Mass. Lawyer's Journal - January 2011

Volume 18 | NUMBER 5 | January 2011

WWW.MASSBAR.ORG

Commemorative Centennial issue

MBA History A timeline of events and milestones.

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A recollection of Frank W. Grinnell

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For threequarters of a century, the MBA had no place to call home.

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Longest-serving MBA officer; also started Law Review.

MBA finds a home

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See page 2 for a complete listing of this issue’s contents.

Massachusetts Law yers Journal | January 2011

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A poignant beginning to MBA’s second century “The great thing in the world is not so much where we stand, as in what direction we are moving.”

— Oliver Wendell Holmes

PRESIDENT’S VIEW Denise Squillante As we celebrate the Massachusetts Bar Association’s centennial anniversary, we recognize the association’s sustained influence in the legal community and society as a whole. We need to make certain that we pull from the lessons of our past as we work to construct its promising future.

Poised as a new organization welcoming an unprecedented breadth of practitioners’ viewpoints, MBA inaugural President Richard Olney and others set the direction for the new association by established its initial charge: “To cultivate the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to further uniformity of legislation through the Union, to uphold the honor of the profession of the law, and to encourage cordial intercourse among the members of the Massachusetts bar …”

The MBA got off to a running start by

leveraging its voice in improving the educational requirements for bar admission. Shortly thereafter, it adopted a code of professional ethics to guide the actions of future generations of lawyers.

The association was one of the driving forces for the legal aid movement in the 1920s. And, through its Massachusetts Judicial Council, the MBA embraced a decades-long mission of participating in activities related to the intricacies of the administration of justice. In addition to

dent judiciary and legal services funding.

It is apparent that throughout the MBA history, at no time did its leaders or membership rest on their laurels. In contrast, the MBA has been and should continue to be at the ready to address the many issues worthy of our efforts as they continue to reveal themselves at a steady pace.

So, we carry on and begin writing the next century of MBA history the only way we know how — with consideration to the best interest of the profession and the clients we serve.

I hope you’ll join me and your fellow members of the bar in commemorating the first century of the MBA and celebrating what lies ahead on May 18 and 19 as we present our Centennial Conference and Ball in Boston. As much as we have to be proud of in our heritage, we have even more to be inspired by in our future.

As I’ve told some of you reading this, before my presidency began, I was struck by the clarity of an unattributed quote inscribed on the National Archives building in Washington, D.C. It reads, “The heritage of the past is the seed that brings forth the future.”

With that sentiment in mind, I thank those of you who have been instrumental in the MBA’s heritage so far and look forward to working with those who will be integral in its future. ■

refining the state’s legal educational offerings, the association became entrenched in public service in the 1950s, recognizing our profession’s obligation to selflessly serve, with a major impact, the greater good.

Over the years, the MBA has influenced court reform, advocated for the establishment of a client services fund, thwarted the unauthorized practice of law and consistently fought to preserve an indepen-

Inside This Issue President’s VIEW

Images of the MBA: Highlights of a hundred-year history

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Centennial Features

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Massachusetts Bar Foundation Annual Meeting

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Delegates complete full agenda at November meeting in Springfield

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Bar news

Member Spotlight

Calendar of Events

DIRECTOR OF MEDIA AND COMMUNICATIONS: Tricia M. Oliver CHIEF OPERATING OFFICER/ CHIEF LEGAL COUNSEL: Martin W. Healy, Esq. LEGAL EDITOR: Martin W. Healy, Esq. PRESIDENT: Denise Squillante, Esq. PRESIDENT-ELECT: Richard P. Campbell, Esq. VICE PRESIDENT: Douglas K. Sheff, Esq. VICE PRESIDENT: Jeffrey N. Catalano, Esq. TREASURER: Robert L. Holloway Jr., Esq. SECRETARY: Marsha V. Kazarosian, Esq. © 2011 Massachusetts Bar Association Materials may not be reproduced without permission.

Lawyers Journal (ISSN 1524-1823) is published 12 times a year, by the Massachusetts Bar Association, 20 West St, Boston, MA 02111-1204.

Periodicals postage paid at Boston, MA 02205.

Postmaster: send address changes to Lawyers Journal, 20 West St., Boston, MA 02111-1204.

Subscription rate for members is $20, which is included in the dues. U.S. subscription rate to non-members is $30. Single copies are $3.

Telephone numbers: Editorial (617) 338-0676; General MBA (617) 338-0500.

E-mail address: lawjournal@massbar.org.

Readers are invited to express their opinions as letters to the editor and op-ed commentaries.

All submissions are subject to editing for length and content. Submit letters and commentaries to: Editor, Lawyers Journal, at the address given above or via e-mail to lawjournal@massbar.org, or fax to (617) 542-7947.

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Timothy M. Warren, Chairman Timothy M. Warren Jr., CEO and Publisher David B. Lovins, President and COO Vincent Michael Valvo, Group Publisher and Editor-in-Chief Custom Publications Editor: Christina P. O’Neill Associate Editor: Cassidy Norton Murphy Creative Services Creative Director: John Bottini Senior Graphic Designer: Scott Ellison Graphic Designer: Nate Silva

MBA CLE At-A-Glance

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A personal recollection of Frank Grinnell

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Volunteers needed for Mock Trial Program

Ireland sworn in as chief justice

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MBA seeks nominations for 2011–12 officers, delegates

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For 45 years, Secretary Frank W. Grinnell guided MBA: Longestserving officer also started Law Review

Senior Design Manager: N. Elyse Lindahl

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Girl Scouts career awareness event

News from the Courts

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Centennial Conference and Ball, May 18–19: Event will feature educational programs, Access to Justice Luncheon

Contributing writers: Jennifer Rosinski, Kelsey Sadoff

A publication of the Massachusetts Bar Association

Tiered Community Mentoring Program observes SJC hearings

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National recognition for local achievements: MBA’s social causes earn ABA recognition

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MBA Historical Timeline

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MBA presidents reflect changing bar leadership A century of MBA presidents

