CLE MBA

MBA CLE
Massachusetts Bar Association Continuing Legal Education / june–august 2010
How to Handle a Residential
Real Estate Closing
INSIDE:
MBA CLE by Practice Area
Business Law
Basics of Massachusetts Constuction Law.................. 3
Civil and Criminal Law Course #: PRK10 • Introductory level
The ABCs of Social Security Disability Cases.............. 2
Tuesday, July 20, 4–7 p.m.
MBA, 20 West St., Boston
Criminal Justice Conference — Doing Time:
Effective Advocacy at Sentencing and in the
Parole Process.......................................................... 4
his seminar presents a comprehensive step-by-step explanation of the law
and practice of conducting a residential real estate closing. Our expert panel
will guide you from the offer and “P&S” through the actual closing, offering
practical advice at every step along the way. Our panelists, speaking from the perspective of buyers, sellers and banks’ representatives will demystify the process and point
out common pitfalls to avoid.
District Court Survival Guide
Civil Practice and Criminal Practice............................ 5
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Topics include:
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Initial client interview – buyer and seller;
Preparing the documents for closing;
The buyer/seller/broker negotiation;
Drafting and negotiating the offer and purchase and sale agreement;
Special considerations for condominium and multi-family dwellings;
Mortgages and the mortgage approval process;
The appraisal;
Dealing with hazardous substances on the property;
The role of the bank’s attorney;
Faculty:
Title issues and title insurance;
Joe Boynton, Esq., program co-chair
Conducting the closing: who does what?; and
Attorney at Law, Worcester
Post-closing issues.
Michael G. Gatlin, Esq, program co-chair
Workplace Injury—The Seminar You Can’t Miss.......... 6
Fundamentals of Civil Motion Practice......................... 7
Handling Depositions with Confidence......................... 8
Trial Practice Luncheon Roundtable Series:
Part I: Pretrial Preparation and Jury Issues and
Part II: Trial Issues...................................................... 9
Fundamentals of Effective Discovery........................... 9
Family Law
How to Conduct Discovery in High- and Low-Income
Cases Where Speed is a Priority................................ 5
Basics of Divorce Practice............................................ 8
Juvenile & Child Welfare
Practice Skills for CAFL and DCF Attorneys................ 6
Immigration Law
Immigration Law Essentials.......................................... 8
Labor & Employment Law
Law Office of Michael G. Gatlin,
Framingham
Kevin M. David, Esq.
Webster First Federal Credit Union,
Webster
Employment Law Basics.............................................. 7
Sponsoring sections/division:
Uniform Probate Code Article V Update . .................... 3
General Practice, Solo and Small-Firm,
Property Law, Young Lawyers Division
Miscellaneous
Staying Professional in the Practice............................. 2
Probate Law
The Impact of Estate Planning on Marital
Assets in Divorce........................................................ 6
Basics of Developing an Estate Plan............................ 7
Public Law
Fourth Annual Public Law Conference.................. 12
mba On Demand
Watch a recorded MBA presentation from
the comfort of your home or office.
See page 10 for details.
A
Pu b l i c a t i o n
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Ma s s a c h u s e t t s
Ba r
In s t i t u t e
2 M B A C L E / J u n e – AUGUST 2 0 1 0 The ABCs of Social Security
Disability Cases
Staying Professional in the
Practice
Course #: CLR10 • Introductory level
Course #: YLA10 • Introductory level
Thursday, June 3, 4–7 p.m.
MBA, 20 West St., Boston
Monday, June 7, 4–7 p.m.
MBA, 20 West St., Boston
Eligibility for beneficial disability benefits from Social Security
is complex and highly regulated. In addition, there are ongoing
changes to the disability determination process and procedures that
may create pitfalls for inexperienced practitioners.
Ethical issues arise every day in every practice. Practitioners are
now accepting the necessity of analyzing their own practices and
procedures, evaluating their vulnerabilities and establishing systems
to protect their clients and themselves.
This course is designed to help you maintain a sound practice
through a better understanding of ethical requirements. The presenters will provide a current review of critical issues in ethics, malpractice avoidance and professionalism.
The seminar will focus on educating practitioners and providing
practical suggestions on how to develop systems and safeguards to
help avoid the pitfalls associated with ethical considerations, integrity issues, conflicts of interest and attorney-client privileges in
day-to-day relationships with clients.
This practical program also will focus on how to maintain professional integrity while zealously representing clients. Our expert
panelists will outline the standards by which an attorney’s conduct
will be judged, and suggest practical ways to minimize susceptibility to malpractice and ethics complaints.
