Document Sample
					       MBA CLE
                                                                                       TS BAR A
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                                                                                                            C I AT I O N

Massachusetts Bar association continuing LegaL education / april – May 2011

                                                                                                                                                                 i n si d e
                                                                                                                                            MBA CLE BY PRACTICE AREA
                                                                                                                                                                    Business Law
                                                                                                                                        The Life Cycle of a Business Series: Four Programs
                                                                                                                                         for Any Lawyer with Business Clients
                                                                                                                                         Session I: Beginning a Business / Protecting Assets ...........9
                                                                                                                                         Session II: The Life of a Business........................................9
                                                                                                                                         Session III: The Home of a Business/Financing...................9
                                                                                                                                         Session IV: The End of a Business ......................................9
           MBA CentenniAl                                                                                                               Intellectual Property Basics for the Non-Specialist .........13
                                                                                                                                               Civil Litigation and Criminal Law
          ConferenCe And BAll                                                                                                           Representing the OUI Client..............................................5
                                                                                                                                        Advanced Deposition Skills: Effective Techniques for
                                                                                                                                         Taking and Defending Key Depositions for Trial ............12
                  We d ne s day, May 18 –Thu r s day, May 19                                                                                                          Family Law
                               She r ato n Bos to n                                                                                     Assisted Reproductive Technology (ART): Current Trends,
                                                                                                                                         Practices and Procedures ................................................7
   The MBA will commemorate its 100th anniversary with two days of celebrations featuring:                                              Attacking and Defending Premarital and Marital
                                                                                                                                         Agreements: Things You Should Know .........................12
                                               M ay 18
                          B e n c h - B a r Pa n e l “ H a i l t o t h e C h i e f s ”                                                                          General Practice
         Take part in an informal panel discussion addressing important bench-bar topics.                                               MBA CENTENNIAL CONFERENCE AND BALL ...............2
   Attendees will have an opportunity to interact with distinguished members of the judiciary.                                          Attorneys Master Class:
                                                                                                                                         Building Your Million-Dollar Practice in the
                          Ac c e s s t o J u s t i c e Aw a r d s L u n c h e o n                                                         New Economy ................................................................8
  Recognizing outstanding members of the legal community who make significant contributions to                                           Taking Control of Your Time, Your Technology and
        communities and to the profession through their volunteer and pro bono efforts.                                                   Your Profits ...................................................................8
                                       M ay 19                                                                                          Getting Paid: How to Effectively Market Your Practice
                                      Ce n te n n i a l B a l l                                                                          with Conventional and Alternative Fee Agreements .... 11
         Featuring keynote speaker Supreme Court Associate Justice Stephen G. Breyer and                                                LOMAP’s Super Marketing Conference ....................13
  presentation of the MBA Hennessey Award to retiring U.S. District Court Judge Nancy Gertner                                           MBA ON DEMAND............................................................14
                                           M ay 18 –19                                                                                                                Health Law
                               Co n t i n u i n g L e g a l Ed u c a t i o n                                                            Final Directives: Medical and Legal Perspectives on
                   Two days of extensive CLE programming including three tracks                                                          Death and Dying .............................................................6
                    focused on young lawyers, litigation and substantive law.                                                                           Juvenile & Child Welfare
                                                                                                                                        Special Education Law and Autism ...................................7
                                                                                                                                                                     Probate Law
                                                                                                                                        A Trust Series You Can Trust: A Comprehensive
                                                                                                                                         Guide to Trust Practice
                                                                                                                                         The Nightmare of Trust Law vs. Medicaid Regulations .... 10
                                                                                                                              io   n.    Trust Administration....................................................... 10
                                                                                                                      rm                 Trust Litigation ............................................................... 10
                                                                                                             n   fo
                                                                                                          ei                                                        Property Law
                                                                                                 m   or                                 How to Handle a Residential Real Estate Closing ............ 11
                                                                                          f   or
                                                                                 g   e2                                                                             Taxation Law
       Supreme Court Associate         U.S. District Court                    pa                                                        When the Litigation is Over: Taxation of Damages and
       Justice Stephen G. Breyer     Judge Nancy Gertner                  e
                                                                     Se                                                                  Release of the Medicare Lien ........................................13

                   A    Pu b l i c a t i o n          o f    t h e    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 / april – M a y 2 0 1 1

                       CentenniAl ConferenCe                                                                                 And        BAll
                                                       Wednesday, May 18–Thursday, May 19
                                                                Sheraton Boston

   The Massachusetts Bar Association Centennial Conference will feature three concurrent continuing legal education tracks that will kick-
off on Wednesday, May 18 with a half-day of programming, and continue with a full-day of seminars on Thursday, May 19.
   The conference will also feature the annual Access to Justice Awards Luncheon on May 18, featuring keynote speaker Lt. Gov. Timothy
P. Murray, and the Centennial Ball on May 19. The ball will include a keynote address from Supreme Court Associate Justice Stephen
G. Breyer and a special MBA Hennessey Award presentation to retiring U.S. District Court Judge Nancy Gertner.

                                                                       WEdnEsdAY, MAY 18

            CLE TRACK 1:                                                   CLE TRACK 2:                                              CLE TRACK 3:
        YOUnG LAW YERs TRACK                                            LITIGATIOn TRACK                                          sUBsTAnTIVE TRACK
   RUnnInG YOUR LAW PRACTICE                                      HOT IssUEs In dIsCOVERY                                          FAMILY LAW UPdATE
      On A sHOEsTRInG BUdGET                                Hon. Elizabeth M. Fahey, Superior Court; Robert L.        Chief Justice Paula M. Carey, Probate & Family Court;
 Keith A. Minoff, Esq., Law Office of Keith A. Minoff PC,   Holloway Jr., Esq., MacLean, Holloway, Doherty, Ardiff    Phyllis E. Federico, Esq., Schmidt & Federico PC, Boston;
 Springfield; David W. White Jr., Esq., Breakstone, White   & Morse, Peabody; Michael P. Sams, Esq., Kenney &         Denise Squillante, Esq., Law Office of Denise Squillante,
 & Gluck PC, Boston                                         Sams PC, Boston                                           Fall River

             LIMITEd AssIsTAnCE                           CRAFTInG A WInnInG THEME —                                     TREnds In EMPLOYMEnT LAW
   REPREsEnTATIOn OPEn FORUM                                        FROM sOUP TO nUTs                                 Hon. Nancy S. Holtz, Superior Court; Marsha V.
 Hon. Edward M. Ginsburg (ret.), Senior Partners for    Hon. Peter W. Agnes Jr., Superior Court; Leo V. Boyle,        Kazarosian, Esq., Kazarosian Law Offices, Haverhill;
 Justice, Boston; Thomas J. Barbar, Esq., Deutsch,      Esq., Meehan, Boyle, Black & Bogdanow, Boston; J.W.           Denise I. Murphy, Esq., Rubin and Rudman LLP, Boston
 Williams, Brooks, DeRensis & Holland PC, Boston; Linda Carney Jr., Esq., Carney & Bassil, Boston
 Sternberg, Esq., Linda Sternberg, Attorney at Law,
            BEnCH–BAR PAnEL:
           “HAIL TO THE CHIEFs”
 Take part in an informal discussion with nine
 of the state’s chief justices which will address
 important bench-bar topics. Supreme Judi-
 cial Court Clerk Maura Doyle will be pre-
 sented an MBA Public Service Award.
                 Reception to follow.                           Hon. Ralph D. Gants        Hon. Paula M. Carey       Hon. Lynda M. Connolly Hon. Michael F. Edgerton
                                                                    (moderator)                 Chief Justice              Chief Justice           Chief Justice
                                                                   Associate Justice      Probate and Family Court        District Court          Juvenile Court
                                                                Supreme Judicial Court