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Editor: Bill Archambeault

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Welcome to a special issue celebrating the MBA’s centennial anniversary

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Experts & Resources

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A poignant beginning to MBA’s second century

For three-quarters of its 100 years, the MBA had no place to call home

Volume 18 / No. 5 / January 2011

Graphic Designer: Christina Briggs

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Graphic Designer: Ellie Aliabadi

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Publishing Group Sales & Marketing

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Publications Group Sales Manager: George Chateauneuf Newspapers Advertising Account Manager: Mark J. Schultz Advertising, Marketing & Events Coordinator: Emily Torres Events ww

For advertising opportunities call (617) 896-5344 or e-mail advertising@thewarrengroup.com

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Telephone numbers: Advertising (617) 896-5344 Editorial (617) 896-5353 Events (617) 338-5314

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Massachusetts Law yers Journal | January 2011

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Welcome to a special issue celebrating the MBA’s centennial The Massachusetts Bar Association is celebrating its 100th anniversary this year, recognizing its ongoing efforts to improve the practice of law, protect the independence of the judiciary and honor the achievements of its members.

This issue presents some of the MBA’s history over the past 100 years, from the early leaders who helped establish the MBA,

to its efforts to acquire a headquarters after seven decades without a home, to a timeline highlighting many of the MBA’s historical events.

Please join the MBA when its celebration culminates with the Centennial Conference and Centennial Ball on May 18 and 19 (see article below). ■

National recognition for local achievements MBA’s social causes earn ABA recognition

by T r i c i a M . Oliv e r

MBA is incorporated; adopts motto Fiat Justitia (“let justice be done”); accepts attorneys from all ethnic, religious and social backgrounds.

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1911

As a statewide bar, the MBA begins the tradition of convening outside Boston at its third annual meeting.

MBA Committee on Legal Education reports a rule making it necessary for lawyer applicants to have a general education or equivalent.

1912

A special committee presents a code of legal ethics to the MBA Executive Committee.

— MBA past president Samuel P. Sears

MBA’s Grievance Committee adopts a policy of bringing disbarment cases directly to SJC.

Top: Massachusetts Gov. Christian A. Hertner (left) issues the initial Heritage Month proclaimation in the presence of MBA President Robert W. Bodfish.

Bottom: As part of the Heritage program, the MBA arranged for the first public display of the Massachusetts Constitution since its ratification in 1780. represented a national model for how to protect the rights of these patients.

Many attributed such reform to MBA President Paul Tamburello’s (1966–68) tour of Bridgewater State Hospital, which helped bring to light the inhumane conditions for mentally ill patients.

The work of Tamburello and the leadership of the MBA on this issue earned the association another ABA Award of Merit.

Tamburello’s efforts to reform Bridgewater State Hospital exemplified a shift in the MBA’s focus from more conventional professional issues to problems of broader social concern. Tamburello’s efforts caught the attention of then Gov. John A. Volpe, who referred the matter to then Attorney General Elliot Richardson to investigate.

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Centennial Conference and Ball, May 18–19 Event will feature educational programs, Access to Justice Luncheon kick off on Wednesday, May 18, at the Sheraton Boston with the MBA’s House of Delegates meeting, followed by the Access to Justice Awards Luncheon and a day of continuing legal education programming. Educational programming will continue for most of the second day of the conference, which will culminate with the Centennial Ball, a night of dinner and dancing.

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MBA votes to lobby for the abolition of all SJC jury trials and for the transfer of any SJC original jurisdiction to the Superior Court, making the SJC an appellate-only court.

1913

MBA establishes a precedent by welcoming its first female member, Mary A. Mahan of West Roxbury.

MBA adopts its first code of Professional Ethics to guide future generations of lawyers.

MBA publishes its first issue of Massachusetts Law Quarterly, the first and oldest state bar journal in the country.

SJC rules that all lawyer applicants are required to take a preliminary examination; it annulled high school equivalency requirements in a vote on Chapter 249 of the Acts of 1915.

Frank W. Grinnell becomes MBA secretary and holds the post until 1960.

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tennial Ball and more Continuing Legal Education programs.

“It’s an opportunity for everybody to come together and celebrate the rich history of the MBA,” MBA President Denise Squillante said. “The conference offers practitioners an opportunity to network and sharpen their skills while at the same time honor our past 100 years.”

The Centennial Conference will

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The Massachusetts Bar Association will commemorate its 100th anniversary with two days of celebration at the Centennial Conference this spring. A House of Delegates meeting, the Access to Justice Luncheon and Continuing Legal Education programs will be held May 18, while May 19 will feature the Cen-

First MBA organizational meeting is held at Hotel Somerset.

MBA African-American member helps break the ABA’s color line.

“I thought high school students should know this … that the fight for our kind of system did not come easy.”

by J e n n i f e r Ros i n s k i

1909

MBA creates a standing Committee on Judicial Appointments.

Important precursor to Law Day Among the ABA recognition received in the 1950s was an Award of Merit for the MBA’s 1954 Massachusetts Heritage Program. The program was an outgrowth of the Good Citizenship Program, first established in 1952 by then president Samuel P. Sears. The Good Citizenship Program placed a prominent lawyer in every high school in the commonwealth to impress upon the students the importance of the judicial system.

Unveiling inhumane treatment of mentally ill Among the other programs honored by the ABA was the MBA’s vital role in reforming the state’s laws pertaining to the mentally ill. Enacted in 1970, the new code in Massachusetts

Competency of the practicing bar is scrutinized. Board of Bar Examiners adopts a rule for practicing lawyers to have a high school education.

SJC adopts a rule that lawyers without high school diplomas are required to take an equivalency exam prior to the bar exam. See 1915.

As the Massachusetts Bar Association neared its 50th anniversary of existence, a portion of the association’s focus was beginning to concentrate on public service. The MBA was gaining traction across the state and growing its membership and prominence.