Topics include:
• How to do an effective intake of a prospective client and how to avoid
potential problems;
• The basics of SSI and SSDI eligibility;
• Evidence that is required to prove disability and how to obtain it;
• Important information to know about the changing appeals process;
• How to obtain a fee in social security disability cases;
• Avoiding conflicts with clients; and
• The duty that is owed to the adjudicator in an administrative hearing.
Faculty:
Linda Landry, Esq., program chair
Disability Law Center, Boston
Mark Bronstein, Esq.
Law Office of Mark Bronstein, Newton
Ronald B. Eskin, Esq.
Law Office of Ronald B. Eskin PC, Lowell
Sponsoring sections/division:
Topics include:
Linda Landry
Civil Litigation, Probate Law, Public Law, Young Lawyers
Division
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
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Rules of Professional Conduct;
Proposed changes to IOLTA rules;
Avoiding bar complaints and malpractice;
Attorney/client and attorney/attorney relations;
Conflicts and conflict waivers;
Pro bono obligations;
Stress management and dealing with difficult lawyers; and
Cooperating with discovery and discovery uses and abuses.
Faculty:
James S. Bolan, Esq., program chair
Brecher, Wyner, Simons, Fox & Bolan LLP, Newton
Sarah Chambers, Esq.
Office of Bar Counsel, Boston
*Additional faculty to be announced.
Sponsoring division:
Young Lawyers Division
James S. Bolan
Follow the MBA on
TM
Real-time Webcast available for
purchase. Visit www.MassBar.org.
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
M B A C L E / J u n e – AUGUST 2 0 1 0 Uniform Probate Code
Article V Update
Basics of Massachusetts
Construction Law
Course #: PLU10 • Introductory level
Course #: BLH10 • Introductory level
Tuesday, June 8, 4–7 p.m.
MBA, 20 West St., Boston
Wednesday, June 16, 4–7 p.m.
MBA, 20 West St., Boston
This three-hour session will focus on four topics of Article V
practice:
This program will provide an overview of Massachusetts construction law. This will include information about construction law
concepts; an overview of construction project claims; a discussion
of the special methods of collection relative to the construction industry (namely mechanic’s lien and bond claims); and demands for
direct payment. The seminar will also discuss the fundamentals of
construction defect litigation, including a review of the economic
loss doctrine and warranty claims.
• Completing and filing petition, medical certificate and other documents
required at initial filing;
• Service of process and notices;
• Completing and filing inventory, account, financial plan, care plan
report; and
• Post-appointment procedures: license to sell real estate, substituted
judgment, estate planning, removal and substitution of guardian/conservator.
The panel will discuss applicable statutes, rules of court and
standing orders, as well as forms and pleadings applicable to guardian and conservator proceedings. There will be time for some questions and answers following the presentation.
Faculty:
John G. Dugan, Esq., program chair
Doherty, Ciechanowski, Dugan & Cannon PC, Franklin
James M. O’Sullivan, Esq.
O’Sullivan & Connolly PC, Norwell
Evelyn J. Patsos, Esq.
Worcester Probate and Family Court
Sponsoring sections/division:
John G. Dugan
Family Law, General Practice, Solo & Small-Firm, Probate Law, Young
Lawyers Division
Topics include:
• How to identify key issues and concepts in Massachusetts construction law;
• Basics of construction claims, including an overview of claims for delay, interference and acceleration, claims for concealed site conditions,
and changes/extras;
• How and when to assert claims for non-payment on projects, including
a review of the fundamentals of mechanic’s liens, bond claims and
demand for direct payment;
• Topics related to construction defect claims, namely the economic loss
doctrine and warranty issues; and
• Traps for the unwary inherent in construction practice (e.g., the deadlines and filing requirements for mechanic’s lien and bond claims), as
well as statutes that uniquely affect the construction industry.
Faculty:
Philip M. Hirshberg, Esq., program chair and moderator
Morrison Mahoney LLP, Boston
Carolyn M. Francisco, Esq.
Corwin & Corwin LLP, Boston
Jeremy Ritzenberg, Esq.
Hinckley, Allen & Snyder LLP, Boston
Sponsoring sections/division:
Real-time Webcast available for
purchase. Visit www.MassBar.org.
Business Law, Civil Litigation, Young Lawyers Division
Philip M.
Hirshberg
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
Massachusetts Law Review seeks submissions
The Massachusetts Law Review, the longest continually run law review in the country, is always
looking for submissions from members of the bar.
The Law Review is circulated around the world and contains comprehensive analyses of
Massachusetts law, commentary on groundbreaking cases and legislation, and reviews of books
of interest to practitioners.