        Hon. Charles R. Johnson Hon. Robert A. Mulligan         Hon. Steven D. Pierce      Hon. Phillip Rapoza       Hon. Barbara J. Rouse       Hon. Karyn F. Scheier
              Chief Justice     Chief Justice for Administra-        Chief Justice             Chief Justice              Chief Justice               Chief Justice
         Boston Municipal Court    tion and Management             Housing Court              Appeals Court              Superior Court                Land Court
     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 / a p ri l – M a y 2011                                                                                                                                                      3

                                                                            THURsdAY, MAY 19

             CLE TRACK 1:                                                       CLE TRACK 2:                                                 CLE TRACK 3:
         YOUnG LAW YERs TRACK                                                LITIGATIOn TRACK                                             sUBsTAnTIVE TRACK
    sOCIAL MEdIA FOR LAW YERs                                                 EVIdEnCE                                                         UPC UPdATE
Robert J. Ambrogi, Esq., Law Office of Robert J.         Hon. Peter M. Lauriat, Superior Court; Hon. Judith                  Mark A. Leahy, Esq., Whittum & Leahy, Hingham;
Ambrogi, Rockport; David C. Harlow, Esq., Principal, The Fabricant, Superior Court                                           Edward Notis-McConarty, Esq., Hemenway & Barnes
Harlow Group LLC, Newton                                 *Additional faculty to be announced.                                LLP, Boston
        60 sITEs TO BRInG YOUR                                            dIRECT- And CROss -                                                 CRIMInAL LAW
          FIRM InTO THE FUTURE                                         EXAMInATIOn OF EXPERT                                 Hon. Jay D. Blitzman, Juvenile Court; Hon. Robert
Robert J. Ambrogi, Esq., Law Office of Robert J.                                    WITnEssEs                                Ronquillo Jr., Boston Municipal Court ; Lee J.
Ambrogi, Rockport; Rodney Dowell, Esq., Law Office             Hon. Carol S. Ball, Superior Court; Richard P. Campbell,      Gartenberg, Esq., Middlesex County Sheriff’s Dept., N.
Management Assistance Program, Boston; Alan J.                 Esq., Campbell Campbell Edwards & Conroy PC, Boston;          Billerica
Klevan, Esq., Klevan & Klevan LLP, Wellesley                   Michael E. Mone, Esq., Esdaile, Barrett & Esdaile, Boston     *Additional faculty to be announced.
   nETWORKInG sTRATEGIEs FOR                                          COnVInCInG THE JUdGE:                                        sECRET WEAPOns FOR THE
      THE sUCCEssFUL ATTORnEY                                           PRACTICAL AdVICE FOR                                     PERsOnAL InJURY ATTORnEY
Hon. Wilbur P. Edwards Jr., Southeast Housing Court;                              LITIGATORs                                 Hon. Thomas E. Connolly, Superior Court; Jonathan
Jeffrey N. Catalano, Esq., Todd & Weld LLP, Boston             Hon. Paul A. Chernoff (ret.), Superior Court; Hon.            A. Karon, Esq., Karon & Dalimonte LLP, Boston; Lee S.
                                                               Cynthia J. Cohen, Appeals Court; David E. Meier, Esq.,        MacPhee, Esq., Morrison Mahoney LLP, Boston; Douglas
                                                               Todd & Weld LLP, Boston; Kathleen M. O’Donnell, Esq.,         K. Sheff, Esq., Sheff Law Offices PC, Boston
                                                               Marcotte Law Firm, Lowell; J. Owen Todd, Esq., Todd &
                                                               Weld LLP, Boston
      TECHnOLOGY FROM YOUR                                                         VOIR DIRE                                  TAX IMPLICATIOns In
     OFFICE TO THE COURTROOM                                   Christopher A. Duggan, Esq., moderator, Smith            REAL EsTATE TRAnsACTIOns
Gabriel Cheong, Esq., Infinity Law Group LLC, Quincy;          & Duggan LLP, Boston; James M. Campbell, Esq.,      Elizabeth J. Barton, Esq., CATIC, Wellesley; Lisa M. Rico,
Channing Migner, Esq., Law Office of Channing Migner           Campbell Campbell Edwards & Conroy PC, Boston; John Esq., Gilmore, Rees & Carlson PC, Wellesley
PC, Worcester                                                  V. Phelps, Esq., Womack Landis Phelps & McNeil, A
                                                               Professional Association, Jonesboro, Ark.
                                  BUILdInG A sOLId FOUndATIOn: MAnAGInG LAW PRACTICE RIsK*
                                                  Scott D. Burke, Esq., Morrison Mahoney LLP, Boston
 *Massachusetts lawyers who are MBA members can earn up to a 7.5 percent premium credit on Massachusetts professional liability insurance offered by CNA through the MBA
 Insurance Agency. You can earn a 5 percent premium credit by attending the “Building a Solid Foundation: Managing Law Practice Risk” session, plus one other Substantive Law Track
 session. If more than one-third of your firm’s attorneys attend, you can earn up to a 7.5 percent premium credit. This offer is valid for new and renewed lawyers’ professional liability
 insurance policies with an effective date of Aug. 1, 2011 to July 31, 2012. This offer may not be combined with any other malpractice prevention/CLE premium credits.

                         WEdnEsdAY, MAY 18                                                                                    THURsdAY, MAY 19

     AnnuAl ACCess to JustiCe                                                                                         CentenniAl BAll
       AwArds lunCheon                                                                            The Centennial Ball
The Annual Access to Justice Awards Lun-                                                          will be the social high-
cheon provides an opportunity to recog-                                                           light of the 2010–11
nize outstanding members of the legal                                                             association year for
community who make significant contri-                                                            members. Be sure to
butions to communities and to the profes-                                                         be a part of an event
sion through their volunteer and pro bono                                                         that will offer unique
efforts. This year’s keynote speaker will be                                                      networking opportu-
Lt. Gov. Timothy P. Murray who will                                                               nities, an insightful
                                                                                                  keynote address by         sUPREME COURT    U.s. dIsTRICT COURT
also be presented with an MBA Centen- LT. GOV. TIMOTHY P.                                                                   AssOCIATE JUsTICE    JUdGE nAnCY
nial Award. Access to Justice Award pre-           MURRAY                                         Supreme Court Asso-       sTEPHEn G. BREYER       GERTnER

sentations include the Legal Services Award, Pro Bono Award for                                   ciate Justice Stephen
Law Firms, Pro Bono Publico Award, Defender Award and the                                         G. Breyer and presentation of the MBA’s prestigious Hennessey
Prosecutor Award.                                                                                 Award to retiring U.S. District Court Judge Nancy Gertner.
                                                                                                  Also, the MBA Gold Medal Award will also be presented to Foley
      Look for the full schedule of programming, including                                        Hoag’s Michael B. Keating and an MBA Centennial Award will be
   descriptions and faculty, as well as information about the                                     bestowed to Mintz Levin’s Richard G. Mintz.
    rest of the conference events in future issues of Lawyers
    Journal, Lawyers e-Journal and in e-mail communication.                                 Dessert reception and dancing to follow.
                          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 o r c a l l ( 6 1 7 ) 3 3 8 - 0 5 3 0 .
                                                        See page 4 for registration form.
                             MBA C EN TENNIA L C ONFERENCE AND BALL REg Is TRATI O N

Name: Mr./Ms./Hon._______________________________________________Contact name/phone: ____________________________________________
Firm/org.: _____________________________________________________________________________________________________________________
Phone: __________________________________ Fax: ____________________________________ E-mail: ______________________________________
c   Special meal required (please specify):_________________________________________ MBA member # (if applicable): __________________________
c   I was admitted to the bar in 2010. c I am a first-time MBA conference attendee.