The MBA was also getting recognized at a national level, specifically with accolades from the American Bar Association, including its Award of Merit. In addition, more modern times brought forth ABA recognition in the form of the prestigious Harrison Tweed Award, bestowed upon the MBA in 2007.

Sears first established the program following his sense of a broadening cynicism in the state and across the nation, combined with his perception of an impending Communist threat.

Sears said, “I thought high school students should know this — they’re the ones who’ll run things within a few years. And I thought they should also know — hear from the lips of lawyers, men who are in our courts daily — that the fight for our kind of system did not come easy.”

Although Sears’ version of this influential program ended when his term came to a close in 1952, its impact was carried on by president Robert W. Bodfish in 1954. Under Bodfish, the program re-emerged as the Massachusetts Heritage Program. This version was accompanied by much publicity; so much so, that Massachusetts Gov. Christian A. Hertner proclaimed December 1954 as “Massachusetts Heritage Month.”

Due to its sweeping success, the ABA bestowed the MBA with its Award of Merit and used its model to create ABA’s Law Day, still celebrated across the nation on May 1 annually.

History

1915

Massachusetts Law yers Journal | January 2011

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History 1916

1919

1920

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MBA fights to increase the educational standards for bar admission.

SJC decides that admission to the bar is a function of the judiciary and not the Legislature.

Courts are criticized for not being able to cope with the burden of caseloads. Gov. Calvin Coolidge creates a Judicature Commission to study and recommend legislative solutions for the court system. The commission, which includes three MBA presidents, recommends the formation of the Massachusetts Judicial Council, credited as the catalyst for the creation of similar councils throughout the U.S. MBA helps launch the legal aid movement.

Of the 129 law schools in the nation, 27 are exclusively for men. 1,171 women are enrolled in the nation’s law schools. Massachusetts has only 47 women lawyers compared to 4,850 men in the legal profession.

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1927

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1931

An MBA sub-committee, Cooperation of Bar Associations, is appointed to study the feasibility of federated activities “under the aegis of this association.”

MBA begins a decades-long mission of participating in activities relating to the intricacies of the administration of justice.

Massachusetts Judicial Council is created by statute and charged with the “Continuous Study of the Organization, Procedure and Practice of the Courts.”

Reginald Heber Smith successfully requests that the MBA appoint a legal aid committee addressing the bar’s duty to law as a profession and not a business.

MBA begins to discuss and define the boundaries of a relatively new phrase in the legal lexicon, “the unauthorized practice of law,” and the related growth of administrative practice. See 1943.

Frank Grinnell suggests in the Quarterly two plans for strengthening cooperation between the state’s many bar associations.

Plan I: Unification. Plan II: A loosely coordinated federation through which local bar members automatically would become MBA members.

Longest-serving officer also started Law Review

Frank W. Grinnell arguably shaped the fledgling Massachusetts Bar Association more than any other person. Presidents came and went, but over the course of 45 years, Grinnell — who served continuously as MBA secretary from 1915 to 1960 — was a constant presence, a relentless champion and the organization’s conscience.

He launched what became the Massachusetts Law Review and sat for 40 years on the new Judicial Council of Massachusetts to study court reform. He was an advocate for raising educational standards to become a lawyer, changing responsibility for investigating lawyers from the MBA to the courts, and increasing local and regional bar association participation in the MBA. He was awarded the MBA’s Gold Medal on June 11, 1960.

In addition to the MBA and the Judicial Council, he served as secretary for: the National Conference of Judicial Councils, the Harvard Law School Association and the Massachusetts Historical Society. He was also active on a number of committees of the American Bar Association, and remained involved in arguing for the improvement of the profession up until his death on March 13, 1964, at the age of 91.

The late Supreme Judicial Court Associate Justice Paul C. Reardon summed up Grinnell’s influence in John A. Dolan’s 1993 history of Hale and Dorr, Hale and Dorr “I liken Backgrounds & Styles:

Frank W. Grinnell, 1873—1964

plications. He spent the rest of his unprecedented tenure weighing in on and educating lawyers, judges and legislators about the pressing issues of the day.

Even before Grinnell became a fixture at the MBA, David A. Ellis, the chairman of the MBA’s Committee on Legislation, worried about Grinnell’s burdens: “I do not think the Association has the right to ask that an individual should continue such large personal sacrifices.”

William B. Hornblower had stated at the MBA’s organizational meeting in 1909 that “The main thing about a state bar organization is to get a good secretary,” according him to the to Fiat Justitia. At the time, monks of the Dark with no paid staff, the secretary was responsible for Ages who preserved the association’s day-today responsibilities. and expanded But Grinnell did not need stored knowledge, to be cajoled into making learning and civi- “such large personal sacrifices.” And he was just getlized values.” ting started on what be— Jerry Cohen, Burns & Levinson LLP came his life’s work.

Were one to be asked to name the individual who in this century has made the most massive contributions to judicial administration and the dispensation of justice in Massachusetts there could be but one response — Frank W. Grinnell. For over 50 years he played a major role in every development, major and minor, which affected the Massachusetts court system.

A bar leader for the ages Frank Washburn Grinnell was born in Charlestown on Dec. 14, 1873, received his bachelor of laws degree from Harvard Law School in 1898 and became partners with Richard W. Hale, another early MBA supporter, in 1900. They formed Hale & Grinnell, which quickly evolved into Hale & Dorr, and eventually, Wilmer, Cutler, Pickering, Hale and Dorr LLP, or WilmerHale.

He maintained an office at Hale & Dorr for years, even though he devoted his time and energy to debating and influencing bench, bar and political issues of the day, rather than actually practicing law himself.