Submit articles or proposals to Periodicals Manager Bill Archambeault at [email protected]
For more information, visit www.massbar.org/submissions.
www. M a s s B a r . o r g
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
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4 M B A C L E / J u n e – AUGUST 2 0 1 0 Criminal Justice Conference
Doing Time: Effective Advocacy
at Sentencing and in the Parole Process
Sponsored by the Criminal Justice Section Council
Course #: CJC10
Tuesday, June 15, 2–6 p.m.
MBA, 20 West St., Boston
Join us for a lively two-part panel discussion on effective advocacy in the sentencing and parole process.
Effective Sentencing Advocacy
With Massachusetts jails and prisons dealing with overcrowded populations, and with courts facing burgeoning dockets (often
with a reduced staff and shrinking budgets), now is the time for
fresh approaches to criminal sentencing. Join us for an insightful
discussion by a distinguished panel of judges, criminal practitioners, and probation officers on creative advocacy in the sentencing and disposition process. Learn about resources that exist, both
inside and outside the court system, which can provide viable
alternatives to incarceration.
Topics Include:
• Tools, tips, and pre-disposition resources available to help obtain the best
possible sentence for your client;
• Effective ways of presenting mitigating information about your client;
The Ins and Outs of the Parole Process
For many criminal practitioners, a case concludes when their
client is sentenced to a term of incarceration and is escorted from
the courtroom in handcuffs to begin serving the sentence. However, attorneys can continue to advocate for clients throughout
the parole process. This distinguished panel will provide a comprehensive explanation of the parole process, from initial hearing
to termination. Learn about ways that attorneys can help their
clients minimize the amount of time they serve, from developing
a creative sentence structure at the plea to advising clients on how
to increase their chances of obtaining parole.
Topics Include:
• Calculation of parole eligibility for both house of correction and state
prison sentences, including complex “from and after” sentences;
• Discussion of the types of parole hearings and their processes and
procedures;
• Lobby Conferences: strategies for effective and innovative dispositional
arguments; and
• Effective representation of clients at “lifer” parole hearings;
• View from the Bench: hear superior and district court judges express
their opinions on persuasive sentencing advocacy and alternatives to
incarceration.
• The Parole Board: its role and function, as well as its criteria in
determining whether to grant parole;
For the most up-to date program and faculty
information, visit www.massbar.org/cle.
• How to best prepare clients for “non-lifer” parole hearings;
• Conditions and supervision of parolees (including discussion of joint
supervision with probation); and
• Parole violations: recision and revocation hearings.
Faculty:
R. Matthew Rickman, Esq.
Conference chair and moderator
LibbyHoopes PC, Boston
*Additional faculty to be announced.
R. Matthew
Rickman
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
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
M B A C L E / J u n e – AUGUST 2 0 1 0 How to Conduct
Discovery in High- and
Low-Income Cases Where
Speed is a Priority
District Court
Survival Guide
Civil Practice
Course #: CLT10 • Introductory level
Course #: FLF10
Wednesday, June 16, 4–7 p.m.
Registry of Deeds, 90 Front St., Worcester
This program details the strategies used to effectively plan for
and handle discovery in three different kinds of cases:
Case #1: Where parties have few assets, discovery is necessary, but they
don’t want to spend all their money getting the information they need.
Case #2: Where parties have significant assets to value and divide, and
discovery involves depositions, experts and production of substantial
documents.
Case #3: Where speed is a priority due to spoliation, manipulation or
diminishing assets, or a short trial date.
Topics include:
• How to effectively plan a discovery strategy;
• When to serve a request for production of documents and when to
serve a subpoena;
• When to take a deposition and how to make it effective;
• When to hire a private investigator;
• How to effectively use an expert witness;
• How to effectively manage documents;
• When you should think about a discovery master;
• When and how to bring a motion to compel; and
• The impact of Massachusetts Privacy Law 201 CMR 17 (WISP) on
discovery.
Faculty:
Jennifer R. Clapp, Esq., program chair and moderator
Grindle, Robinson, Goodhue & Frolin, Wellesley
Hon. Gregory V. Roach
Worcester Probate and Family Court
Megan H. Christopher, Esq.
MetroWest Legal Services, Framingham
Paige Dunmire Firment, Esq.
Paige Dunmire Firment, Attorney at Law, Worcester
Patrick M. Hart, Esq.
Hart Law Offices, Marlborough
*Additional faculty to be announced.
Sponsoring section/division:
Family Law, Young Lawyers Division
Monday, July 19, 4–6:30 p.m.
MBA, 20 West St., Boston
This seminar is designed to educate practitioners on the
fundamentals of civil litigation in the district courts of Massachusetts. Panelists will discuss preparing cases for trial, motion
practice and trials and appeals.
Faculty:
Amy Cashore Mariani, Esq., program chair
Fitzhugh & Mariani LLP, Boston
Hon. Robert A. Cornetta
Presiding Justice, Salem District Court
Kathleen M. Guilfoyle, Esq.