                                                                 C ONFERENCE Ch O I CEs
                                                                                            M    B     A       M     e     M     B     e    r       s
                                                                                                     Government attorneys/
                                                                                      regular                                      2010           Law               Non-
Circle your choice(s) and write the total below.                                                        legal services                                      Judges members
                                                                                      members                                    admittees      students

FuLL CoNFereNCe PAss — Best PriCe (Includes both Wednesday and
                                                                                         $375                 $300                   $225           $150     N/A     $525
Thursday CLE programs AND Centennial Ball ticket.)

CLe: DAy oNe — (Includes Wednesday CLE programs only.)                                   $100                 $100                   $75            $50      N/A     $175

CLe: DAy tWo — (Includes Thursday CLE programs only.)                                    $150                 $150                   $100           $75      N/A     $225

                                                                                         $150                 $150                   $100           $75      $150    $150
(For table options, complete section below.)*
ACCess to JustiCe AWArDs LuNCheoN oNLy
                                                                                         $100                 $80                    N/A            N/A      $80     $100
(For table options, complete section below.)**

                                                                                                                         CoNFereNCe suBtotAL:           $

                                                                    TA BLE REsERvATI O Ns
                                                            *centennial ball                                                                                 total
c     I would like to purchase _______ table(s) for the Centennial Ball ($1,500 per table, seating for 10.)

                                      **access to justice aWa RDs luncheon                                                                                   total
c     I would like to purchase _______ table(s) for the Access to Justice Awards Luncheon. ($1,000 per table, seating for 10.)

      Special pricing — Government or legal services attorney/organization:
      I would like to purchase ______ table(s) for the Access to Justice Awards Luncheon. ($800 per table, seating for 10.)

                                                                                                                                 tABLe suBtotAL:        $

                                                               pAy MENT I NFO RMATI O N
                                                                                                                                             totAL eNCLoseD:
Enclosed is my check in the amount of $______________, made payable to the Massachusetts Bar Association.                                       $
Return completed form and payment to: MBA Centennial Conference, 20 West St., Boston, MA 02111-1204.
Faxed registrations will be accepted with American Express, MasterCard or VISA at (617) 542-3057. Questions should be directed to
(617) 338-0530 or

Charge my: c AmEx c MasterCard c VISA
Acct. #: _______________________________________________________Exp. date: ______________________
Signature: ________________________________________________________ Date: ______________________
M B a c L e / a p ri l – M a y 2011                                                                                                                    5

                     Representing the
                       OUI Client
                  Course #: CJA11 • IntroduCtory level
                    Wednesday, April 6, 4–7 p.m.
             Plymouth Trial Court, 52 Obery St., Plymouth
   Be at the cutting edge in representing the OUI client. Review
how to successfully represent a client charged with OUI with the
stars of the profession.

Topics include:
  •	 Assessing the case — knowing when to hold ‘em and when to
      fold ‘em;
  •	 Discovery — how discovery can win the case, knowing what to ask for and
      visiting the scene;
  •	 Use of experts;
  •	 Motions to suppress — interlocutory appeals;
  •	 Motions in limine;
  •	 Trial — demonstration of cross-examination of arresting officer; and
  •	 Proof needed for a multiple offender-bifurcated trial.
   This course is aimed at the entire range of professionals, from the                                              join the
inexperienced to those who try these cases regularly. It will provide
unique and current information on this ever-changing subject.                                                   conversation
Peter T. Elikann, Esq., program chair
Law Office of Peter T. Elikann, Boston
James Geraghty, Esq.
                                                                                         The MBA invites you to join the conversation on any
Jones & Geraghty, Norwell
Russell J. Matson, Esq.                                                                   of the three social networking platforms it uses to
Law Office of Russell J. Matson, Braintree                                               share information relevant to the legal community —
Neil A. Scannell, Esq.                                               PETER T. ELIKAnn           including MBA events, CLEs and news.
Registry of Motor Vehicles, Boston
Edward H. Sharkansky, Esq.
Attorney at Law, Brockton
Sponsoring sections/division:
Criminal Justice, Juvenile & Child Welfare, Young Lawyers Division
Plymouth County Bar Association                                                            MassBarAssociation        LinkedIn          MassBar

                                  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 o r c a l l ( 6 1 7 ) 3 3 8 - 0 5 3 0 .
6                                                                                                                          M B a c L e / april – M a y 2 0 1 1

                                                                 Final Directives:
                       Medical and Legal Perspectives on Death and Dying
                                             *Sponsored by the Family Law, Health Law and Probate Law Section Councils

                                                                              COurSe #: HLA11
                                                                       Thursday, April 7, 3–7 p.m.
                                                                        MBA, 20 West St., Boston

       Advances in medical technology and therapies have made                                 Don’t miss this opportunity to hear from our experts on
    end-of–life health care decision-making very complex. The legal                        these often complex legal and medical issues in end-of-life
    issues relating to the process of dying and the determination of                       cases.
    death will be explored at this seminar.                                                Faculty:
       Legal considerations relating to treatment decisions at the
                                                                                           Clare D. McGorrian, Esq., program co-chair
    end-of-life, including Do Not Resuscitate (DNR) orders, liv-                           Law Office of Clare D. McGorrian, Medford
    ing wills, health care proxies and cessation of artificial support
                                                                                           J. Michael Scully, Esq., program co-chair
    systems, will be discussed. The panel will explore who can and                         Bulkley, Richardson and Gelinas LLP, Springfield
    should be empowered to make end-of-life treatment decisions,
                                                                                           Hon. Christopher J. Armstrong (ret.)
    and how to manage ethical and legal challenges that can some-                          Collora LLP, Boston
    times arise from end-of-life decisions. What are the appropriate
                                                                                           William J. Brisk, Esq.
    roles of the health care provider, the family, the lawyers, the                        Law Office of William J. Brisk, Newton Center
    guardian ad litem, the court, and others in such cases? What
                                                                                           Thomas J. Carey Jr., Esq.
    kind of proper advance planning can avoid problems and dis-                            Collora LLP Boston
    putes in these types of matters? This seminar will provide guid-
                                                                                           Paul Jodka, M.D., F.C.C.P.
    ance on these issues.                                                                  Baystate Medical Center Inc., Springfield
    Topics include:                                                                        Kristen M. Lambert, Esq., M.S.W., L.I.C.S.W.
    •	 The legal issues involved in planning for end-of-life, including advance direc-     Vice President Healthcare Risk Mgmt., Allied World Assurance Co., Boston
       tives, health care proxies, DNR orders, living wills and the initiation and ces-    Eileen Sullivan-Boss, Esq.
       sation of artificial support systems, such as artificial nutrition and hydration;   Law Office of Eileen Sullivan-Boss, W. Springfield
    •	 A view of the decision-making process in end-of-life cases from the perspec-        Lynn Tenerowicz, R.N., B.S.N., J.D.
       tive of the patient, the family and the medical provider;                           Corporate Director of Risk Management, Baystate Health Inc., Springfield
    •	 The role of lawyers, guardians ad litem and the courts in end-of-life cases;        Sponsoring sections:
    •	 The applicable legal and medical standards in end-of-life cases; and                Family Law, Health Law, Probate Law
    •	 Ethical issues related to the roles of attorneys, medical providers and family
       members in end-of-life decision-making.                                                        **This program is approved for four hours of
                                                                                                            CLE credit in New Hampshire.

