How to Handle a Residential Real Estate Closing
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MBA CLE Massachusetts Bar Association Continuing Legal Education / june–august 2010 How to Handle a Residential Real Estate Closing INSIDE: MBA CLE by Practice Area Business Law Basics of Massachusetts Constuction Law.................. 3 Civil and Criminal Law Course #: PRK10 • Introductory level The ABCs of Social Security Disability Cases.............. 2 Tuesday, July 20, 4–7 p.m. MBA, 20 West St., Boston Criminal Justice Conference — Doing Time: Effective Advocacy at Sentencing and in the Parole Process.......................................................... 4 his seminar presents a comprehensive step-by-step explanation of the law and practice of conducting a residential real estate closing. Our expert panel will guide you from the offer and “P&S” through the actual closing, offering practical advice at every step along the way. Our panelists, speaking from the perspective of buyers, sellers and banks’ representatives will demystify the process and point out common pitfalls to avoid. District Court Survival Guide Civil Practice and Criminal Practice............................ 5 T Topics include: • • • • • • • • • • • • Initial client interview – buyer and seller; Preparing the documents for closing; The buyer/seller/broker negotiation; Drafting and negotiating the offer and purchase and sale agreement; Special considerations for condominium and multi-family dwellings; Mortgages and the mortgage approval process; The appraisal; Dealing with hazardous substances on the property; The role of the bank’s attorney; Faculty: Title issues and title insurance; Joe Boynton, Esq., program co-chair Conducting the closing: who does what?; and Attorney at Law, Worcester Post-closing issues. Michael G. Gatlin, Esq, program co-chair Workplace Injury—The Seminar You Can’t Miss.......... 6 Fundamentals of Civil Motion Practice......................... 7 Handling Depositions with Confidence......................... 8 Trial Practice Luncheon Roundtable Series: Part I: Pretrial Preparation and Jury Issues and Part II: Trial Issues...................................................... 9 Fundamentals of Effective Discovery........................... 9 Family Law How to Conduct Discovery in High- and Low-Income Cases Where Speed is a Priority................................ 5 Basics of Divorce Practice............................................ 8 Juvenile & Child Welfare Practice Skills for CAFL and DCF Attorneys................ 6 Immigration Law Immigration Law Essentials.......................................... 8 Labor & Employment Law Law Office of Michael G. Gatlin, Framingham Kevin M. David, Esq. Webster First Federal Credit Union, Webster Employment Law Basics.............................................. 7 Sponsoring sections/division: Uniform Probate Code Article V Update . .................... 3 General Practice, Solo and Small-Firm, Property Law, Young Lawyers Division Miscellaneous Staying Professional in the Practice............................. 2 Probate Law The Impact of Estate Planning on Marital Assets in Divorce........................................................ 6 Basics of Developing an Estate Plan............................ 7 Public Law Fourth Annual Public Law Conference.................. 12 mba On Demand Watch a recorded MBA presentation from the comfort of your home or office. See page 10 for details. A Pu b l i c a t i o n o f th 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 / J u n e – AUGUST 2 0 1 0 The ABCs of Social Security Disability Cases Staying Professional in the Practice Course #: CLR10 • Introductory level Course #: YLA10 • Introductory level Thursday, June 3, 4–7 p.m. MBA, 20 West St., Boston Monday, June 7, 4–7 p.m. MBA, 20 West St., Boston Eligibility for beneficial disability benefits from Social Security is complex and highly regulated. In addition, there are ongoing changes to the disability determination process and procedures that may create pitfalls for inexperienced practitioners. Ethical issues arise every day in every practice. Practitioners are now accepting the necessity of analyzing their own practices and procedures, evaluating their vulnerabilities and establishing systems to protect their clients and themselves. This course is designed to help you maintain a sound practice through a better understanding of ethical requirements. The presenters will provide a current review of critical issues in ethics, malpractice avoidance and professionalism. The seminar will focus on educating practitioners and providing practical suggestions on how to develop systems and safeguards to help avoid the pitfalls associated with ethical considerations, integrity issues, conflicts of interest and attorney-client privileges in day-to-day relationships with clients. This practical program also will focus on how to maintain professional integrity while zealously representing clients. Our expert panelists will outline the standards by which an attorney’s conduct will be judged, and suggest practical ways to minimize susceptibility to malpractice and ethics complaints. Topics include: • How to do an effective intake of