Campbell, Campbell, Edwards & Conroy PC, Boston
Ann O’Malley, Esq.
O’Malley & Harvey, Boston
Amy Cashore
Mariani
Criminal Practice
Course #: CLS10 • Introductory level
Monday, Aug. 16, 4–6:30 p.m.
MBA, 20 West St., Boston
This seminar is designed to educate practitioners on the
fundamentals of criminal litigation in the district courts of
Massachusetts. Topics will include arraignment, bail, trial and
209A practice.
Faculty:
Jennifer R. Clapp
Amy Cashore Mariani, Esq., program chair
Fitzhugh & Mariani LLP, Boston
Hon. Robert A. Cornetta
Presiding Justice, Salem District Court
Martin F. Kane II, Esq.
McGrath & Kane Inc., Boston
Raymond Sayeg Jr., Esq.
Denner & Associates PC, Boston
*Additional faculty to be announced.
Sponsoring sections/division:
Civil Litigation, Criminal Justice, General Practice, Solo & Small-Firm
Young Lawyers Division
*Discounted rates for attending both the
Civil Practice and Criminal Practice seminars.
See page 11 for details.
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
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
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6 M B A C L E / J u n e – AUGUST 2 0 1 0 Practice Skills for CAFL
and DCF Attorneys
Evening roundtable (refreshments provided)
Workplace Injury
The Seminar You Can’t Miss
Course #: JWA10 • Intermediate level
Course #: CLP10
Intermediate level
Tuesday, June 22, 4–6 p.m.
MBA, 20 West St., Boston
Wednesday, June 23, 3–7 p.m.
MBA, 20 West St., Boston
Hone your practice skills with expert practitioners and judges
from the Juvenile Court to enhance advocacy in the courtroom.
The panel will focus on practical examples and tips on topics from
motions to evidence to cross examination to ensure attorneys provide effective assistance of counsel to their clients.
Topics will include oral advocacy skills, sample motions and
witness examination skills.
Faculty:
Peter A. Hahn, Esq, program chair and moderator
Hilton, Sindelar, Hahn & Mollow, Newton
Hon. Terry M. Craven
Suffolk County Juvenile Court
Hon. Joseph F. Johnston
Essex County Juvenile Court
Martha Rush O’Mara. Esq.
Law Office of Martha Rush O’Mara, Melrose
Maria C. Ventullo, Esq.
Law Office of Maria C. Ventullo, Andover
*Additional faculty to be announced.
Peter A. Hahn
Sponsoring sections:
Family Law, Juvenile & Child Welfare
The Impact of Estate Planning
on Marital Assets in Divorce
Course #: PLT10 • intermediate Level
Thursday, June 24, 4–6:30 p.m.
MBA, 20 West St., Boston
In this program, you will receive a judicial update on
breaking case law, learn about the ethical traps inherent in
Medicare offsets and understand what you have to do in order to be in compliance with new data privacy laws. You will
also find out how to develop effective vocational evidence
consistent with the Pear Eady case. Finally, you’ll learn how
to uncover and litigate valuable “third-party cases.”
Faculty:
Douglas K. Sheff, Esq., program co-chair and moderator
Sheff Law Offices PC, Boston
Michael C. Akashian, Esq., program co-chair
Landman & Akashian LLP, Boston
Channing Migner, Esq., program co-chair
Law Office of Channing Migner PC, Worcester
Marianne Swenson, Esq., program co-chair
Curtin, Murphy & O’Reilly, Boston
Hon. Bernard Fabricant
Department of Industrial Accidents, Boston
Richard P. Bock, Esq.
Law Offices of Thomas M. Niarchos, Springfield
Marcy Goldstein-Gelb
Executive Director, MassCOSH, Dorchester
Sponsoring section:
Civil Litigation
This program will review the impact of estate planning on the division of marital assets in a divorce.
Topics include:
• Revised provisions of the Uniform Probate Code impacting estate plans;
• The use of pre-nuptial agreements to protect family assets and businesses;
• Domestic relations orders; and
• Current case law impacting the revision of estate plans or the transfer of assets.
Faculty:
Douglas K.
Sheff, moderator
David J. Correira, Esq., program chair
Correira & Iacono LLP, Swansea/Boston
Denise Squillante, Esq.
Law Office of Denise Squillante, Fall River
Sponsoring sections:
Family Law, Probate Law
Michael C.
Akashian
Channing
Migner
Marianne
Swenson
Real-time Webcast available for
purchase. Visit www.MassBar.org.
David J. Correira
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
M B A C L E / J u n e – AUGUST 2 0 1 0 Fundamentals of Civil
Motion Practice
Employment Law Basics
Course #: LEE10 • Introductory level
Monday, July 26, 4–7 p.m.