                                                                                                              CLARE d. McGORRIAn         J. MICHAEL sCULLY

                                                                                                                             After live event,
                                                                                                                            recorded program
                                                                                                                          available for purchase at

    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 / a p ri l – M a y 2011                                                                                                                                     7

          Special Education Law                                                                   Assisted Reproductive
               and Autism                                                                          Technology (ART):
         *Sponsored by the Juvenile & Child Welfare Section Council
                                                                                                 Current Trends, Practices
     Course #: JWB11 • IntroduCtory/IntermedIAte level
                         Monday, April 11, 4–7 p.m.
                                                                                                     and Procedures
                          MBA, 20 West St., Boston                                                     *Sponsored by the Family Law Section Council

   Join us for an overview of state and federal special education law                                  Course #: FlJ11 • IntermedIAte level
for children with autism, including a review of significant Bureau                                            Thursday, April 14, 4–7 p.m.
of Special Education Appeals and court decisions, and the impact                                               MBA, 20 West St., Boston
of the new Massachusetts bullying law.
                                                                                         This program will ex-
                                                                                      amine the law of Assisted
                                                                                      Reproductive       Technol-
                                                                                      ogy (ART) from both an
                                                                                      academic and pragmatic
                                                                                      perspective. Panel mem-
                                                                                      bers will discuss the rel-
                                                                                      evant statutory as well as
                                                                                      case law and how it is re-
                                                                                      lentlessly outpaced by the
                                                                                      rapidly advancing field of
                                                                                      reproductive technology.
                                                                                         The program will also
                                                                                      focus on the ramifications
                                                                                      of the evolving law for the
                                                                                      practitioner representing
Topics include:                                                                       clients in both a transac-
  •	 Recent trends in special education law for students with autism;                 tional and litigation context.
  •	 Important cases from the BSEA and the courts; and                                Topics include:
  •	 New state anti-bullying law for special education students.                        •	 A survey of the Massachusetts case law concerning ART;
Faculty:                                                                                •	 What you need to know about gestational carrier and donor agreements;
Peter A. Hahn, Esq., program chair                                                      •	 The necessary elements of a successful equity complaint to establish legal
Peter A. Hahn, Attorney at Law, Newton                                                      parentage and pre-birth orders;
Julia Landau, Esq.                                                                      •	 Special considerations for married and unmarried same-sex couples; and
Massachusetts Advocates for Children, Boston
                                                                                        •	 Unique issues in interstate and international arrangements.
Catherine Mayes
Massachusetts Advocates for Children, Boston                                             The prevalence of assisted reproductive technology means that
                                                                      PETER A. HAHn
Raymond A. Oliver, Esq.                                                               a broad array of practitioners, from solo to big-firm lawyer, will
Hearing Officer, Bureau of Special Education Appeals, Malden                          come across clients seeking legal advice regarding this topic. Don’t
Joan L. Stein, Esq.                                                                   miss this opportunity to hear from our experts.
Stoneman, Chandler & Miller, Boston                                                   Faculty:
Sponsoring sections/division:                                                         Michael I. Flores, Esq., program chair
Access to Justice, Juvenile & Child Welfare, Young Lawyers Division                   The Law Offices of Michael I. Flores LLC, Orleans
                                                                                      Hon. Edward F. Donnelly
                                                                                      Middlesex Probate and Family Court
              SAVE THE DATE:                                                          Joyce Kauffman, Esq.
                                                                                      Law Office of Joyce Kauffman, Cambridge                      MICHAEL I. FLOREs

            LOMAP’s Super                                                             Susan L. Crockin, Esq.
                                                                                      The Crockin Law & Policy Group LLC, Newton
           Marketing Conference                                                       Sponsoring section:                                          After live event,
                                                                                                                                                  recorded program
                        Thursday, May 26, 1–6 p.m.                                    Family Law
                                                                                                                                                available for purchase at
                         MBA, 20 West St., Boston                                     Co-sponsor:                                       
                                                                                      Massachusetts LGBTQ Bar Association

                                  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 o r c a l l ( 6 1 7 ) 3 3 8 - 0 5 3 0 .
8                                                                                                                     M B a c L e / april – M a y 2 0 1 1

                                                 REAL-TIME WEBCASTS
                                                        Attorneys Master Class
       In 2006, Master Practice Advisor Dustin Cole conducted a groundbreaking program around the country entitled, “Building the
    Million Dollar Practice,” helping thousands of attorneys break out of traditional thinking and take their practices to a new level of
    success. Then, beginning in late 2008, everything changed. Now, after two years of intensive work with dozens of firms and attorneys
    to help them cope successfully with change, Cole offers new insights and an array of new tools for prospering in the new economy.

                   Building Your Million-Dollar                                                                             Faculty:
                   Practice in the New Economy                                                                            Dustin A. Cole
                                    REAL-TIME WEBCAST                                                         President and Master Practice Advisor
                                           COurSe #: LPB11                                                           Attorneys Master Class
                  thursday, April 21, 2–6 p.m. • mBA, 20 West st., Boston
                                                                                                           Cole defines his work as helping attorneys trans-
       This program will focus on “Marketing that Works in the New Economy,”                               form their practices into highly successful legal
    including:                                                                                             businesses. In his more than 20 years of work
    •	    The “four horsemen” of change and what they mean to you;                                         with law firms, ranging from sole practitioners to
    •	    The essential “layers” of your marketing, and what you must be doing in each;                    firms of over 2,000, he has helped thousands of
                                                                                                           attorneys surf the waves of change, seize oppor-
    •	    How traditional referral marketing is failing and how to re-energize it;
                                                                                                           tunities and grow their revenues. Over the past
    •	    The new technologies of marketing and how to use them without being a geek;                      decades, he has conducted continuing legal edu-
    •	    How to move up the “value” curve for increased revenues;                                         cation in conjunction with more than 30 state
    •	    Techniques to combat price resistance and price undercutting;                                    bar associations and has personally trained over
    •	    Powerful communications that turn prospects into clients; and                                    30,000 attorneys through his workshops, train-
                                                                                                           ing programs and one-on-one coaching.
    •	    Innovative approaches to fees and collections.

                Taking Control of Your Time,
              Your Technology and Your Profits
                                    REAL-TIME WEBCAST
                                           COurSe #: LPC11
                 Friday, April 22, 9 a.m.–1 p.m. • mBA, 20 West st., Boston
       This program will focus on “Turning Time Into Money: The New Rules
    for Working Smarter,” including:
    •	 The essential shifts needed to transform from “good practice” to great legal business;
    •	 The “Curve of Client Value” and what it means for the growth — and survival — of
       your practice;
    •	 Providing great client service without enslaving yourself to technology;
    •	 Managing the overwhelm of e-mails, phone calls, text messages, Facebook and Twitter;
    •	 Creating time to focus and get your work done efficiently;                                             Following the real-time Webcasts,
    •	 Turning more lost hours into billable time;                                                                 a recorded version of the
    •	 Taking advantage of new technologies to create new efficiencies;                                          programs will be available at
    •	 Protecting yourself from the risks of new technology; and                                      
    •	 Assuring that new clients stay happy, cooperate, pay their bills — and refer others to you.

                                           MBA On DEMAnD                                             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 / a p ri l – M a y 2011                                                                                                                                     9

                                            Life Cycle of a Business Series
                                                           *Sponsored by the Business Law Section Council