a prospective client and how to avoid potential problems; • The basics of SSI and SSDI eligibility; • Evidence that is required to prove disability and how to obtain it; • Important information to know about the changing appeals process; • How to obtain a fee in social security disability cases; • Avoiding conflicts with clients; and • The duty that is owed to the adjudicator in an administrative hearing. Faculty: Linda Landry, Esq., program chair Disability Law Center, Boston Mark Bronstein, Esq. Law Office of Mark Bronstein, Newton Ronald B. Eskin, Esq. Law Office of Ronald B. Eskin PC, Lowell Sponsoring sections/division: Topics include: Linda Landry Civil Litigation, Probate Law, Public Law, Young Lawyers Division After live program, recorded program available for purchase at www.MassBar.org/OnDemand. • • • • • • • • Rules of Professional Conduct; Proposed changes to IOLTA rules; Avoiding bar complaints and malpractice; Attorney/client and attorney/attorney relations; Conflicts and conflict waivers; Pro bono obligations; Stress management and dealing with difficult lawyers; and Cooperating with discovery and discovery uses and abuses. Faculty: James S. Bolan, Esq., program chair Brecher, Wyner, Simons, Fox & Bolan LLP, Newton Sarah Chambers, Esq. Office of Bar Counsel, Boston *Additional faculty to be announced. Sponsoring division: Young Lawyers Division James S. Bolan Follow the MBA on TM Real-time Webcast available for purchase. Visit www.MassBar.org. M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0 M B A C L E / J u n e – AUGUST 2 0 1 0 Uniform Probate Code Article V Update Basics of Massachusetts Construction Law Course #: PLU10 • Introductory level Course #: BLH10 • Introductory level Tuesday, June 8, 4–7 p.m. MBA, 20 West St., Boston Wednesday, June 16, 4–7 p.m. MBA, 20 West St., Boston This three-hour session will focus on four topics of Article V practice: This program will provide an overview of Massachusetts construction law. This will include information about construction law concepts; an overview of construction project claims; a discussion of the special methods of collection relative to the construction industry (namely mechanic’s lien and bond claims); and demands for direct payment. The seminar will also discuss the fundamentals of construction defect litigation, including a review of the economic loss doctrine and warranty claims. • Completing and filing petition, medical certificate and other documents required at initial filing; • Service of process and notices; • Completing and filing inventory, account, financial plan, care plan report; and • Post-appointment procedures: license to sell real estate, substituted judgment, estate planning, removal and substitution of guardian/conservator. The panel will discuss applicable statutes, rules of court and standing orders, as well as forms and pleadings applicable to guardian and conservator proceedings. There will be time for some questions and answers following the presentation. Faculty: John G. Dugan, Esq., program chair Doherty, Ciechanowski, Dugan & Cannon PC, Franklin James M. O’Sullivan, Esq. O’Sullivan & Connolly PC, Norwell Evelyn J. Patsos, Esq. Worcester Probate and Family Court Sponsoring sections/division: John G. Dugan Family Law, General Practice, Solo & Small-Firm, Probate Law, Young Lawyers Division Topics include: • How to identify key issues and concepts in Massachusetts construction law; • Basics of construction claims, including an overview of claims for delay, interference and acceleration, claims for concealed site conditions, and changes/extras; • How and when to assert claims for non-payment on projects, including a review of the fundamentals of mechanic’s liens, bond claims and demand for direct payment; • Topics related to construction defect claims, namely the economic loss doctrine and warranty issues; and • Traps for the unwary inherent in construction practice (e.g., the deadlines and filing requirements for mechanic’s lien and bond claims), as well as statutes that uniquely affect the construction industry. Faculty: Philip M. Hirshberg, Esq., program chair and moderator Morrison Mahoney LLP, Boston Carolyn M. Francisco, Esq. Corwin & Corwin LLP, Boston Jeremy Ritzenberg, Esq. Hinckley, Allen & Snyder LLP, Boston Sponsoring sections/division: Real-time Webcast available for purchase. Visit www.MassBar.org. Business Law, Civil Litigation, Young Lawyers Division Philip M. Hirshberg After live program, recorded program available for purchase at www.MassBar.org/OnDemand. Massachusetts Law Review seeks submissions The Massachusetts Law Review, the longest continually run law review in the country, is always looking for submissions from members of the bar. The Law Review is circulated around the world and contains comprehensive analyses of Massachusetts law, commentary on groundbreaking cases and legislation, and reviews of books of interest to practitioners. Submit articles or proposals to Periodicals Manager Bill Archambeault at barch@massbar.org. For more information, visit www.massbar.org/submissions. www. M a s s B a r . o r g R e g i s t e r a t w w w. M a s s B a r. o r g / C L E 3 4 M B A C L E / J u n e – AUGUST 2 0 1 0 Criminal Justice