MBA, 20 West St., Boston
Course #: CLU10 • Introductory level
This nuts-and-bolts seminar is designed to provide a basic introduction to employment and labor law for the newer attorney as
well as for seasoned attorneys who want to expand their practice
or learn more about this area of law. Our expert panel will provide a broad, substantive overview, highlighting statutes, case law
and practice pointers, enabling you to understand the complex and
ever-changing field of employment and labor law. Gain substantive
knowledge and practical experience you can use to represent your
client or your company.
Nearly every civil case involves some aspect of motion practice.
This seminar will address the procedural and substantive requirements of effective motion practice in both the state and federal
courts, including procedural requirements for filing and drafting
motions, advice on drafting motions and a discussion of the substantive aspects of common civil motions.
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Tips for evaluating employment cases;
Plaintiffs’ employment law issues;
At-will employment;
Wage and hour basics;
Perspectives on settling employment cases; and
Practicing before the MCAD.
If you are a new attorney, you won’t want to miss
this informative seminar. Stay current and gain new
practice skills by registering today.
Faculty:
Sheryl Eisenberg
Sheryl Eisenberg, Esq., program co-chair
Hirsch, Roberts, Weinstein LLP, Boston
Christina L. Montgomery, Esq., program co-chair
Law Office of Christina L. Montgomery, Waltham
*Additional faculty to be announced.
Wednesday, July 28, 4–7 p.m.
MBA, 20 West St., Boston
Topics include:
• Procedural requirements for motion practice in the state’s district and
superior courts, and in the U.S. District Court of Massachusetts;
• Recent changes to summary judgment practice under the new Superior Court Rule 9A; • When and how reply briefs are allowed;
• Drafting dispositive motions, such as motions for summary judgment
and motions to dismiss;
• Special requirements for discovery motions;
• Motions for injunctive relief, including temporary restraining orders and
for preliminary injunctions;
• Trial motions, including motions in limine, motions for a directed verdict
and post-trial motions; and
• Practical advice for drafting motions and conducting oral arguments.
Faculty:
Sponsoring sections/division:
General Practice, Solo & Small-Firm, Labor & Employment
Law, Young Lawyers Division
Christina L.
Montgomery
Philip M. Hirshberg, Esq., program chair and moderator
Morrison Mahoney LLP, Boston
Alice A. Kokodis, Esq.
Edwards, Angell, Palmer & Dodge LLP, Boston
Bruce Medoff, Esq.
Smith & Brink PC, Quincy
Gareth W. Notis, Esq.
Morrison Mahoney LLP, Boston
Philip M.
Hirshberg
Sponsoring sections/division:
Civil Litigation, General Practice, Solo & Small-Firm, Young Lawyers Division
Basics of Developing an Estate Plan
Course #: PLW10 • Introductory level
Thursday, July 29, 4–7 p.m.
MBA, 20 West St., Boston
Estate planning can provide the foundation for a rewarding
law practice. To ensure that you are providing the best estate planning service to your clients, attend this seminar to learn practical
pointers for developing an estate plan from beginning to end. Participants will also gain knowledge of issues concerning estate tax,
planning for long-term care (Medicaid) and providing for minors.
Learn from our experts in the field of estate planning.
Faculty:
Kevin G. Diamond, Esq., program chair
Shea & Diamond LLP, Holliston
*Additional faculty to be announced.
Sponsoring sections/division:
Probate Law, General Practice, Solo & Small-Firm,
Young Lawyers Division
Kevin G.
Diamond
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
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
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8 M B A C L E / J u n e – AUGUST 2 0 1 0 Handling Depositions
with Confidence
Basics of Divorce Practice
Course #: CLV10 • Introductory level
Tuesday, Aug. 10, 4–7 p.m.
MBA, 20 West St., Boston
Tuesday, Aug. 3, 2–5 p.m.
MBA, 20 West St., Boston
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.
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Understanding the “usual stipulations;”
Knowing when one should be “on the record” or “off the record;”
How to handle difficult opposing counsel;
How to handle a 30(b)(6) deposition;
What to do if the deponent wants to speak to his or her attorney;
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
Immigration Law Essentials
Course #: IME10 • Introductory level
Thursday, Aug. 5, 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.
Topics will include: types of visas — permanent green cards
and temporary visas; naturalization; employer compliance/enforcement; family and employer sponsors; relief from deportation; and
immigration reform legislation.
Faculty:
Divorce practice ranks among the most demanding, complex
and challenging areas of legal work. In order to be effective and
avoid costly mistakes, counsel must be prepared to address a wide
array of issues — from asset valuation and division, to child custody matters, to taxation — often in high-pressure, deadline-driven
arenas.