As recounted in Fiat Justitia: A History of the Massachusetts Bar Association, 1910–1985, by Robert J. Brink, Grinnell was a paying member the MBA’s first year. He garnered attention in 1914 when, as secretary of the Committee on Legislation, he sent a legislative report to members of the bar that prompted an increase in membership ap-

A personal recollection of Frank Grinnell In his 1993 book, Hale and Dorr Backgrounds & Styles, John A. Dolan wrote about joining the firm in 1948 and meeting Frank W. Grinnell. Grinnell maintained an office at Hale and Dorr despite devoting his time to the Massachusetts Bar Association, the Judicial Council of Massachusetts and other organizations.

by Bill A rc h a m b e au lt

“His first love” Hale once called Grinnell a “self-subsidized foundation for legal research,” according to Dolan, because of his devotion educating members of the bar and advocating for change. And, Dolan observed in his book, “The Massachusetts Bar Association was his first love.”

As its Secretary, Frank was far more than the right-hand man of each President of the Association, far more than the one who carefully and reliably kept the records of the Association. Frank prepared and sent out the notices; he coordinated committee assignments and commitments. He attended the meetings of the Association where he listened carefully and spoke whenever he thought he should — all Annual meetings, all regional meetings, almost all committee meetings. He traveled throughout the commonwealth and the country on Massachusetts Bar Association matters on his own time and at his own expense. He kept up with what was happening in other state, county and city bar associations.

Frank had great dreams for what the Association might do. When he was

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For 45 years, Secretary Frank W. Grinnell guided MBA

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He was then 75 years of age, an alert, vigorous, distinguished gentleman with a shaggy handlebar mustache, bushy eyebrows and rumpled gray hair. He wore an old, dark felt hat, all bent out of shape.

Before going out in colder weather, he wrapped a large, long colorful scarf around his neck. His was a fast and crisp walk. He always seemed very busy. For an outdoor hobby, he enjoyed serious mountain climbing.

He often seemed so absorbed in a particular project of the moment that nothing else was of any importance to him. Frank often was deeply caught up in thought, his mind straining and speeding from one distant point to another, even more remote one.

He was not a neat sort of man nor was his office: books, files, folders, letters, periodicals, newspapers, notepads, clothes, pipes, tobacco and boxes of cherished cigars were piled high and every which way on his desk, table and chairs, and even on the floor to the four corners of his private world. His desk and table drawers were always stuffed full.

There was a clear understanding that no item in Frank’s office was ever to be moved or removed by any person. Most of the time, Frank was able to somehow locate in only a few minutes whatever it was he needed. His filing system worked well for him. As for his head, there he was surprising; no clutter there.

He read more, wrote more, and he just plain thought more than most are able to.

I remember Frank in his later years as articulate, knowledgeable, erudite and always friendly, always willing to take the time for lawyers and to talk with whomever dropped into his office. He was gentle and caring and always charming. Frank was strongly self-confident and definite in style. But he never patronized. Nor was he ever a braggart. He did not speak of all that he knew, of all that he had done.

Massachusetts Law yers Journal | January 2011

For three-quarters of its 100 years, the MBA had no place to call home

History

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Sybil H. Holmes is elected as the first woman member of MBA’s Executive Committee.

1932

Opinion of Justices declares that the judicial department has “inherent” exclusive power to determine the qualifications of applicants for bar admission.

MBA adopts new bylaws that provide plan for automatic affiliation of local associations under the aegis of the MBA. New affiliation procedures allow presidents or designees to become delegates to the MBA’s executive committee.

SJC makes effective a rule requiring every law school applicant to have a high school education or equivalent. Rules requiring college and law school requirements ensue.

1934

Barnstable County, Berkshire, City of Boston, Bristol County, Brockton, Essex, Fall River, Franklin County, Hampden County, Hampshire County, Middlesex County, Norfolk County and Worcester County bar associations as well as the Law Society of Massachusetts become affiliates of the MBA. ABA restructures and allows state bar associations, including the MBA, to participate through a “House of Delegates.”

U.S. President Roosevelt’s “court packing” plan, in response to U.S. Supreme Court’s invalidating National Industrial Act and Agriculture Adjustment Act, creates a need for the first MBA mail poll. MBA is against FDR’s plan to increase the number of court justices to ensure a new progressive majority.

MBA releases an unpopular “circular” ballot to membership containing a request to express an opinion on bar integration.

MBA Committee of Recommendations submits its first report, tantamount to the MBA’s first long-term planning document; it includes suggestions for social activities and educational components to bridge the gap between theory and practice.

MBA moves offices to 5 Park St., Boston, after 30 years of scattered operations. Move provides organizational stability as a strong administrative arm is needed to provide educational and expanded MBA activities.

MBA hires its first executive secretary, Frank L. Wiegand Jr.; Board of Editors is selected for Quarterly to assist Grinnell in representing the entire MBA via the publication.

With less than 600 members, President Mayo A. Shattuck begins an MBA “rebirth.” He suggests a membership drive with “local squads” to personally contact potential new members.

Membership increases by the 6 hundreds.

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vestigating dozens of properties over a Artist’s rendering of 20 West St., two-year process.

“There was a recognition that we had the MBA’s home When local lawyers met on Dec. 22, an obligation to our members and the since 1984.

1909, to discuss forming a statewide bar public that our members were as wellassociation for the first time, they gathprepared as they could be,” Greco said. ered at the Hotel Somerset in Boston.

“We knew that if we had expanded space, When the Massachusetts Bar Associawe could expand our educational efforts. tion incorporated in 1911, it did so withThe priority of making sure that lawyers out a headquarters. And more than seven are trained and can serve the public betdecades later, it was still renting out ofter through continuing legal education fice space and moving every few years. was extremely important.”

All that changed — or started to “It was exciting,” Greco said of the change — in 1981, when MBA President search for property in Boston. “I rememRichard D. Gelinas called an Executive ber trudging to those 50 or 60 buildings.

Committee meeting to consider buying a It’s like buying a house,” finding some building, as the association had outgrown that were attractive, but too expensive the confines of its rented offices. In addiand others that were more affordable, but tion to needing space for organizational much less desirable. 20 West St., which meetings, the MBA also needed room for was mired in litigation at the time, was its growing continuing legal education considered, then fell through as a possiprogram. There was also the desire for bility before becoming the focus again. the statewide bar association to have a Its proximity to the Supreme Judicial permanent home.