Conference Doing Time: Effective Advocacy at Sentencing and in the Parole Process Sponsored by the Criminal Justice Section Council Course #: CJC10 Tuesday, June 15, 2–6 p.m. MBA, 20 West St., Boston Join us for a lively two-part panel discussion on effective advocacy in the sentencing and parole process. Effective Sentencing Advocacy With Massachusetts jails and prisons dealing with overcrowded populations, and with courts facing burgeoning dockets (often with a reduced staff and shrinking budgets), now is the time for fresh approaches to criminal sentencing. Join us for an insightful discussion by a distinguished panel of judges, criminal practitioners, and probation officers on creative advocacy in the sentencing and disposition process. Learn about resources that exist, both inside and outside the court system, which can provide viable alternatives to incarceration. Topics Include: • Tools, tips, and pre-disposition resources available to help obtain the best possible sentence for your client; • Effective ways of presenting mitigating information about your client; The Ins and Outs of the Parole Process For many criminal practitioners, a case concludes when their client is sentenced to a term of incarceration and is escorted from the courtroom in handcuffs to begin serving the sentence. However, attorneys can continue to advocate for clients throughout the parole process. This distinguished panel will provide a comprehensive explanation of the parole process, from initial hearing to termination. Learn about ways that attorneys can help their clients minimize the amount of time they serve, from developing a creative sentence structure at the plea to advising clients on how to increase their chances of obtaining parole. Topics Include: • Calculation of parole eligibility for both house of correction and state prison sentences, including complex “from and after” sentences; • Discussion of the types of parole hearings and their processes and procedures; • Lobby Conferences: strategies for effective and innovative dispositional arguments; and • Effective representation of clients at “lifer” parole hearings; • View from the Bench: hear superior and district court judges express their opinions on persuasive sentencing advocacy and alternatives to incarceration. • The Parole Board: its role and function, as well as its criteria in determining whether to grant parole; For the most up-to date program and faculty information, visit www.massbar.org/cle. • How to best prepare clients for “non-lifer” parole hearings; • Conditions and supervision of parolees (including discussion of joint supervision with probation); and • Parole violations: recision and revocation hearings. Faculty: R. Matthew Rickman, Esq. Conference chair and moderator LibbyHoopes PC, Boston *Additional faculty to be announced. R. Matthew Rickman After live program, recorded program available for purchase at www.MassBar.org/OnDemand. M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0 M B A C L E / J u n e – AUGUST 2 0 1 0 How to Conduct Discovery in High- and Low-Income Cases Where Speed is a Priority District Court Survival Guide Civil Practice Course #: CLT10 • Introductory level Course #: FLF10 Wednesday, June 16, 4–7 p.m. Registry of Deeds, 90 Front St., Worcester This program details the strategies used to effectively plan for and handle discovery in three different kinds of cases: Case #1: Where parties have few assets, discovery is necessary, but they don’t want to spend all their money getting the information they need. Case #2: Where parties have significant assets to value and divide, and discovery involves depositions, experts and production of substantial documents. Case #3: Where speed is a priority due to spoliation, manipulation or diminishing assets, or a short trial date. Topics include: • How to effectively plan a discovery strategy; • When to serve a request for production of documents and when to serve a subpoena; • When to take a deposition and how to make it effective; • When to hire a private investigator; • How to effectively use an expert witness; • How to effectively manage documents; • When you should think about a discovery master; • When and how to bring a motion to compel; and • The impact of Massachusetts Privacy Law 201 CMR 17 (WISP) on discovery. Faculty: Jennifer R. Clapp, Esq., program chair and moderator Grindle, Robinson, Goodhue & Frolin, Wellesley Hon. Gregory V. Roach Worcester Probate and Family Court Megan H. Christopher, Esq. MetroWest Legal Services, Framingham Paige Dunmire Firment, Esq. Paige Dunmire Firment, Attorney at Law, Worcester Patrick M. Hart, Esq. Hart Law Offices, Marlborough *Additional faculty to be announced. Sponsoring section/division: Family Law, Young Lawyers Division Monday, July 19, 4–6:30 p.m. MBA, 20 West St., Boston This seminar is designed to educate practitioners on the fundamentals of civil litigation in the district courts of Massachusetts. Panelists will discuss preparing cases for trial, motion practice and trials and appeals. Faculty: Amy Cashore Mariani, Esq., program chair Fitzhugh & Mariani LLP, Boston Hon. Robert A. Cornetta Presiding Justice, Salem District Court Kathleen M. Guilfoyle, Esq. Campbell, Campbell, Edwards & Conroy PC, Boston Ann O’Malley, Esq. O’Malley & Harvey, Boston Amy Cashore Mariani Criminal Practice Course #: CLS10 • Introductory level Monday, Aug. 16, 4–6:30 p.m. MBA, 20 West St., Boston This seminar is designed to educate practitioners on the fundamentals of criminal litigation in the district courts of Massachusetts. Topics will include arraignment, bail, trial and 209A practice. Faculty: Jennifer R. Clapp Amy Cashore Mariani, Esq., program chair Fitzhugh & Mariani LLP, Boston Hon. Robert A. Cornetta Presiding Justice, Salem District Court Martin F. Kane II, Esq. McGrath & Kane Inc., Boston Raymond Sayeg Jr., Esq. Denner & Associates PC, Boston *Additional faculty to be announced. Sponsoring sections/division: Civil Litigation, Criminal Justice, General Practice, Solo & Small-Firm Young Lawyers Division *Discounted rates for attending both the Civil Practice and Criminal Practice seminars. See page 11 for details. After live program, recorded program available for purchase at www.MassBar.org/OnDemand. R e g i s t e r a t w w w. M a s s B a r. o r g / C L E 5 6 M B A C L E / J u n e – AUGUST 2 0 1 0 Practice Skills for CAFL and DCF Attorneys Evening roundtable (refreshments provided) Workplace Injury The Seminar You Can’t Miss Course #: JWA10 • Intermediate level Course #: CLP10 Intermediate level Tuesday, June 22, 4–6 p.m. MBA, 20 West St., Boston Wednesday, June 23, 3–7 p.m. MBA, 20 West St., Boston Hone your practice skills with expert practitioners and judges from the Juvenile Court to enhance advocacy in the courtroom. The panel will focus on practical examples and tips on topics from motions to evidence to cross examination to ensure attorneys provide effective assistance of counsel to their clients. Topics will include oral advocacy skills, sample motions and witness examination skills. Faculty: Peter A. Hahn, Esq, program chair and moderator Hilton, Sindelar, Hahn & Mollow, Newton Hon. Terry M. Craven Suffolk County Juvenile Court Hon. Joseph F. Johnston Essex County Juvenile Court Martha Rush O’Mara. Esq. Law Office of Martha Rush O’Mara, Melrose Maria C. Ventullo, Esq. Law Office of Maria C. Ventullo, Andover *Additional faculty to be announced. Peter A. Hahn Sponsoring sections: Family Law, Juvenile & Child Welfare The Impact of Estate Planning on Marital Assets in Divorce Course #: PLT10 • intermediate Level Thursday, June 24, 4–6:30 p.m. MBA, 20 West St., Boston In this program, you will receive a judicial update on breaking case law, learn about the ethical traps inherent in Medicare offsets and understand what you have to do in order to be in compliance with new data privacy laws. You will also find out how to develop effective vocational evidence consistent with the Pear Eady case. Finally, you’ll learn how to uncover and litigate valuable “third-party cases.” Faculty: Douglas K. Sheff, Esq., program co-chair and moderator Sheff Law Offices PC, Boston Michael C. Akashian, Esq., program co-chair Landman & Akashian LLP, Boston Channing Migner, Esq., program co-chair Law Office of Channing Migner PC, Worcester Marianne Swenson, Esq., program co-chair Curtin, Murphy & O’Reilly, Boston Hon. Bernard Fabricant Department of Industrial Accidents, Boston Richard P. Bock, Esq. Law Offices of Thomas M. Niarchos, Springfield Marcy Goldstein-Gelb Executive Director, MassCOSH, Dorchester Sponsoring section: Civil Litigation This program will review the impact of estate planning on the division of marital assets in a divorce. Topics include: • Revised provisions of the Uniform Probate Code impacting estate plans; • The use of pre-nuptial agreements to protect family assets and businesses; • Domestic relations orders; and • Current case law impacting the revision of estate plans or the transfer of assets. Faculty: Douglas K. Sheff, moderator David J. Correira, Esq., program chair Correira & Iacono LLP, Swansea/Boston Denise Squillante, Esq. Law Office of Denise Squillante, Fall River Sponsoring sections: Family Law, Probate Law Michael C. Akashian Channing Migner Marianne Swenson Real-time Webcast available for purchase. Visit www.MassBar.org. David J. Correira M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0 M B A C L E / J u n e – AUGUST 2 0 1 0 Fundamentals of Civil Motion Practice Employment Law Basics Course #: LEE10 • Introductory level Monday, July 26, 4–7 p.m. MBA, 20 West St., Boston Course #: CLU10 • Introductory level This nuts-and-bolts seminar is designed to provide a basic introduction to employment and labor law for the newer attorney as well as for seasoned attorneys who want to expand their practice or learn more about this area of law. Our expert panel will provide a broad, substantive overview, highlighting statutes, case law and practice pointers, enabling you to understand the complex and ever-changing field of employment and labor law. Gain substantive knowledge and practical experience you can use to represent your client or your company. Nearly every civil case involves some aspect of motion practice. This seminar will address the procedural and substantive requirements of effective motion practice in both the state and federal courts, including procedural requirements for filing and