This course will teach you how to determine the facts of your
client’s case, select appropriate avenues of relief and parry your opponent’s strategies while you become familiar with relevant statutes,
rules and leading cases that you can use to achieve positive results
for your client.
Topics include:
• Initiating representation: how to interview prospective clients, address
ethical issues that arise in establishing representation and develop a
theory of your case;
• Core values: tips on preparing Rule 401 financial statements;
• Obtaining temporary orders: spousal and child support, asset preservation and visitation;
• Discovery: Rule 410, coping with the dishonest or secretive spouse,
the discovery toolkit;
• Matters involving children: an overview of custody and visitation;
guardians ad litem; special problems that children face when they are
involved in divorce cases;
• Pretrial conferences and case management conferences: when to
request them and how to prepare the appropriate materials to make
the best use of them;
• Settlement primer: factors to consider in settlement negotiations, how
to protect yourself and your client and how to determine whether or not
a case should go to trial; and
• Trial preparation checklist.
Faculty:
Deborah M. Faenza, Esq., program co-chair
Ryan & Faenza, Walpole
Susan A. Huettner, Esq., program co-chair
Law Office of Susan A. Huettner PC, Sandwich
Sponsoring sections/division:
Family Law, General Practice, Solo & Small-Firm, Young
Lawyers Division
Deborah M.
Faenza
Susan A.
Huettner
Joseph P. Curran, Esq., program co-chair
Curran & Berger, Northampton
*Additional faculty to be announced.
Sponsoring sections/division:
Course #: FLG10 • Introductory level
Joseph P. Curran
Access to Justice, Criminal Justice, Family Law, General
Practice, Solo & Small-Firm, Labor & Employment Law, Immigration Law,
Individual Rights & Responsibilities, Young Lawyers Division
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
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
M B A C L E / J u n e – AUGUST 2 0 1 0 Fundamentals of Effective
Discovery
Course #: CLW10 • Introductory level
Wednesday, Aug. 18, 2–5 p.m.
MBA, 20 West St., Boston
Geared toward attorneys with little or no experience, this basic seminar will provide practice tips and pointers for litigation attorneys seeking an overview of formal discovery techniques. Learn
how to implement a strategic discovery plan and utilize discovery
methods that will allow you to obtain the information you need to
successfully position yourself for trial or settlement.
Topics include:
• How to outline a case notebook;
• Strategies for scheduling and taking depositions;
• How to draft and respond to requests for production of documents,
interrogatories and admissions;
• When to draft a notice to compel;
• Final requests for interrogatory answers under new Mass. R. Civ. P.
33; and
• Ethical limitations on discovery.
Faculty:
Trial Practice Luncheon
Roundtable Series
(Lunch provided)
Part I: Pretrial Preparation
and Jury Issues
Course #: CLX10 • Introductory level
Thursday, Aug. 19, noon–2 p.m.
MBA, 20 West St., Boston
Join us for the first of two exciting luncheon roundtables
that will break down the various components of a trial and
help attendees develop and enhance their skills as trial attorneys. Our expert panel, comprised of top litigators in their
respective fields with a wide variety of experience in trying
cases, will share practical tips on effective advocacy and proper
preparation.
Topics include:
• Preparing a trial notebook;
• Motions in limine;
• Jury issues, including instructions, voir dire and empanelment; and
Grace V. Bacon Garcia, Esq., program chair
Morrison Mahoney LLP, Boston
Philip M. Hirshberg, Esq.
Morrison Mahoney LLP, Boston
Gregg A. Rubenstein, Esq.
Nixon Peabody LLP, Boston
• Preparing witnesses.
Part II: Trial Issues
Course #: CLY10 • Introductory level
Sponsoring sections/division:
Thursday, Aug. 26, noon–2 p.m.
MBA, 20 West St., Boston
Civil Litigation, General Practice, Solo & Small-Firm, Young
Lawyers Division
Grace V. Bacon
Garcia
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
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.
MBA
CLE
Editors
Elizabeth A. Varney, Esq., CLE manager
[email protected]
Michele A. Himes, Esq., CLE program attorney
[email protected]
Design and Production
N. Elyse Lindahl, senior design manager
[email protected]
Series faculty:
Jeffrey N. Catalano, Esq., program chair
Todd & Weld LLP, Boston
Hon. Andrew M. D’Angelo
Stoughton District Court, Stoughton
Alice B. Braunstein, Esq.
Denner Pellegrino 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
and 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
9
10 MBA CLE / JUNE–JULY 2010
mba On Demand
An innovative approach to Continuing Legal
Education and other association offerings
Unable to attend an MBA conference, seminar or roundtable?