Court and the Statehouse, as well as its William E. Bernstein, chairman of size and ornate detail, made it an appealMBA’s Development Fund Drive for the ing candidate. There were several considbuilding, said his responsibility for raiserable drawbacks, however. It was located ing the money was to “give the MBA a at the edge of the Combat Zone, Boston’s permanent home and a presence that red light district, and the building needed would be of value to the members and considerable repair and renovation. the organization going forward.” His “We looked at a number of buildings, “challenging” task was made easier by and 20 West St. was the most dilapidated and rundown of the buildings,” “… if you could look past said Hammer, who had been MBA president in the big hole in the roof 1978–79 and was presiand the rain-sopped walls dent of the Massachusetts Bar Foundation in 1983; and plaster moldings, it he would play a critical obviously had been role in the building’s acquisition. “On the other a magnificent building.” hand, it was — if you — MBA PAST PRESIDENT Roy A. Hammer could look past the big hole in the roof and the the ability to purchase the building after rain-sopped walls and seven years, at a discount. Hammer said plaster moldings, it obvihe had seen other bar associations set up ously had been a magnifisimilar deals to save considerable money. cent building.”

And by leasing out the top floors of the The project’s architects five-story, 28,000-square-foot building to assured the association other legal groups, the MBA even earned and foundation that the a profit as it settled and grew into its new plaster moldings and other home. elegant architectural deWhen the renovations had been made Former MBA office locations, clockwise from top left, Park Street, Pemberton Square, tails could be restored. and the MBA moved into the building, it There was some debate State Street and One Center Plaza. was with a sense of pride and joy. about locating the state bar “It was an exciting day for the organiassociation in Boston, to the exclusion of the membership’s receptiveness, and the zation,” Bernstein said. “We were quite rest of the state, and particularly about choosMBA raised around $800,000, or proud of the building and what it meant ing a site that didn’t have any available park$300,000 more than the “ambitious” goal for the organization.” ing. But those leading the search and fundthat had been set by MBA Past President Greco remembers the ribbon cutting raising efforts felt a central Boston site was Roy A. Hammer and MBA President ceremony as a rewarding moment. important.

Daniel O. Mahoney, who chaired the “It was a joyous day. We were all very “I felt that we should be in Boston, that Building Committee before he became happy,” he said.

■ we should be near the Statehouse, near president, according to Fiat Justitia: A the courthouse for the History of the Massachusetts Bar AssoSJC, and so on,” Hammer ciation, 1910–1985. said. “But there was dis“The organization didn’t have a prescussion about finding a ence anywhere,” Bernstein said. “What place that didn’t require we did have and rented in different places so much investment, so didn’t lend itself to the stature of the much fixing up, that Massachusetts Bar Association.” would have free parking Those leading the search and fundraisand so on.” ing efforts preferred a central Boston loHammer said he came cation, but couldn’t afford expensive up with the idea for havproperties. A building at 37–41 Temple ing a limited partnership Place, which is next door to the New acquire the property, with England Board of Higher Education and the Massachusetts Bar the next street over from 20 West St., was Foundation, acting as a an early contender. “special limited partner” Michael S. Greco, who would later because of its nonprofit serve as both MBA and American Bar tax status, joining a group Participants in the 1984 formal ribbon cutting ceremony of its new building at 20 Association president, was tasked with of investors. The MBA West St. (left to right): MBA Past Presidents Michael S. Greco, Roy A. Hammer, Rayheading the Building Committee and inleased the property, with mond J. Kenney Jr., William E. Bernstein, Richard G. Hoffman and Daniel Hovey.

by Bill A rc h a m b e au lt

5

1936

1937

1940

1941

Massachusetts Law yers Journal | January 2011

6

History 1942

IMAGES OF THE MBA

(cont.)

Highlights of a hundred-year history

MBA and BBA request that the Board of Bar Examiners draft rules raising the standards of both a general and legal education.

Continuing Legal Education is born in Massachusetts. The first two-day annual conference at the New Ocean House in Swampscott includes the Massachusetts Law Institute, which remains for decades the state’s most important forum for refresher courses. WWII veterans are in particular need of such courses.

1943

1945

1947

1948 1950

MBA begins a 30-year stint of policing the perimeters of the profession in response to “the unauthorized practice of law” and related growth of administrative practice.

This turn-of-the-century law office shows a portrait of one of the MBA’s original members, William Gaston.

MBA moves to 53 State St., Boston.

MBA petitions SJC about the unification movement; SJC finds it is not advisable for it to rule on, or establish by court order, an integrated bar.

During his 1914–15 term as MBA president, former Attorney General Herbert Parker (illustrated left) was a staunch supporter of improved educational standards.

He stood up to political boss Martin M. Lomasney, and, as one newspaper reported, declared that the honor of the Massachusetts bar was of “extreme importance and that the entire matter should be left in the hands of the bar examiners.”

1910s

MBA establishes a “Junior Bar.”

The MBAfrom set athe precedent 1913 when it welcomed its first Article BostoninEvening Transcript , December, female member, Mary A. Mahan.

1913.

1930s

MBA basic organizational framework emerges as administrative work transfers from volunteers to full-time staff.

MBA has 2,600 members, just over one-half of the estimated members of the state bar.

1951

MBA merges with The Law Society, giving the MBA a greater percentage of the bar at large.

MBA votes to exclude members of the Communist Party from membership in both the MBA and the bar itself.

1952

1953

1954

MBA President Samuel P. Sears institutes a year-long Good Citizenship Program to impress upon youth their heritage and the importance of the judicial system and democracy.

This detail of a cartoon in the Boston Herald from March 19, 1941, shows Mayo A. Shattuck addressing leaders of the Boston bar on the merits of integration. Several days later, the SJC refused to act upon the MBA’s petition to integrate the bar by court rule. Yet, Shattuck did not give up on the idea when, upon election as MBA president in May, he set his sights on rebuilding the declining association. Invoking the imagery of the war, in 1944 he launched a much stronger effort at integration, declaring,” A hundred times in a hundred ways the great opportunity to move ahead for the good of the bar and of the commonwealth is lost, for lack of members, for lack of funds, for lack of that solidarity which could turn the tide of battle when danger threatens.”