drafting motions, advice on drafting motions and a discussion of the substantive aspects of common civil motions. Topics include: • • • • • • Tips for evaluating employment cases; Plaintiffs’ employment law issues; At-will employment; Wage and hour basics; Perspectives on settling employment cases; and Practicing before the MCAD. If you are a new attorney, you won’t want to miss this informative seminar. Stay current and gain new practice skills by registering today. Faculty: Sheryl Eisenberg Sheryl Eisenberg, Esq., program co-chair Hirsch, Roberts, Weinstein LLP, Boston Christina L. Montgomery, Esq., program co-chair Law Office of Christina L. Montgomery, Waltham *Additional faculty to be announced. Wednesday, July 28, 4–7 p.m. MBA, 20 West St., Boston Topics include: • Procedural requirements for motion practice in the state’s district and superior courts, and in the U.S. District Court of Massachusetts; • Recent changes to summary judgment practice under the new Superior Court Rule 9A; • When and how reply briefs are allowed; • Drafting dispositive motions, such as motions for summary judgment and motions to dismiss; • Special requirements for discovery motions; • Motions for injunctive relief, including temporary restraining orders and for preliminary injunctions; • Trial motions, including motions in limine, motions for a directed verdict and post-trial motions; and • Practical advice for drafting motions and conducting oral arguments. Faculty: Sponsoring sections/division: General Practice, Solo & Small-Firm, Labor & Employment Law, Young Lawyers Division Christina L. Montgomery Philip M. Hirshberg, Esq., program chair and moderator Morrison Mahoney LLP, Boston Alice A. Kokodis, Esq. Edwards, Angell, Palmer & Dodge LLP, Boston Bruce Medoff, Esq. Smith & Brink PC, Quincy Gareth W. Notis, Esq. Morrison Mahoney LLP, Boston Philip M. Hirshberg Sponsoring sections/division: Civil Litigation, General Practice, Solo & Small-Firm, Young Lawyers Division Basics of Developing an Estate Plan Course #: PLW10 • Introductory level Thursday, July 29, 4–7 p.m. MBA, 20 West St., Boston Estate planning can provide the foundation for a rewarding law practice. To ensure that you are providing the best estate planning service to your clients, attend this seminar to learn practical pointers for developing an estate plan from beginning to end. Participants will also gain knowledge of issues concerning estate tax, planning for long-term care (Medicaid) and providing for minors. Learn from our experts in the field of estate planning. Faculty: Kevin G. Diamond, Esq., program chair Shea & Diamond LLP, Holliston *Additional faculty to be announced. Sponsoring sections/division: Probate Law, General Practice, Solo & Small-Firm, Young Lawyers Division Kevin G. Diamond After live program, recorded program available for purchase at www.MassBar.org/OnDemand. R e g i s t e r a t w w w. M a s s B a r. o r g / C L E 7 8 M B A C L E / J u n e – AUGUST 2 0 1 0 Handling Depositions with Confidence Basics of Divorce Practice Course #: CLV10 • Introductory level Tuesday, Aug. 10, 4–7 p.m. MBA, 20 West St., Boston Tuesday, Aug. 3, 2–5 p.m. MBA, 20 West St., Boston This seminar is a unique opportunity for attorneys with little or no experience in taking depositions to learn how to handle specific issues that may arise when preparing for, taking or defending a deposition. Our experienced faculty will offer practical tips and pointers. Topics include: • • • • • • • • • Understanding the “usual stipulations;” Knowing when one should be “on the record” or “off the record;” How to handle difficult opposing counsel; How to handle a 30(b)(6) deposition; What to do if the deponent wants to speak to his or her attorney; How to use documents during a deposition; What to do if a dispute arises during the deposition; Available sanctions for improper conduct during a deposition; and Ethical issues that arise during a deposition. Faculty: Grace V. Bacon Garcia, Esq., program chair Morrison Mahoney LLP, Boston Erin M. Boucher, Esq. Hinckley, Allen & Snyder LLP, Boston Philip M. Hirshberg, Esq. Morrison Mahoney LLP, Boston Sponsoring sections/division: Grace V. Bacon Garcia Civil Litigation, General Practice, Solo & Small-Firm, Young Lawyers Division Immigration Law Essentials Course #: IME10 • Introductory level Thursday, Aug. 5, 2–6 p.m. MBA, 20 West St., Boston Immigration touches various areas of law and affects many lives. Attorneys should be aware of basic immigrant visa procedures and the alphabet soup of immigration status. Topics will include: types of visas — permanent green cards and temporary visas; naturalization; employer compliance/enforcement; family and employer sponsors; relief from deportation; and immigration reform legislation. Faculty: Divorce practice ranks among the most demanding, complex and challenging areas of legal work. In order to be effective and avoid costly mistakes, counsel must be prepared to address a wide array of issues — from asset valuation and division, to child custody matters, to taxation — often in high-pressure, deadline-driven arenas. This course will teach you how to determine the facts of your client’s case, select appropriate avenues of relief and