Experience an MBA presentation from the comfort of your home or office.t
The following online, recorded CLE programs are now available for purchase:
• From the Family Law Conference:
State of the Trial Court; Issues of Interstate Custody; The Hague Convention and Issues of International Custody; DOMA: What Hurdles Does
DOMA Place in the Way of Same-Sex Married Couples and Those Who are Divorcing?; and Federal Tax Issues in Family Law
• How to Start and Run a Successful Solo or Small-Firm Practice
• Offers and Purchase and Sale Agreements
• Looking for Career Control and Satisfaction? Small Firms Offer Big Options
• Distressed Property Bootcamp: Session I: Short Sales
• Distressed Property Bootcamp: Session II: Foreclosure
• Handling Depositions with Confidence
• H-1B Basics
• Probate/Property Series:
Part I: Real Estate Trusts and the Use of Trusts in Estate Planning, Part II: How to Handle a Petition to Partition from a Probate and
Property Law Perspective, and Part III: Probating Real Estate from Start to Finish
• Reverse Mortgages
• Basics of Developing an Estate Plan
• It’s Confidential — Privilege Law in Massachusetts
• Mediation Advocacy Tips, Tactics and Techniques
• The Impact of Social Networking on Employment Law
• Earning Attorney Fee Awards for Helping Low- and Middle-Income Clients
• Recent Developments in:
Personal Injury and Insurance Law; Probate Law; Family Law; Juvenile Law; Employment Law; Real Estate Law; and Bankruptcy Law
• Contempt Trends and Beyond
• Planning with LLCs
• Basics of Divorce Practice
• Expanding Horizons for Senior Lawyers
• Non-Competition Agreements
• Canadian Entries: Some Tokens for Invisible Turnstiles
• Social Media for Lawyers: How to Boost Your Practice and Avoid Pitfalls
• Compliance with the New Data Privacy Laws
• Building Business in the Post-Crash Economy
Sample the following MBA ON
DEMAND programs for FREE:
• Traps for the Unwary
• A View from the Bench: Effective Oral and Written Advocacy
• MBA Annual Conference 2010 Gala Dinner Keynote Speaker:
Morris Dees, Chief Trial Consel and Co-Founder of the
Southern Poverty Law Center
 Featured at www.MassBar.org/OnDemand
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 registration form
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 assis-
City: ________________________________________State: ___________________________ Zip + 4: ___________________________________________________
tance. Please contact me.
Phone: _______________________________Fax: ___________________________ E-mail: _ ___________________________________________________________
M B A
M E M B E R S
Sponsoring section/ Paralegals, law Co-sponsors,
division/committee
students,
members
2009 admittees other members
Check sessions you will be attending (fees include any written materials and meals when applicable):
Fourth annual Public Law Conference
$80
PUA10 Wednesday,
June 2, 9 a.m.–2 p.m., MBA, Boston
(PU)
$80
 CLR10 The ABCs of Social Security Disability Cases
Thursday, June 3, 4–7 p.m., MBA, Boston
(CL, PL, PU, YL)
$80
 YLA10 Staying Professional in the Practice
Monday, June 7, 4–7 p.m., MBA, Boston
(YL)
$80
 PLU10 Uniform Probate Code Article V Update
Tuesday, June 8, 4–7 p.m., MBA, Boston
(FL, GP, PL, YL)
$80
 CJC10 Criminal Justice Conference–Doing Time: Effective Advocacy at Sentencing and in the Parole
Process, Tuesday, June 15, 2–6 p.m., MBA, Boston
(CJ)
How
to
Conduct
Discovery
in
Highand
Low-Income
Cases
Where
Speed
is
a
Priority
$80
 FLF10
Wednesday, June 16, 4–7 p.m. Registry of Deeds, Worcester
(FL, YL)
Basics
of
Massachusetts
Construction
Law
$80
 BLH10
Wednesday, June 16, 4–7 p.m., MBA, Boston
(BL, CL, YL)
$15
 JWA10 Practice Skills for CAFL and DCF Attorneys
Tuesday, June 22, 4–6 p.m., MBA, Boston­—Evening roundtable (refreshments provided)
(FL, JW)
$80
 CLP10 Workplace Injury—The Seminar You Can’t Miss
Wednesday, June 23, 3–7 p.m., MBA, Boston
(CL)
$80
 PLT10 The Impact of Estate Planning on Marital Assets in Divorce
Thursday, June 24, 4–6:30 p.m., MBA, Boston
(FL, PL)
$80
 CLT10 District Court Survival Guide: Civil Practice*
Monday, July 19, 4–6:30 p.m., MBA, Boston
(CL, CJ, GP, YL)
$80
 PRK10 How to Handle a Residential Real Estate Closing
Tuesday, July 20, 4–7 p.m., MBA, Boston
(GP, PR, YL)
$80
 LEE10 Employment Law Basics
Monday, July 26, 4–7 p.m., MBA, Boston
(GP, PR, YL)
$80
 CLU10 Fundamentals of Civil Motion Practice
Wednesday, July 28, 4–7 p.m., MBA, Boston
(CL, GP, YL)
$80
 PLW10 Basics of Developing an Estate Plan
Thursday, July 29, 4–7 p.m., MBA, Boston