1940s

As depicted in this 1934 cartoon published in the Boston Herald and reprinted in the Quarterly, throughout this century the courts have been charged with lagging behind the times and lax management.

Here, the wheels of justice are likened to a horse and buggy, while “Modernized Crime” speeds past in a single-engine prop plane. For years, improved management in the Massachsuetts courts was the MBA’s primary area of interest.

MBA moves to No. 15 Pemberton Square in Barrister’s Hall, Boston.

#

MBA institutes the Massachusetts Heritage Program, embracing the proposition that an understanding of the structure and purpose of government promotes a healthy respect for and appreciation of the law and democracy. Program receives ABA’s “Award of Merit” and Gov. Christian Herter officially proclaims December “Massachusetts Heritage Month.” MBA then steps up public outreach and hires its first public relations director, Albert West.

7

1950s The MBA was represented at this 1959 parade in observance of the centennial of the Superior Court, by its immmediate past president, Joseph Schneider (front, right). Chief Justice Paul C. Reardon (second row, left) leads the associate judges of the Superior Court through the streets.

The deplorable conditions found at Bridgewater State Hospital by MBA President Paul A. Tamborello received national attention in this 1967 Boston Sunday Globe exposé. Tamburello’s finding that hundreds of patient-inmates had been detained unlawfully for months, and in many cases years, began an effort that led to the 1974 passage of the Massachusetts Health Code. His vision began a shift of focus for the MBA, from a narrow interest in the internal problems of the legal profession, to a wider concern with the law’s effects on society as a whole. This led to the MBA receiving the ABA’s Award of merit (see story on page 3).

1960s

Massachusetts Law yers Journal | January 2011

7

History

ABA, impressed by the impact of Massachusetts Heritage Month, announces creation of Law Day, the first national, public observance of its kind.

1980s 1970s President Philip L. Sisk (sitting) signs the MBA petition submitted to the SJC to unify the bar in 1970. Standing, from left to right, are Past Presidents Berge C. Tashjian, Samuel R. Hoffman and Richard K. Donahue.

Participating in many public education activities, MBA presidents, including Thomas J. Wynn (1981–82), appeared on television to discuss the Lawyer Referral Service, Fee Arbitration Board, Client Security Fund and other pro bono programs developed during Carl Modecki’s tenure as MBA executive director. Modecki, the “Association man,” had overseen a complete metamorphosis in the style, structure and perspective of the organization, growing membership from 4,750 in 1970 to 11,800 in 1983.

MBA Did you know?

1990s In 1998, the MBA compiled a series of articles from Lawyers Journal showcasing the run-down condition of numerous court facilities in a book called, Massachusetts’ Courthouses of Shame. The MBA subsequently held a Statehouse lobby day for the passage of a $730 million Court Bond Bill, which was ultimately enacted by the Legislature.

A woman, Colette Manoil, was the challenger in the first contested presidential election in MBA history.

Though she lost the 1974 election to Raymond J. Kenney Jr., the Nominating Committee’s choice, Manoil’s efforts showed the increased willingness of the Massachusetts legal community to admit women into the upper tiers of leadership. She had gained experience and influence as a member of the Board of Delegates, a vice president of the MBA and a chair of the Committee on Prepaid Legal Services.

MBA creates a salaried position for business manager of the Quarterly and executive director, filled by Albert West.

MBA publishes its first newsletter as a monthly forum for informing members on current issues and as an opportunity to praise members involved in bar activities.

In September 2010, for the first time in its history, the MBA was led by two consecutive female presidents when Valerie A. Yarashus M A s spassed A c h the u sgavel e t ttos Denise B A rSquillante.

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In the fall of 2007, the MBA began to develop legal assistance programming for veterans and families of veterans. The MBA provided specific training to volunteer attorneys on veterans-related issues, including how to appeal benefit decisions before the Veterans Administration. The program grew in 2008 and In early 2010, the MBA began offering online education and presentations. MBA On Demand provides practitioners 2009 to include the Veteran Benefits Appeal Pro Bono Program, the option of watching MBA conferences, seminars or roundtables — either in real-time or pre-recorded — from the Veterans Dial-A-Lawyer Program and the Veterans Visiting Lawyer Program. comfort of their home or office.

This program is being offered as a public service of the Massachusetts Bar Association with the financial support of the Massachusetts Bar Foundation. The MBA acknowledges its partnership with the Massachusetts Department of Veterans’ Services and thanks them for their important role in the success of this program.

MBA

1959

1960

MBA hires Charles H. Dunn as its first legislative agent to report on Statehouse activities.

Edward F. Hennessey becomes editor-in-chief of the Quarterly to include more regional, substantive articles.

MBA proposes a formalized process in an attempt to ensure some influence on judicial appointments by the organized bar.

Joint Bar Committee is created with three MBA members, two BBA members and one member of each county bar to advise the governor on judicial appointments.

1961

Richard Milstein is hired to implement CLE programs for the MBA; for the first time, Massachusetts has continuing legal education available to every member of the bar.

1962

1963

MBA Joint Committee of Press and Bar creates “Guide for the Bar and News Media,” which becomes a model for similar efforts in other states.

MBA Young Lawyers Section is created to succeed the Junior Bar for members under 36 years of age.

MBA becomes the first lawyers’ organization in state to establish a client security fund, providing compensation to clients for losses of money or property caused by dishonest acts by members of the bar.

#

Material from Fiat Justitia: A History of the Massachusetts Bar Association, 1910–1985 by Robert J. Brink, was used for this photo spread.

1958

MBA Committee on Juvenile Delinquency is established; MBA broadens its social responsibility focus.

Chairman of MBA Committee on CLE, Laurence Lougee, gets Board of Delegates approval and $10,000 for a statewide education program.