parry your opponent’s strategies while you become familiar with relevant statutes, rules and leading cases that you can use to achieve positive results for your client. Topics include: • Initiating representation: how to interview prospective clients, address ethical issues that arise in establishing representation and develop a theory of your case; • Core values: tips on preparing Rule 401 financial statements; • Obtaining temporary orders: spousal and child support, asset preservation and visitation; • Discovery: Rule 410, coping with the dishonest or secretive spouse, the discovery toolkit; • Matters involving children: an overview of custody and visitation; guardians ad litem; special problems that children face when they are involved in divorce cases; • Pretrial conferences and case management conferences: when to request them and how to prepare the appropriate materials to make the best use of them; • Settlement primer: factors to consider in settlement negotiations, how to protect yourself and your client and how to determine whether or not a case should go to trial; and • Trial preparation checklist. Faculty: Deborah M. Faenza, Esq., program co-chair Ryan & Faenza, Walpole Susan A. Huettner, Esq., program co-chair Law Office of Susan A. Huettner PC, Sandwich Sponsoring sections/division: Family Law, General Practice, Solo & Small-Firm, Young Lawyers Division Deborah M. Faenza Susan A. Huettner Joseph P. Curran, Esq., program co-chair Curran & Berger, Northampton *Additional faculty to be announced. Sponsoring sections/division: Course #: FLG10 • Introductory level Joseph P. Curran Access to Justice, Criminal Justice, Family Law, General Practice, Solo & Small-Firm, Labor & Employment Law, Immigration Law, Individual Rights & Responsibilities, Young Lawyers Division After live program, recorded program available for purchase at www.MassBar.org/OnDemand. M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0 M B A C L E / J u n e – AUGUST 2 0 1 0 Fundamentals of Effective Discovery Course #: CLW10 • Introductory level Wednesday, Aug. 18, 2–5 p.m. MBA, 20 West St., Boston Geared toward attorneys with little or no experience, this basic seminar will provide practice tips and pointers for litigation attorneys seeking an overview of formal discovery techniques. Learn how to implement a strategic discovery plan and utilize discovery methods that will allow you to obtain the information you need to successfully position yourself for trial or settlement. Topics include: • How to outline a case notebook; • Strategies for scheduling and taking depositions; • How to draft and respond to requests for production of documents, interrogatories and admissions; • When to draft a notice to compel; • Final requests for interrogatory answers under new Mass. R. Civ. P. 33; and • Ethical limitations on discovery. Faculty: Trial Practice Luncheon Roundtable Series (Lunch provided) Part I: Pretrial Preparation and Jury Issues Course #: CLX10 • Introductory level Thursday, Aug. 19, noon–2 p.m. MBA, 20 West St., Boston Join us for the first of two exciting luncheon roundtables that will break down the various components of a trial and help attendees develop and enhance their skills as trial attorneys. Our expert panel, comprised of top litigators in their respective fields with a wide variety of experience in trying cases, will share practical tips on effective advocacy and proper preparation. Topics include: • Preparing a trial notebook; • Motions in limine; • Jury issues, including instructions, voir dire and empanelment; and Grace V. Bacon Garcia, Esq., program chair Morrison Mahoney LLP, Boston Philip M. Hirshberg, Esq. Morrison Mahoney LLP, Boston Gregg A. Rubenstein, Esq. Nixon Peabody LLP, Boston • Preparing witnesses. Part II: Trial Issues Course #: CLY10 • Introductory level Sponsoring sections/division: Thursday, Aug. 26, noon–2 p.m. MBA, 20 West St., Boston Civil Litigation, General Practice, Solo & Small-Firm, Young Lawyers Division Grace V. Bacon Garcia After live program, recorded program available for purchase at www.MassBar.org/OnDemand. In part two of the trial practice series, our panelists will lead a discussion on specific aspects of the actual trial. Attendees will learn real-life courtroom skills and specific strategies for implementing those skills in their practice. Topics include: • Opening statements; • Direct and cross-examination; • Evidence and objections; and • Closing arguments. MBA CLE Editors Elizabeth A. Varney, Esq., CLE manager EVarney@MassBar.org Michele A. Himes, Esq., CLE program attorney MHimes@MassBar.org Design and Production N. Elyse Lindahl, senior design manager ELindahl@MassBar.org Series faculty: Jeffrey N. Catalano, Esq., program chair Todd & Weld LLP, Boston Hon. Andrew M. D’Angelo Stoughton District Court, Stoughton Alice B. Braunstein, Esq. Denner Pellegrino LLP, Boston Charles M. Waters, Esq. Sheehan, Phinney, Bass & Green PA, Boston Sponsoring sections/division: Jeffrey N. Catalano Business Law, Civil Litigation, Criminal Justice, General Practice, Solo and Small-Firm, Young Lawyers Division R e g i s t e r a t w w w. M a s s B a r. o r g / C L E 9 10 MBA CLE / JUNE–JULY 2010 mba On Demand An innovative approach