(PL, GP, YL)
$80
 CLV10 Handling Depositions with Confidence
Tuesday, Aug. 3, 2–5 p.m., MBA, Boston
(CL, GP, YL)
$80 (IM, AJ, CJ, FL,
 IME10 Immigration Law Essentials
Thursday, Aug. 5, 2–6 p.m., MBA, Boston
LE, IR, GP, YL)
$80
 FLG10 Basics of Divorce Practice
Tuesday, Aug. 10, 4–7 p.m., MBA, Boston
(FL, GP, YL)
$80
 CLS10 District Court Survival Guide: Criminal Practice*
Monday, Aug. 16, 4–6:30 p.m., MBA, Boston
(CL, CJ, GP, YL)
$80
 CLW10 Fundamentals of Effective Discovery
Wednesday, Aug. 18, 2–5 p.m., MBA, Boston
(CL, GP, YL)
$15
 CLX10 Trial Practice Luncheon Roundtable Series—Part I: Pretrial Preparation and Jury Issues
Thursday, Aug. 19, noon–2 p.m., MBA, Boston­—Luncheon roundtable (lunch provided)
(BL, CJ, CL, GP, YL)
$15
 CLY10 Trial Practice Luncheon Roundtable Series—Part II: Trial Issues
Thursday, Aug. 26, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch provided)
(BL, CJ, CL, GP, YL)
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.
*Discounted rates for attending both the Civil Practice (July 19) and Criminal Practice (Aug. 16) seminars: Section members—$130;
MBA member new admittees/paralegals/law students—$60; other MBA members—$200; nonmembers—$290

Nonmembers
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$15
$25
$50
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$40
$115
$160
$15
$25
$50
$15
$25
$50
$
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 $____________.
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 credit card at (617) 542-3057.
Charge my:
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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
Fourth Annual Public Law Conference
A
Sponsored by the Public Law Section Council
ttorneys representing governmental bodies and those who
appear before agencies of the government face various issues related to balancing openness in government with institutional confidentiality concerns. During 2009, the legislature enacted significant reforms in the state’s Open Meeting Law
(OML) that will transfer responsibility for all enforcement of the law
to the Attorney General’s Office effective July 1, 2010. In addition, the
increasing use of social media by government agencies and personnel
presents OML, public records law and other legal issues. In this context, our Fourth Annual Public Law Conference will provide current
information for both the new and the experienced practitioner.
The conference will open with a panel discussion on the implementation of the new OML. Topics discussed will include the substantive
changes in the OML and the attorney general’s new enforcement powers. The panel will also discuss the interplay between the OML and
Public Records Law.
The second session will provide practitioners with an overview of
the legal issues associated with the use of social media by government
agencies.
The conference concludes with the luncheon keynote speaker, Robert A. Nasdor, director, Division of Open Government. Mr. Nasdor
will discuss the attorney general’s new responsibilities under the OML,
including the organization and functions of the Division of Open Government and the training and outreach resources that will be available
to public officials subject to the OML.
Schedule:
• Registration and continental breakfast............................................... 8:30 a.m.
• Welcome and introductions....................................................................... 9 a.m.
• Panel Discussion — The New Open Meeting Law.............................. 9:15 a.m.
• Break..................................................................................................... 11:15 a.m.
• Use of Social Media by Government Agencies................................. 11:30 a.m.
• Keynote luncheon. .............................................................................. 12:30 p.m.
Course #: PUA10
Wednesday, June 2
9 a.m.—2 p.m.
MBA, 20 West St., Boston
Due to limited space,
pre-registration is
required.
Faculty:
Robert Nasdor, Esq., director
Division of Open Government, Office of the Attorney General, Boston
Christopher J. Petrini, Esq.
Petrini & Associates PC, Framingham
Brian W. Riley, Esq.
Kopelman & Paige PC, Boston
Robert W. Ritchie, Esq., general counsel
Massachusetts Department of Agricultural Resources, Boston
Stephanie Zierten, Esq., deputy general counsel
Mass. Information Technology Division, Boston
After live program, recorded program available for
purchase at www.MassBar.org/OnDemand.
Register at www.MassBar.org/PublicLaw or call (617) 338-0530.