                                                  Luncheon roundtaBLes — Lunch ProVided

                                                                                       session III: Business location/Financing
                                                                                                                 COurSe #: BLG11
                                                                                                      Wednesday, June 15, noon–2 p.m.
                                                                                                         MBA, 20 West St., Boston
   After live event,
  recorded program                                                                      Learn about real property issues and raising capital.
available for purchase at                                                                   Topics include:
                                                                                     •	 Real estate basics/permitting — leasing, selling and purchasing commercial
                                                                                        property, and permitting issues for your business clients; and
                                                                                     •	 Debt/equity financing — obtaining financing and whether debt or equity
                                                                                        financing makes more sense for your business client.
      Join the Business Law and Civil Litigation Section Councils
   for this four-part series on the life cycle of a business. These
   roundtables will address the broad spectrum of legal and practi-
   cal issues confronted by business at each of the stages of their                           session Iv: the end of a Business
   development. Designed for both experienced business lawyers                                                   COurSe #: BLH11
   as well as new practitioners, this series will focus on establish-                                 Wednesday, June 29, noon–2 p.m.
   ing, operating and concluding Massachusetts business entities.                                        MBA, 20 West St., Boston
                 session I:                                                             Learn about selling a business and bankruptcy.
   Beginning a Business / Protecting Assets                                          Topics include:
                              COurSe #: BLe11                                        •	 Mergers and acquisitions — basics and must-know traps in selling or merg-
                                                                                        ing your client’s business; and
                    Wednesday, April 27, noon–2 p.m.                                 •	 Bankruptcy — options for ending the business, when bankruptcy is ap-
                       MBA, 20 West St., Boston                                         propriate and what other possibilities are available.
     Learn about getting your client’s business off the ground.
 Topics include:                                                                     Series faculty:
 •	 Choosing a type of business entity — the pros and cons of various business       Matthew S. Furman, Esq., program co-chair
    entities, and factors to consider in deciding which type to recommend to your    Attorney at Law, Boston
    business client; and                                                             Adam D. Page, Esq., program co-chair
 •	 Protecting the product — intellectual property basics to help protect the        Finneran & Nicholson PC, Newburyport
    products or services your business client is selling.                            Euripedes Dakis Dalmanieras, Esq.
                                                                                     Foley Hoag LLP, Boston
                                                                                     Stephen Y. Chow, Esq.                                       AdAM d. PAGE

  session II: employment/litigation matters                                          Burns & Levenson LLP, Boston
                              COurSe #: BLF11                                        Dennis F. Eagan, Esq.                    Christine L. O’Hurley, Esq.
                                                                                     Finneran & Nicholson PC, Newburyport Law Office of Christine L. O’Hurley, Canton
                     Wednesday, May 25, noon–2 p.m.                                  Ethan Flaherty, Esq.                     Neal O’Hurley, Sr. Vice President and
                        MBA, 20 West St., Boston                                     Pabian M. Russell LLC, Boston            Chief Credit Officer, Boston Private
   Learn about common legal problems relating to employment                          Brian E. Glennon II, Esq.                Bank & Trust Co., Boston
 and commercial litigation:                                                          Cumberland Gulf Group, Framingham        David A. Parke, Esq.
                                                                                     Robert J. Kerwin, Esq.                   Bulkley, Richardson & Gelinas LLP,
 Topics include:
                                                                                     Tarlow, Breed, Hart & Rodgers PC, Boston Springfield
 •	 Preventing and handling employment problems — drafting employee hand-                                                     Joshua L. Smith, Esq.
                                                                                     Francis C. Morrissey, Esq.
    books, wage claims and independent contractor issues, wrongful termination       Morrissey, Wilson & Zafiropoulos LLP,    Bowditch & Dewey LLP, Boston
    and discrimination claims, and negotiating severance agreements; and             Braintree
 •	 Commercial litigation — traps for the unwary in contracts and business

                               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 o r c a l l ( 6 1 7 ) 3 3 8 - 0 5 3 0 .
 10                                                                                                                              M B a c L e / april – M a y 2 0 1 1

            A Trust Series You Can Trust:                                                                                          Whether you are new to trust practice

       A Comprehensive Guide to Trust Practice
                                                                                                                                   or a seasoned expert, don’t miss this
                                                                                                                                      opportunity to learn about trust
                       *Sponsored by the Probate Law and Taxation Law Section Councils                                                   practice basics and beyond.

  Part III: The Nightmare of Trust Law                                                                  Part IV: Trust Administration
       vs. Medicaid Regulations                                                                                                 Course #: PlI11

                                   COurSe #: PLH11                                                                      Tuesday, April 26, 4–7 p.m.
                                                                                                                         MBA, 20 West St., Boston
                          Wednesday, April 13, 4–7 p.m.
                            MBA, 20 West St., Boston                                              In anticipation of the adoption of the Massachusetts Uniform
                                                                                                Trust Code, this program will show what differences can be ex-
    The Mass Health Agency (Medicaid) is a silent partner in virtually                          pected in trust practice as a result of the code’s passage.
 every trust drafted. The contrast between trust law and Medicaid reg-
 ulations are confusing and improperly drafted trusts can impact your                           Topics include:
 client if they ever need government assistance, even decades later.                            •	 Available institutional trustees, how they do the job of acting as a trustee and
    This program will cover how a discretionary trust drafted in 1989                              where to find a competent one;
 resulted in a denial of Mass Health benefits for a nursing home resi-                          •	 When a trustee can be expected to be very active and when not, and what typi-
 dent in 2010. Our expert faculty will discuss the case law upon which                             cal funding considerations are;
 Mass Health based their decision. They will also review examples of                            •	 What type of guidance will trustees look for from the attorney for a trust or
 testamentary trusts and irrevocable trusts that will withstand Mass                               estate; and
 heath examination.                                                                             •	 Why a thorough understanding of the UPIA is essential in trust administration.
 Topics include:                                                                                   The panelists will also discuss ethical con-
 •	 How to draft a trust in order to protect client assets in the event that they will need     siderations, including why the Client Security
    Medicaid at a future date;                                                                  Board annually reports that a majority of its
 •	 Current case law and new developments;                                                      payouts are the result of neglect or misfeasance
 •	 Traps for the unwary; and                                                                   of attorneys acting as fiduciaries.
 •	 What to do when things go wrong.                                                            Faculty:
 Faculty:                                                                                       Frederick L. Nagle Jr., Esq., program co-chair                 FREdERICK L. nAGLE JR.
                                                                                                Frederick L. Nagle Jr., Esq., Haverhill
 Albert Gordon, Esq., program chair
 Law Office of Albert Gordon, Springfield                                                       Jennifer Laucirica, Esq., program co-chair
                                                                                                Goodwin Proctor LLP, Boston
 David Correira, Esq.
 Correira LLP, Swansea/Boston                                                                   James M. O’Neil Jr., Esq., AEI
                                                                                                President and CEO, Cambridge Appleton Trust, Boston
 Ronda Parish, Esq.
 Law Office of Ronda Parish PC, Springfield                                                     Raymond H. Young, Esq.
                                                                                                Young & Bayle, Boston                                           JEnnIFER LAUCIRICA

                                                                 Part V: Trust Litigation
                                                                        COurSe #: PLJ11
                                                      Wednesday, may 11, 4–7 p.m. • mBA, 20 West st., Boston
   Despite the steps taken to properly draft a trust, what happens when                       •	 Complaint for declaratory action or instructions; and
something goes wrong? Join our expert faculty for a discussion of the                         •	 Competency and undue influence.
issues that arise in trust litigation and how to deal with them.
Topics include:                                                                               Maureen E. Curran, Esq., program co-chair
                                                                                                                                                                MAUREEn E. CURRAn
•	 Breach of fiduciary duties;                                                                Law Office of Maureen E. Curran, Boston
•	 Prudent Investor Rule and Prudent Investor Act;                                            James A. McLaughlin, Esq.,
•	 Self-dealing;                                                                              program co-chair
                                                                     After live event,        McLaughlin, Richards, Mahaney, Biller
•	 Accounting disputes;                                             recorded program
                                                                                              & Woodyshek LLP, South Natick
                                                                  available for purchase at
•	 Surcharge actions;                                               Timothy D. Sullivan, Esq.,
•	 Trust reformation;                                                   OnDemand.             program co-chair
                                                                                              AndoverLaw PC, Andover                    JAMEs A. McLAUGHLIn     TIMOTHY d. sULLIVAn

       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 / a p ri l – M a y 2011                                                                                                                                  11