to Continuing Legal Education and other association offerings Unable to attend an MBA conference, seminar or roundtable? Experience an MBA presentation from the comfort of your home or office.t The following online, recorded CLE programs are now available for purchase: • From the Family Law Conference: State of the Trial Court; Issues of Interstate Custody; The Hague Convention and Issues of International Custody; DOMA: What Hurdles Does DOMA Place in the Way of Same-Sex Married Couples and Those Who are Divorcing?; and Federal Tax Issues in Family Law • How to Start and Run a Successful Solo or Small-Firm Practice • Offers and Purchase and Sale Agreements • Looking for Career Control and Satisfaction? Small Firms Offer Big Options • Distressed Property Bootcamp: Session I: Short Sales • Distressed Property Bootcamp: Session II: Foreclosure • Handling Depositions with Confidence • H-1B Basics • Probate/Property Series: Part I: Real Estate Trusts and the Use of Trusts in Estate Planning, Part II: How to Handle a Petition to Partition from a Probate and Property Law Perspective, and Part III: Probating Real Estate from Start to Finish • Reverse Mortgages • Basics of Developing an Estate Plan • It’s Confidential — Privilege Law in Massachusetts • Mediation Advocacy Tips, Tactics and Techniques • The Impact of Social Networking on Employment Law • Earning Attorney Fee Awards for Helping Low- and Middle-Income Clients • Recent Developments in: Personal Injury and Insurance Law; Probate Law; Family Law; Juvenile Law; Employment Law; Real Estate Law; and Bankruptcy Law • Contempt Trends and Beyond • Planning with LLCs • Basics of Divorce Practice • Expanding Horizons for Senior Lawyers • Non-Competition Agreements • Canadian Entries: Some Tokens for Invisible Turnstiles • Social Media for Lawyers: How to Boost Your Practice and Avoid Pitfalls • Compliance with the New Data Privacy Laws • Building Business in the Post-Crash Economy Sample the following MBA ON DEMAND programs for FREE: • Traps for the Unwary • A View from the Bench: Effective Oral and Written Advocacy • MBA Annual Conference 2010 Gala Dinner Keynote Speaker: Morris Dees, Chief Trial Consel and Co-Founder of the Southern Poverty Law Center  Featured at www.MassBar.org/OnDemand M a s s a c h u s e t t s B a r I n s t i t u t e • 2 0 We s t S t . • B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 • ( 6 1 7 ) 3 3 8 - 0 5 3 0 MBA cle registration form NOTE: All programs are subject to cancellation. To check the status of a program, visit www.MassBar.org or call (617) 338-0530 on the day of the program. Name: Mr./Ms./Hon.:_____________________________________________________________ MBA member # (if applicable):_ ____________________________________ Firm, company or law school: _ ______________________________________________________________________________________________________________ c New address. Please update my member profile. Address: ____________________________________________________________________________________________________________________________ c I require special assis- City: ________________________________________State: ___________________________ Zip + 4: ___________________________________________________ tance. Please contact me. Phone: _______________________________Fax: ___________________________ E-mail: _ ___________________________________________________________ M B A M E M B E R S Sponsoring section/ Paralegals, law Co-sponsors, division/committee students, members 2009 admittees other members Check sessions you will be attending (fees include any written materials and meals when applicable): Fourth annual Public Law Conference $80 PUA10 Wednesday, June 2, 9 a.m.–2 p.m., MBA, Boston (PU) $80  CLR10 The ABCs of Social Security Disability Cases Thursday, June 3, 4–7 p.m., MBA, Boston (CL, PL, PU, YL) $80  YLA10 Staying Professional in the Practice Monday, June 7, 4–7 p.m., MBA, Boston (YL) $80  PLU10 Uniform Probate Code Article V Update Tuesday, June 8, 4–7 p.m., MBA, Boston (FL, GP, PL, YL) $80  CJC10 Criminal Justice Conference–Doing Time: Effective Advocacy at Sentencing and in the Parole Process, Tuesday, June 15, 2–6 p.m., MBA, Boston (CJ) How to Conduct Discovery in Highand Low-Income Cases Where Speed is a Priority $80  FLF10 Wednesday, June 16, 4–7 p.m. Registry of Deeds, Worcester (FL, YL) Basics of Massachusetts Construction Law $80  BLH10 Wednesday, June 16, 4–7 p.m., MBA, Boston (BL, CL, YL) $15  JWA10 Practice Skills for CAFL and DCF Attorneys Tuesday, June 22, 4–6 p.m., MBA, Boston­—Evening roundtable (refreshments provided) (FL, JW) $80  CLP10 Workplace Injury—The Seminar You Can’t Miss Wednesday, June 23, 3–7 p.m., MBA, Boston (CL) $80  PLT10 The Impact of Estate Planning on Marital Assets in Divorce Thursday, June 24, 4–6:30 p.m., MBA, Boston (FL, PL) $80  CLT10 District Court Survival Guide: Civil Practice* Monday, July 19, 4–6:30 p.m., MBA, Boston (CL, CJ, GP, YL) $80  PRK10 How to Handle a Residential Real Estate Closing Tuesday, July 20, 4–7 p.m., MBA, Boston (GP, PR, YL) $80  LEE10 Employment Law Basics Monday, July 26, 4–7 p.m., MBA, Boston (GP, PR, YL) $80  CLU10 Fundamentals of Civil Motion Practice Wednesday, July 28, 4–7 