The MBA today

In 2007, the MBA launched its Lawyers Eco-Challenge with the goal to have lawyers and law firms reduce their ecological impacts. In its second year, the Eco-Challenge began offering cell phone recycling in conjunction with Verizon Wireless’ HopeLine program. The program has collected more than 5.3 million phones, kept more than 200 tons of electronic waste and batteries out of landfills and donated more than $5.6 million in cash grants to organizations that run domestic violence awareness and prevention programming. Pictured is MBA Past President David W. White Jr., left, presenting one of the first Eco-Challenge Awards.

(cont.)

8

1964

Massachusetts Law yers Journal | January 2011

8

History

(cont.)

1964 MBA bestows its highest

honor, the Gold Medal Award, to Samuel P. Sears for his work as “father” of the Massachusetts Heritage program.

MBA Committee on Future Plans and Development presents the idea to consider an integrated bar. MBA is a voluntary association, but unification would create an effort to become the official voice of all Massachusetts lawyers.

1965

MBA moves to 20 Pemberton Square, Boston.

Massachusetts Bar Foundation, the philanthropic partner of the MBA, is founded.

1967

MBA moves to One Center Plaza, Boston.

President Paul Tamburello and the MBA receive national attention for efforts to help reform laws for the mentally ill in Massachusetts.

1969

1970

1972

1973

1974

Massachusetts Continuing Legal Education (MCLE) is organized from a MBA and BBA collaboration to bring an end to conflicting and competitive programs.

MBA dissatisfaction with the judicial system increases, as does its awareness of the need for sweeping reforms in courts.

James W. Dolan is hired as the MBA’s first full-time legislative counsel.

MBA by-laws are amended to change to a one-term presidency with a “president-elect” position included.

Unification debate comes to a peaceful resolution.

Partial bar unification is put into effect with the creation of the Board of Bar Overseers (responsible for statewide disciplinary enforcement and attorney registration); BBO is to be appointed by the court, but the recommendations of MBA and BBA will be taken into account.

MBA membership grows to 9,100 out of the state’s 14,000 lawyers.

MBA receives the ABA’s “Award of Merit” for its membership numbers and public interest activities.

Gov. Michael Dukakis creates the Judicial Nominating Commission. MBA works on a constitutional amendment to ensure the JNC’s use by future governors.

MBA focuses on public outreach and direct action programs with the Fee Arbitration Board and the Lawyer Referral Service.

#

11

MBA presidents reflect changing bar leadership The 78 presidents of the Massachusetts Bar Association, over the last 100 years, have come to reflect the diversity that was part of the association’s original mission — to represent all lawyers of the commonwealth.

Leadership has hailed from many of the commonwealth’s cities, including Fall River, New Bedford, Brockton, Lowell, Springfield, Worcester and Boston, among others. Likewise, Bay State towns have been well represented — Pittsfield, Clinton, Greenfield, Lancaster, Northampton and Walpole, to name a few. In concert with being geographically diverse, the presidency has represented a wide variation of practice expertise.

In addition, milestones have been set over the years with the association’s top position. Wayne A. Budd served as the MBA’s first African-American president, as well as its youngest at age 38. In 1986, Alice Richmond served as the first woman

photo by jeff thiebauth

Many past presidents joined the current officers at the MBA Past Presidents’ dinner on Nov. 15 in Boston. president, and in 2006, Mark Mason became the MBA’s first openly gay president.

And, earlier this association year, members witnessed the first passing of the gavel from one woman to another, from Valerie A. Yarashus to Denise Squillante.

Collectively, the past presidents of the MBA represent the diversity and strength

of the Massachusetts bar. Each has worked hard to advance the mission of the organization and the progress of those who served before him or her. Of the 78 past presidents of the organization, nearly 40 are still able to provide collective wisdom to each of the presidents as he or she begins his or her term. ■

A century of MBA presidents 1909–10 Richard Olney, Boston 1910–11 Alfred Hemenway, Boston 1911–12 Charles W. Clifford, New Bedford 1912–13 John C. Hammond, Northampton 1913–14 Moorfield Storey, Boston 1914–15 Herbert Parker, Lancaster 1915–16 Henry N. Sheldon, Boston 1916–17 Charles E. Hibbard, Pittsfield 1917–18 Arthur Lord, Plymouth 1918–19 John W. Cummings, Fall River 1919–20 Frederick P. Fish, Brookline 1920–21 Edward W. Hutchins, Boston 1921–22 Addison L. Green, Holyoke 1922–23 Thomas Hovey Gage, Worcester 1923–24 Thomas W. Proctor, Newton 1924–25 George L. Mayberry, Waltham 1925–26 Franklin G. Fessenden,Greenfield 1926–27 Ernest H. Vaughan, Worcester 1927–28 George R. Nutter, Boston 1928–31 Frederick W. Mansfield, Boston 1931–32 Frederick N. Wier, Lowell 1932–36 Nathan P. Avery, Holyoke 1936–39 Henry R. Mayo, Lynn 1939–41 Joseph Wiggin, Boston 1941–44 Mayo A. Shattuck, Hingham 1944–47 Edward O. Proctor, Newton

1947–48 Louis S. Cox, Lawrence 1948–50 Richard Wait, Harvard 1950–53 Samuel P. Sears, Newton 1953–55 Robert W. Bodfish, Longmeadow 1955–57 Joseph Schneider, Boston 1957–59 Raymond F. Barrett, Quincy 1959– 60 Gerald P. Walsh, New Bedford 1960–62 Harold Horvitz, Boston 1962–63 Laurence H. Lougee, Worcester 1963–64 Livingston Hall, Cambridge 1964–66 Walter H. McLaughlin, Boston 1966–68 Paul A. Tamburello, Pittsfield 1968–70 Philip L. Sisk, Lynn 1970–72 Richard K. Donahue, Lowell 1972–73 Berge C. Tashjian, Worcester 1973–74 Frederick G. Fisher Jr., Boston 1974–75 Charles J. Kickham Jr., Brookline 1975–76 Charles Y. Wadsworth, Boston 1976–77 Paul R. Sugarman, Boston 1977–78 Raymond J. Kenney Jr., Boston 1978–79 Roy A. Hammer, Boston 1979–80 Wayne A. Budd, Boston 1980–81 Richard D. Gelinas, Springfield 1981–82 Thomas J. Wynn, Taunton 1982–83 Daniel O. Mahoney, Boston 1983–84 William E. Bernstein, Worcester 1984–85 Richard G. Hoffman, Walpole