  How to Handle a Residential
                                                                                                             Getting Paid
     Real Estate Closing
                 Course #: Pre11 • IntroduCtory level
                                                                                        How to Effectively Market Your
                 Thursday, April 28, 4–7 p.m.                                           Practice with Conventional and
    Western new england College school of law, springfield                               Alternative Fee Agreements
This seminar presents a comprehensive step-by-step explanation of                           *Sponsored by the Law Practice Management Section Council
the law and practice of conducting a residential real estate closing.
Our expert panel will guide you — from the offer and purchase                                                        Course #: lPd11
and sale agreement, through the
                                                                                                         Wednesday, May 4, noon–2 p.m.
actual closing — offering prac-
                                                                                                           MBA, 20 West St., Boston
tical advice at every step along
the way. Our panelists, speak-                                                             Luncheon roundtaBLe (Lunch ProVided)
ing from the perspective of                                                                Fee agreements are the cornerstone of any legal practice.
buyers, sellers and banks’                                                              Drafted properly, they increase the likelihood that you will
representatives, will                                                                   get paid for your services in a timely fashion. Good fee agree-
demystify the pro-                                                                      ments decrease the chances that you will get into a dispute
cess and point out                                                                      with your clients or with the Board of Bar Overseers, and
common pitfalls                                                                         they can even be an effective marketing tool as well.
to avoid.                                                                                  As the practice of law continues to evolve, so do fee agree-
                                                                                        ments and the rules governing fee agreements. While hourly
                                                                                        billing still remains the most popular way that lawyers get
Topics include:
                                                                                        paid for their services, increasingly, lawyers are using fixed
  •	 The initial client interview — buyer and seller;                                   fee agreements to give their clients more certainty about the
  •	 Preparing the documents for closing;                                               ultimate cost of their legal fees.
  •	 The buyer/seller/broker negotiation;                                                  This program will feature a lively discussion on the ele-
  •	 Drafting and negotiating the offer and the purchase and sale agreement;            ments of good fee agreements and effective billing practices.
  •	 Special considerations for condominium and multi-family dwellings;                 Learn how and when to incorporate alternative fee arrange-
                                                                                        ments into your practice without destroying your profitabili-
  •	 Mortgages and the mortgage approval process;
                                                                                        ty or ending up with clients who feel like they paid too much.
  •	 The appraisal;                                                                     Learn about some of the ethical concerns in setting hourly,
  •	 Dealing with hazardous substances on the property;                                 contingent or fixed fees.
  •	 The role of the bank’s attorney;                                                   Topics include:
  •	 Title issues and title insurance;                                                    •	 The elements of good fee agreements;
  •	 Conducting the closing: Who does what?; and                                          •	 Billing practices that ensure you are paid in a timely fashion;
  •	 Post-closing issues.                                                                 •	 Ethical problems to avoid in setting fees; and
Faculty:                                                                                  •	 How to use your billing practices as an effective marketing tool.
Alfred J. Geoffrion Jr., Esq., program chair                                            Faculty:
Law Offices of Alfred Geoffrion Jr., Springfield
                                                                                        Stephen Seckler, Esq.
Elizabeth J. Barton, Esq.                                                               Seckler Legal Coaching, Newton
CATIC, Wellesley
                                                                                        Matthew Sullivan, Esq.
*Additional faculty to be announced.                                                    Red Bridge Strategy, Cambridge
Sponsoring sections/division:                                                           Ronald A. Witmer, Esq.
General Practice, Solo & Small-Firm, Property Law, Young Lawyers Division               Witmer, Karp, Warner & Ryan LLP, Boston                  sTEPHEn sECKLER

Co-sponsors:                                                                            Jeffrey D. Woolf, Esq.
                                                                                        Assistant Bar Counsel, Office of Bar Counsel, Boston
Western New England College School of Law and the Berkshire, Franklin, Hampden
and Hampshire county bar associations                                                   *Additional faculty to be announced.

                                                                                                                                                   After live event,
                                                                                                                                                  recorded program
                                                                                                                                                available for purchase at

                                   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 o r c a l l ( 6 1 7 ) 3 3 8 - 0 5 3 0 .
12                                                                                                                M B a c L e / april – M a y 2 0 1 1

 Attacking and Defending Premarital                                                                             Advanced
       and Marital Agreements                                                                                Deposition Skills
                      Things You Should Know                                                          Effective Techniques for
                           Course #: FlK11 • IntermedIAte level                                        Taking and Defending
                                   Thursday, May 5, 4–7 p.m.                                          Key Depositions for Trial
                                    MBA, 20 West St., Boston
                                                                                                         *Sponsored by the Civil Litigation Section Council
   A majority of programs involving premarital and marital agreements focus heav-
ily on drafting and execution advice, tips and suggestions. Where the use of pre-                          Course #: Clo11 • IntermedIAte level
marital agreements continues to rise, and with the Ansin v. Craven-Ansin decision                                  Tuesday, May 10, 4–7 p.m.
now formally permitting use of marital (postnuptial) agreements in Massachusetts,                                   MBA, 20 West St., Boston
this program will focus on the growing body of law that relates to litigation involv-
ing earnest and legitimate challenges to both premarital and marital agreements.                         As civil trials become increasingly rare, the op-
A study of that law is invaluable to every lawyer undertaking to draft a solid agree-                 portunities to develop advocacy skills that a law-
ment, and indispensable to every lawyer involved in or anticipating involvement in                    yer relies on to decide what depositions to take
the prosecution or defense of a case involving an agreement under attack.                             and how to take them grow more scarce. In this
                                                                                                      seminar, a panel of experienced trial lawyers and
Topics include:                                                                                       a trial technology consultant will teach you how
  •	 How to identify and analyze the issues that may expose a premarital or marital agreement to a    to take and defend depositions with a purpose,
      finding of invalidity;                                                                          by developing the themes and theories of your
  •	 How to assess whether a valid agreement still may remain subject to a finding of unenforce-      case early on, so as to formulate an effective plan
      ability;                                                                                        for deposing the key witnesses and for preparing
  •	 The advantageous approaches to pleading your client’s case, whether it involves contesting or    your own witnesses for deposition.
      supporting the enforceability of the agreement in dispute;                                      Topics include:
  •	 How issues of agreement breach, abandonment or modification may complicate the litigation;         •	 How to identify the themes and theories of your case
  •	 How choice of law clauses and conflicts of law principles may further complicate the case; and         early so as to take targeted, cost-effective depositions
  •	 Perspectives from the bench about the litigation of premarital and marital agreements.                 from the key witnesses;
                                                                                                        •	 The strategic considerations and procedural steps
   The faculty will present a sampling of cases involving legal malpractice claims
                                                                                                            for taking out-of-state depositions and videotaped
against attorneys who drafted premarital and martial agreements, including the in-
consistency in the case law as to when the statute of limitations on such claims may
bevgin to run. Program materials will include a segment relating to a heightened                        •	 How to use demonstrative aids in preparing for and
duty that may be owed to the person asked to sign a premarital or marital agree-                            taking depositions so that the deposition is as compel-
ment that he or she would rather not sign.                                                                  ling as possible;
   This program will be of value to any and every attorney who is involved in either                    •	 How (and when) to take a great Rule 30(b)(6) deposi-
the drafting of a premarital or marital agreement and, more importantly, the litiga-                        tion; and
tion of such an agreement under attack (whether the attorney represents the party                       •	 How to defend the deposition of your client effectively
contesting the agreement or its proponent).                                                                 by means of powerful witness preparation.
   The use of premarital and marital agreements is on the rise, and every family
law practitioner is well-served by developing a fundamental knowledge of the issues
                                                                                                      Paul E. White, Esq., program chair
most often litigated in this context.
                                                                                                      Sugarman, Rodgers, Barshak and
Faculty:                                                                                              Cohen PC, Boston
Kevin M. Corr, Esq., program chair                                                                    Brian J. Carney, Esq.
Lee & Levine LLP, Boston                                                                              WIN Interactive Inc., Quincy
Hon. Angela M. Ordoñez                                                                                Marianne C. Leblanc, Esq.
First Justice, Norfolk Probate and Family Court                                                       Sugarman and Sugarman PC, Boston             PAUL E. WHITE

