Michael Scully, Esq., program chair
Bulkley, Richardson & Gelinas LLP, Springfield
Hon. Christopher J. Armstrong (ret.)
Dwyer & Collora LLP, Boston
Thomas J. Carey Jr., Esq.
Dwyer & Collora LLP, Boston
Paul Jodka, M.D.
Baystate Critical Care Medicine, Springfield
Lynn Tenerowicz, R.N., B.S.N., J.D.
Director, Risk Management, Baystate Health, Springfield
Justin H. Dion
Jonathan R.
Goldsmith
Hon. Henry J.
Boroff
J. Michael Scully
Sponsoring sections/division:
Civil Litigation, General Practice, Solo & Small Firm,
Health Law, Probate Law, Young Lawyers Division
Co-sponsors:
Hon.
Christopher J.
Armstrong
Western New England College School of Law and the
Berkshire, Franklin, Hampden and Hampshire County
bar associations
M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0
MBA CLE/August–September 2009
7
M BA cle r egis t r a t i o n f o r m
NOTE: All programs are subject to cancellation. To check the status of a program, visit www.MassBar.org or call (617) 338-0530 on the day of the program.
Name: Mr./Ms./Hon.:_____________________________________________________________ MBA member # (if applicable):_ ______________________________
Firm, company or law school: _ ________________________________________________________________________________________________________
c New address. Please
update my member profile.
Address: ______________________________________________________________________________________________________________________
c I require special assistance.
City: ________________________________________State: ___________________________ Zip + 4: _____________________________________________
Please contact me.
Phone: _______________________________Fax: ___________________________ E-mail: _ _____________________________________________________
M B A M E M B E R S
NonSponsoring section/
Paralegals,
Co-sponsors,
members
division/committee
law students,
other
members
2008-09 admittees members
Check sessions you will be attending (fees include any written materials and meals when applicable):
c
IME09
Immigration Law Essentials
Tuesday, Aug. 4, 2–6 p.m., MBA, Boston
c
CLCC09
Handling Depositions with Confidence
Monday, Aug. 10, 2–5 p.m., MBA, Boston
c
CLEE09
District Court Survival Guide: Criminal Practice
Monday, Aug. 17, 4–6:30 p.m., MBA, Boston
c CLGG09 Trial Practice Luncheon Roundtable Series: Trial Issues
Thursday, Aug. 20, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch provided)
$80
(AJ, CJ, FL, GP, LE, IM,
IR, YL)
$40
$115
$160
$80
(CL, GP, YL)
$40
$115
$160
$80
(CL, CJ, GP, YL)
$40
$115
$160
$15
(BL, CL, CJ, GP, YL)
$15
$25
$50
$80
(CL, GP, YL)
$40
$115
$160
c CLHH09 Preparing to File a Lawsuit
Monday, Aug. 24, 4–7 p.m., MBA, Boston
c
CLA10
21st Century Civil and Criminal Motion Practice
Tuesday, Sept. 15, 4–7 p.m., MBA, Boston
v
$40
$115
$160
c
GPA10
From Student to Lawyer: MSL/MBA Young Lawyer Career Seminar**
Wednesday, Sept. 16, 4–7 p.m., Massachusetts School of Law, Andover
NA
NA
$40
$50
c
PRA10
How to Use the Mortgage Discharge Statute to Improve Your Real Estate Practice
Wednesday, Sept. 16, 5–7 p.m., MBA, Boston
$80
(GP, PR, YL)
$40
$115
$160
c
IMA10
Operating The Profitable Immigration Law Office
Tuesday, Sept. 22, 4–7 p.m., MBA, Boston
$80
(GP, LP, IM, YL)
$40
$115
$160
c
BLA10
Eighth Annual Western Massachusetts Bankruptcy Conference*
Tuesday, Oct. 6, 4–7 p.m., Western New England College School of Law, Springfield
$80
(BL, GP, YL)
$40
$115
$160
c
HLA10
Death and Dying: Legal Issues in End-of-Life Health Care Decision-Making*
Wednesday, Oct. 7, 4–7 p.m.. Bulkley, Richardson & Gelinas LLP, Springfield
$80
(CL, GP, HL, PL, YL)
$40
$115
$160
REGISTER EAR L Y — Pre-registration is strongly recommended as space is limited, and cannot be processed without
payment by check or credit card. Walk-ins on the day of the program cannot be guaranteed program materials or a seat.
$
* WNEC alumni/faculty — $80/ WNEC law students — $15
**Massachusetts School of Law: alumni/faculty—$25; law students—$15.
p Aym e n t i n f o r m a t i o n
c Enclosed is my check in the amount of $____________.
Charge my:
RETURN FORM WITH PAYMENT TO: MBA Continuing Legal Education, 20 West St.,
Boston, MA 02111-1204. Include check made payable to the Massachusetts Bar Institute.
Faxed registrations will be accepted with MasterCard, Visa or American Express at (617) 542-3057.
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CLEDM
R e g i s t e r a t w w w. M a s s B a r. o r g / C L E
MBA
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in The
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Permit No. 53555
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2 0 We s t S t r e e t , B o s t o n , M A 0 2 1 1 1 - 1 2 0 4
21st Century
Civil and Criminal Motion Practice
Course #: CLA10 • Introductory level
Tuesday, Sept. 15, 4–7 p.m.
MBA, 20 West St., Boston
With electronic devices playing an increasing role in all facets of society, electronic evidence
is becoming central to discovery disputes in both civil and criminal litigation. The growing
status of electronic evidence and the information derived from it (e.g., e-discovery), will undoubtedly influence civil and criminal motion practice in civil and criminal matters at both
the district and superior court levels in Massachusetts.
If you handle civil and criminal trial matters and are seeking practical tips and concrete tools that will assist you in drafting, analyzing
and arguing pre-trial e-discovery issues, you will not want to miss this session.
Topics include:
Faculty:
• How to handle e-discovery disputes in a manner consistent with the
Massachusetts Rules of Civil Procedure, Massachusetts Superior Court
Rules and Massachusetts Rules of Criminal Procedure;
Daniel K. Gelb, Esq., program chair
Gelb & Gelb LLP, Boston
Hon. Timothy S. Hillman
U.S. District Court
Dana D. Babbin, Esq.
Middlesex County District Attorney’s
Office, Cyber Protection Program,
Daniel K.
Woburn
Gelb
James J. Berriman, Esq.
Evidox Corp., Boston
Christopher A. Callahan, Esq.
Campbell, Campbell, Edwards & Conroy PC, Boston
John H. Crawford Jr., Esq.
Law Office of John H. Crawford Jr., Spencer
*Additional faculty to be announced.
• Strategy behind requests for production of documents;
• Drafting and responding to interrogatories seeking testimony on
e-discovery;
• Serving and receiving 30(b)(6) deposition notices for technical witnesses
and representing the witness;
• Moving for, and defending against, sanctions in civil and criminal matters;
• Briefing suppression issues involving electronic evidence, certification of
discovery production and crafting affidavits;
• Arguing motions to compel, strike and in limine; and
• Challenging and defending experts in Daubert hearings.
Sponsoring sections/division:
Hon. Timothy S.
Hillman
Civil Litigation, Criminal Justice, General Practice, Solo & Small Firm, Young
Lawyers Division