p.m., MBA, Boston (CL, GP, YL) $80  PLW10 Basics of Developing an Estate Plan Thursday, July 29, 4–7 p.m., MBA, Boston (PL, GP, YL) $80  CLV10 Handling Depositions with Confidence Tuesday, Aug. 3, 2–5 p.m., MBA, Boston (CL, GP, YL) $80 (IM, AJ, CJ, FL,  IME10 Immigration Law Essentials Thursday, Aug. 5, 2–6 p.m., MBA, Boston LE, IR, GP, YL) $80  FLG10 Basics of Divorce Practice Tuesday, Aug. 10, 4–7 p.m., MBA, Boston (FL, GP, YL) $80  CLS10 District Court Survival Guide: Criminal Practice* Monday, Aug. 16, 4–6:30 p.m., MBA, Boston (CL, CJ, GP, YL) $80  CLW10 Fundamentals of Effective Discovery Wednesday, Aug. 18, 2–5 p.m., MBA, Boston (CL, GP, YL) $15  CLX10 Trial Practice Luncheon Roundtable Series—Part I: Pretrial Preparation and Jury Issues Thursday, Aug. 19, noon–2 p.m., MBA, Boston­—Luncheon roundtable (lunch provided) (BL, CJ, CL, GP, YL) $15  CLY10 Trial Practice Luncheon Roundtable Series—Part II: Trial Issues Thursday, Aug. 26, noon–2 p.m., MBA, Boston—Luncheon roundtable (lunch provided) (BL, CJ, CL, GP, YL) REGISTER EAR L Y — Pre-registration is strongly recommended as space is limited, and cannot be processed without payment by check or credit card. Walk-ins on the day of the program cannot be guaranteed program materials or a seat. *Discounted rates for attending both the Civil Practice (July 19) and Criminal Practice (Aug. 16) seminars: Section members—$130; MBA member new admittees/paralegals/law students—$60; other MBA members—$200; nonmembers—$290  Nonmembers $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $15 $25 $50 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $40 $115 $160 $15 $25 $50 $15 $25 $50 $ p Aym e n t i n f o r m a t i o n c Enclosed is my check in the amount of $____________. RETURN FORM WITH PAYMENT TO: MBA Continuing Legal Education, 20 West St., Boston, MA 02111-1204. Include check made payable to the Massachusetts Bar Institute. Faxed registrations will be accepted with credit card at (617) 542-3057. Charge my: c MasterCard c Visa c AmEx Acct. #: ___________________________________________ Exp. date:____________ Signature: _ ________________________________________ Date:_______________ C L ED M MBA Your Partner in The NON PROFIT US POSTAGE PAID Boston, Ma Permit No. 53555 Profession 2 0 We s t S t r e e t , B o s t o n , M A 0 2 1 1 1 - 1 2 0 4 Fourth Annual Public Law Conference A Sponsored by the Public Law Section Council ttorneys representing governmental bodies and those who appear before agencies of the government face various issues related to balancing openness in government with institutional confidentiality concerns. During 2009, the legislature enacted significant reforms in the state’s Open Meeting Law (OML) that will transfer responsibility for all enforcement of the law to the Attorney General’s Office effective July 1, 2010. In addition, the increasing use of social media by government agencies and personnel presents OML, public records law and other legal issues. In this context, our Fourth Annual Public Law Conference will provide current information for both the new and the experienced practitioner. The conference will open with a panel discussion on the implementation of the new OML. Topics discussed will include the substantive changes in the OML and the attorney general’s new enforcement powers. The panel will also discuss the interplay between the OML and Public Records Law. The second session will provide practitioners with an overview of the legal issues associated with the use of social media by government agencies. The conference concludes with the luncheon keynote speaker, Robert A. Nasdor, director, Division of Open Government. Mr. Nasdor will discuss the attorney general’s new responsibilities under the OML, including the organization and functions of the Division of Open Government and the training and outreach resources that will be available to public officials subject to the OML. Schedule: • Registration and continental breakfast............................................... 8:30 a.m. • Welcome and introductions....................................................................... 9 a.m. • Panel Discussion — The New Open Meeting Law.............................. 9:15 a.m. • Break..................................................................................................... 11:15 a.m. • Use of Social Media by Government Agencies................................. 11:30 a.m. • Keynote luncheon. .............................................................................. 12:30 p.m. Course #: PUA10 Wednesday, June 2 9 a.m.—2 p.m. MBA, 20 West St., Boston Due to limited space, pre-registration is required. Faculty: Robert Nasdor, Esq., director Division of Open Government, Office of the Attorney General, Boston Christopher J. Petrini, Esq. Petrini & Associates PC, Framingham Brian W. Riley, Esq. Kopelman & Paige PC, Boston Robert W. Ritchie, Esq., general counsel Massachusetts Department of Agricultural Resources, Boston Stephanie Zierten, Esq., deputy general counsel Mass. Information Technology Division, Boston After live program, recorded program available for purchase at www.MassBar.org/OnDemand. Register at www.MassBar.org/PublicLaw or call (617) 338-0530.