Laura W. Morgan, Esq.                                    KEVIn M. CORR            HOn. AnGELA M.      Daniel I. Small, Esq.
Owner, Family Law Consulting, Charlottesville, VA                                   ORdOÑEz           Holland and Knight LLP, Boston
Mary H. Schmidt, Esq.                                                                                 *Additional faculty to be announced.
Schmidt & Federico PC, Boston
Peter M. Barlow, Esq.                                                                                                                           After live event,
Kate & Barlow PC, Boston                                                                                                                       recorded program
                                                                                                                                             available for purchase at
Sponsoring section:                                                                                                                  
Family Law

     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 / a p ri l – M a y 2011                                                                                                                                  13

   Intellectual Property Basics
      for the Non-Specialist                                                                                                     LOMAP’s
                Course #: BlI11 • IntroduCtory level                                                                               Super
                      Wednesday, May 25, 4–7 p.m.                                                                                Marketing
                       MBA, 20 West St., Boston
   Intellectual property is increasingly important in corporate
valuation and business strategy. Clients now expect their counsel
to be well-versed in intellectual property law and strategy. Learn
the intellectual property law basics required to help your clients                                                  COurSe #: LPF11
protect and leverage intellectual assets.                                                                   Thursday, May 26, 1–6 p.m.
Topics include:                                                                                           Networking Reception: 5–7 p.m.
                                                                                                             MBA, 20 West St., Boston
  •	 Patents;
  •	 Copyrights;                                                                           Just like it sounds, LOMAP’s Super Marketing Conference
                                                                                        will be the best thing to ever happen to your firm.
  •	 Trademarks;
                                                                                           Marketing is the chief concern of any law firm, whether the
  •	 Trade secrets;                                                                     proposition is admitted to or not. Without marketing, there
  •	 IP litigation; and                                                                 are no clients, and without clients, there is no lawyering and
  •	 Licensing and other business transactions.                                         no law firm. Every start-up wants to know how to market
Faculty:                                                                                to gain clients, and every existing firm wants to know how
Stephen Y. Chow, Esq., program chair                                                    to tweak their prevailing marketing platform in order to get
Burns & Levinson LLP, Boston                                 sTEPHEn Y. CHOW
                                                                                        more clients.
                                                                                           LOMAP’s popular Marketing Group offers its first market-
Stanley B. Kay, Esq.
Law Office of Stanley B. Kay, Auburndale                                                ing conference, featuring national and local legal marketing
                                                                                        experts, covering in long-form lectures and short, TED-style
Additional faculty to be announced.
                                                            After live event,           talks, essential marketing topics, including referral genera-
Sponsoring section/division:                               recorded program             tion, online reputation management and advertising ethics.
Business Law, Young Lawyers Division                     available for purchase at
                                                                 Best of all? The conference and following networking re-
                                                               OnDemand.                ception are FREE.
                                                                                        Jared D. Correia, Esq., moderator
                       Save the Date                                                    Law Office Management Assistance Program, Boston
                                                                                        Rodney S. Dowell, Esq., moderator
                                                                                        Law Office Management Assistance Program, Boston
                     When the                                                           Erik Mazzone, Esq.
                                                                                        Direct, North Carolina Bar Association Center for Practice Management
                Litigation is Over:                                                     Conrad Saam
                                                                                        Senior Marketing Manager, Avvo
       Taxation of Damages and                                                          Allison C. Shields, Esq.
      Release of the Medicare Lien                                                      Principal, Legal Ease Consulting Inc.
                                                                                        *Additional faculty to be announced.
                    *Sponsored by the Civil Litigation and
                       Taxation Law Section Councils                                    **Full AgendA to Be releAsed In AdvAnCe oF ProgrAm**

                               COurSe #: TAC11
                       Thursday, June 23, 4–7 p.m.
                        MBA, 20 West St., Boston                                                                                                 Real-time Webcast
                                                                                                                                               available for purchase at
  Joan B. DiCola, Esq., program chair                                                                                                                OnDemand.
  Law Office of Joan B. DiCola, Boston
                                                                                             JAREd d. CORREIA          ROdnEY s. dOWELL
  Michael B. Bogdanow, Esq.
  Meehan, Boyle, Black & Bogdanow PC, Boston
  Michael H. Hayden, Esq.
  Morrison Mahoney LLP, Boston

                                 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 o r c a l l ( 6 1 7 ) 3 3 8 - 0 5 3 0 .
                                                                                                                                   Recent On DEMAnD programs
                                                                                            v                                        now available for purchase
    EDuCATIOn                                                                                                                •	Story-Telling

    AnyWhERE                                                                                                                 •	10 Tips to Manage Your Time/Increase Profits
                                                                                                                             •	Proceed with Caution: Navigating the Perils at the Inter-
                                                                                                                               section of Immigration & Family Law
    AnyTIME                                                                                                                  •	How to Handle a Residential Real Estate Closing
                                                                                                                             •	Standing in Land Use Appeals
                                                                                                                             •	The New Homestead Act: Developing a Solid Foundation
                                                                                                                             •	Preparing Yourself for the Changes to Rule 1.5 of the
                                                                                                                               Rules of Professional Conduct
                                                                                                                             •	Trust Series: A Comprehensive Guide to Trust Practice—
                                                                                                                               How to Establish a Trust
                                                                                                                             •	What Every Practitioner Needs to Know About the New
                                                                                                                               Tax Act
                                                                                                                             •	Minors’ Settlements, Guardianship, Conservatorship
                                                                                                                               & Special Needs Trusts
                                                                                                                             •	The New Homestead Statute
                                                                                                                             •	Putting it All Together: Interviewing Skills,
                                                                                                                               Maintaining Momentum, Managing Expectations
                                                                                                                             •	Effective Resumes and Cover Letters to Improve Your
                                                                                                                             •	Using Social Media/Informational Interviews to Uncover
      MBA On DeMAnD is an innovative Massachusetts Bar Association mem-                                                        Unadvertised Job Opportunities
     ber benefit that offers you the opportunity to watch an MBA program from
                                                                                                                             •	Resolving Disputes Among Closely-Held Businesses
       the comfort of your home or office, at a time that suits your schedule.

                                                                         Personal Injury Law                                         Operating a Profitable
                                                                          Practice update                                          Immigration Law Practice
                                                                               Course #: LCV11                                                Course #: LCW11
                                                                                Friday, April 15                                               Friday, April 22
   Legal Chats @ noon                                          MBA Past President, David W. White Jr. is one of the       This Webcast will offer insights, tips and guidance on how best
                                                                                                                          to set up an immigration law practice to maximize productiv-
                                                               most well-respected personal injury attorneys in
       Real-time, interactive Webcasts                                                                                    ity and profitability. Topics will include how to set up your of-
                                                               Massachusetts. In a rare opportunity, White will be
                                                               discussing what is new in personal injury practice,        fice, and which resources and equipment to purchase.
                                                               including cases and advice.                                Marisa A. DeFranco, Esq., DeFranco Law Group, Salem
                                                               David W. White Jr., Esq., Breakstone, White & Gluck                Alternative/non-Traditional
    Practical Advice on handling
                                                               PC, Boston                                                            uses of a Law Degree
      Construction Contracts
                  Course #: LCu11                               Searching Titles and Conduct-                             If you are unhappy with your current legal career or looking for
                   Friday, April 8                              ing Foreclosures After Ibanez                             a new challenge, join Gina Walcott for this two-part series, as
Mistakes in contract terms or specifications can cause                      Course #: LCAA11                              she interviews colleagues about their non-traditional careers,
tremendous problems as the parties proceed with dif-                    Tuesday, April 19, 4–5 p.m.                       decision-making processes and the resources available.
fering understandings of their respective rights and re-       The SJC’s decision in U. S. Bank National Association      Part I: Course #: LCX11, Friday, April 29
sponsibilities. The law imposes certain obligations into       v. Ibanez calls into question all land titles in which a   Part II: Course #: LCy11, Friday, May 6
construction contracts, regardless of what the parties’        foreclosure appears in the chain of title. This program    Gina Y. Walcott, Esq., Executive Director, Lawyers Concerned for
agreement says, and in many instances, these terms can         will discuss how the real estate bar and title insur-      Lawyers, Boston
trump the parties’ agreement. This program addresses           ance industry are dealing with this risk and, how
those obligations that Massachusetts law reads in or out       foreclosing mortgagees are now trying to prevent                       The new 2010 Tax Act
of every construction contract, and offers practical sug-      the problem from arising. Sponsored by the Property                             Course #: LCZ11
gestions as to how to handle these issues.                     Law Section.                                                                     Friday, May 20
Kenneth Rubinstein, Esq., Nelson, Kinder, Mosseau &            Ward P. Graham, Esq., Title Counsel, WFG National          Congress recently enacted the Tax Relief, Unemployment In-
Saturley PC, Boston; Paul T. Milligan, Esq., Nelson, Kinder,   Title Insurance Co.; Allison W. Dalton, Esq., Harmon       surance Authorization and Job Creation Act of 2010. The act
Mosseau & Saturley PC, Boston                                  Law Offices, Newton Highlands                              extends the Bush-era tax cuts until the end of 2012, including
                                                                                                                          income tax and ATM extensions, tax relief for businesses and
Note: There is no on-site attendance available for Legal Chats. Following the Webcast, the                                payroll taxes, and estate, gift and generation-skipping trans-
recorded version of the program will be available at                                            fer tax changes. This program will provide an overview of the
                                                                                                                          changes and discuss how the act can affect your clients.

         MBA On DEMAnD                                                     WWW.MASSBAR.ORg/OnDEMAnD
                                                                                                                          Lisa M. Rico, Esq., Gilmore, Rees & Carlson PC, Wellesley; Caitlin
                                                                                                                          M. Cianflone, Esq. Law Office of Caitlin M. Cianflone, Brighton
                                                                 MBa c Le registr ation for M
      NOTE: All programs are subject to cancellation. To check the status of a program, visit or call (617) 338-0530 on the day of the program.

Name: Mr./Ms./Hon.: ____________________________________________________________ MBA member # (if applicable): _____________________________________

Firm, company or law school: _______________________________________________________________________________________________________________
                                                                                                                                                                               New address. Please
Address: ____________________________________________________________________________________________________________________________
                                                                                                                      update my member profile.
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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,         mem-
                                                                                                                                          division/committee      students,                        bers
Check sessions you will be attending (fees include any written materials and meals when applicable):                                            members        2010 admittees other members

    CJA11 Representing the OUI Client                                                                                                             $80
                                                                                                                                                                   $40             $115           $160
           Wednesday, April 6, 4–7 p.m., Plymouth Trial Court, Plymouth                                                                      (CJ , JW, YL)
           Final Directives: Medical and Legal Perspectives on Death and Dying                                                                    $80
   HLA11 Thursday, April 7, 3–7 p.m., MBA, Boston                                                                                                                  $40             $115           $160
                                                                                                                                             (FL, HL, PL)
    JWB11 Special Education Law and Autism                                                                                                        $80
                                                                                                                                                                   $40             $115           $160
           Monday, April 11, 4–7 p.m., MBA, Boston                                                                                           (AJ, JW, YL)
           The Nightmare of Trust Law vs. Medicaid Regulations                                                                                    $80
   PLH11 Wednesday, April 13, 4–7 p.m., MBA, Boston                                                                                                                $40             $115           $160
                                                                                                                                             (PL, TA, YL)
     FLJ11 Assisted Reproductive Technology (ART): Current Trends, Practices and Procedures                                                       $80
                                                                                                                                                                   $40             $115           $160
           Thursday, April 14, 4–7 p.m., MBA, Boston                                                                                              (FL)
    LPB11 Building April 21, 2–6 p.m., MBA, Boston the New Economy
                     Your Million-Dollar Practice in
                                                                                                                                                 NA                NA               $80           $160
    LPC11 TakingApril 22, 9of Your Time,MBA, Boston
                   Control                 Your Technology and Your Profits
                                                                                                                                                 NA                NA               $80           $160
           Friday,            a.m.–1 p.m.,
     PLI11 Trust Administration MBA, Boston                                                                                                      $80
                                                                                                                                                                   $40             $115           $160
           Tuesday, April 26, 4–7 p.m.,                                                                                                      (PL, TA, YL)
           Life Cycle of a Business Series: Session I — Beginning a Business/Protecting Assets                                                   $15
   BLE11 Wednesday, April 27, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch provided)                                                                        $15              $25            $50
    PRE11 How to Handle a 4–7 p.m., Western Estate Closing
                               Residential Real                                                                                                  $80
                                                                                                                                                                   $40             $115           $160
           Thursday, April 28,                   New England College School of Law, Springfield                                              (GP, PR, YL)
           Getting Paid: Effectively Market Your Practice with Conventional and Alternative Fee Agreements                                       $15
    LPD11 Wednesday, May 4, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch provided)                                                                          $15              $25            $50
    FLK11 Attacking and Defending Premarital and Marital Agreements — Things You Should Know                                                     $80
                                                                                                                                                                   $40             $115           $160
           Thursday, May 5, 4–7 p.m., MBA, Boston                                                                                                (FL)
    CLO11 Advanced Deposition Skills: Effective Techniques for Taking and Defending Key Depositions for Trial                                    $80
                                                                                                                                                                   $40             $115           $160
           Tuesday, May 10, 4–7 p.m., MBA, Boston                                                                                                (CL)
    PLJ11 Trust Litigation11, 4–7 p.m., MBA, Boston                                                                                              $80
                                                                                                                                                                   $40             $115           $160
           Wednesday, May                                                                                                                    (PL, TA, YL)
    BLF11 Life Cycle of a Business Series: Session II —Employment/Litigation(lunch provided)
                                                                                     Matters                                                     $15
                                                                                                                                                                   $15              $25            $50
           Wednesday, May 25, noon–2 p.m., MBA, Boston—Luncheon roundtable                                                                       (BL)
     BLI11 Intellectual Property Basics MBA, Boston
                                           for the Non-Specialist                                                                                $80
                                                                                                                                                                   $40             $115           $160
           Wednesday, May 25, 4–7 p.m.,                                                                                                        (BL, YL)
    LPF11 LOMAP’s Super MarketingMBA, 20 West St., Boston
                                        Conference
           Thursday, May 26, 1–6 p.m.,
    BLG11 Life Cycle of a Business Series: Session III — Business Location/Financing provided)                                                    $15
                                                                                                                                                                   $15              $25            $50
           Wednesday, June 15, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch                                                                (BL)
    TAC11 When the Litigation is Over: Taxation of Damages and Release of the Medicare Lien                                                       $80
                                                                                                                                                                   $40             $115           $160
           Thursday, June 23, 4–7 p.m., MBA, Boston                                                                                             (CL, TA)
   BLH11 Wednesday, June 29, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch provided)                                                                         $15              $25            $50
         r e g i s t e r e a r 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.
      Cancellations must be received 48 hours prior to program to receive a full refund. If not, written materials will be provided after the program.
                                                                                              Denotes real-time Webcast available for                  Denotes recorded program available for purchase
                                                                                              purchase at                    after live event at

                                                                           PaYMent inforMation
                                                                                             Charge my:         MasterCard       Visa        AmEx
   Enclosed is my check in the amount of $____________.                                     Acct. #: ___________________________________________ Exp. date: ___________
RETURN FORM WITH PAYMENT TO: MBA Continuing Legal Education, 20 West St.,                    Signature: ________________________________________ Date:______________
Boston, MA 02111-1204. Include check made payable to the Massachusetts Bar Institute.                                                                                                   cLedM
Faxed registrations will be accepted with credit card at (617) 542-3057.

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