1985–86 Michael S. Greco, Boston 1986–87 Alice E. Richmond, Boston 1987–88 John M. Callahan, Northampton 1988–89 Thomas F. Maffei, Melrose 1989–90 Charles B. Swartwood III, Worcester 1990–91 Leo V. Boyle, Boston 1991–92 Daniel C. Crane, Cambridge 1992–93 Elaine M. Epstein, Brockton 1993–94 Michael E. Mone, Boston 1994–95 Kay H. Hodge, Boston 1995–96 James S. Dilday, Boston 1996–97 Kenneth J. Vacovec, Newton 1997–98 Marylin A. Beck, Dedham 1998–99 Camille F. Sarrouf, Boston 1999–2000 Jeffrey L. McCormick, Springfield 2000–01 Edward P. Ryan Jr., Fitchburg 2001–02 Carol A. G. DiMento, Swampscott 2002–03 Joseph P.J. Vrabel, Framingham 2003–04 Richard C. Van Nostrand, Worcester 2004–05 Kathleen M. O’Donnell, Lowell 2005–06 Warren F. Fitzgerald, Boston 2006–07 Mark D Mason, Springfield 2007–08 David W. White Jr., Boston 2008–09 Edward W. McIntyre, Clinton 2009–10 Valerie A. Yarashus, Boston 2010–11 Denise Squillante, Fall River

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Massachusetts Law yers Journal | January 2011

11

News from the Courts U.S. Appeals Court seeks comments on attorney discipline rule change The U.S. Court of Appeals for the First Circuit has proposed an amendment to Rule VII of the Rules of Attorney Disciplinary Enforcement for the Court of Appeals for the First Circuit.

The rule is being modified so that reinstatement is not automatic after a suspension period has run, but rather, a petition for reinstatement is required.

The proposed amendment can be found under the “What’s New” section at www.ca1.uscourts.gov/. Deletions are indicated in strike-out print and additions are indicated in italic print.

The Court of Appeals invites public comments on the proposed amendment, which should be submitted by Jan. 14 to: Office of the Clerk U.S. Court of Appeals for the First Circuit United States Courthouse 1 Courthouse Way, Suite 2500 Boston, MA 02210

For more information, visit www.ca1. uscourts.gov/files/rules/Proposed_AD_ VII.pdf. task force to review judicial hiring, promotion practices The Supreme Judicial Court has appointed members of a task force established to undertake a comprehensive review of the hiring and promotion procedures in the judicial branch. The task force was created in the wake of the findings of corruption and systemic abuse in

the hiring and promotion practices of the Probation Department, which were documented recently in independent counsel Paul Ware’s report.

The SJC justices had previously announced, in a Nov. 18 statement that accompanied the public release of Ware’s report, that they had appointed former Attorney General Scott Harshbarger, senior counsel in the law firm of Proskauer Rose LLP, to lead the task force.

To enhance public confidence in the integrity of the court system, the task force is charged with reviewing the hiring and promotion policies, practices and procedures of the Probation Department and other court departments within the judicial branch.

In addition to Harshbarger, the initial members of the task force are as follows (additional members may be named at a later time): • Stephen P. Crosby, the founding and current dean of the John W. McCormack Graduate School of Policy and Global Studies at UMass/Boston.

• Kathleen M. Donovan, managing director of Manpower Business Solutions. She also directs Manpower’s Global RPO Center of Excellence to promote innovation and sharing of best practices in recruitment process outsourcing.

• Ruth Ellen Fitch, president of the Dimock Community Health Center and a current member of the Court Management Advisory Board.

• Michael B. Keating, a partner and

History chair of the Litigation Department at Foley Hoag LLP. He also served as chair of the Court Management Advisory Board from 2004–10.

• William J. Leahy, former chief counsel for the Committee for Public Counsel Services.

• Hon. James F. McHugh, associate justice of the Massachusetts Appeals Court since 2001 and a former Superior Court justice.

• Susan M. Prosnitz, executive director of the Rappaport Center for Law and Public Service at Suffolk University Law School.

• Harry Spence, a lecturer at the Harvard Kennedy School and a former commissioner of the Massachusetts Department of Social Services. He is also a current member of the Court Management Advisory Board.

• Steven H. Wright, executive partner for the Boston office of Holland and Knight LLP.

Judges Conference elects Hon. James Collins president Juvenile Court Judge James Collins has been elected the new president of the Massachusetts Judges Conference, which represents more than 80 percent of the commonwealth’s 410 trial court and appellate judges. Collins has served as a Western Massachusetts circuit judge since 2001 and will be the first Western Massachusetts Juvenile Court judge to serve as president of the MJC. His twoyear term begins this month. ■

Ireland sworn in as chief justice

(cont.)

MBA, as amicus curiae, supports Gov. Dukakis as amicus curiae in the SJC inquiry about JNC constitutionality.

MBA has its first contested presidential election (see MBA Did you know?, page 7).

1975

1976

MBA comes to an agreement with MCLE and offers its own CLE programs.

MBA restructures into semiautonomous sections according to particular areas of substantive law.

1977

1979

At age 38, Wayne A. Budd becomes the youngest MBA president in association history and the first AfricanAmerican president in any state bar association nationwide.

SJC outlaws capital punishment in Massachusetts.

Gov. Dukakis re-establishes the Judicial Nominating Commission.

1980

1982

1984

MBA moves to 20 West St., Boston (its current location).

By t r i c i a M . o liv e r The Hon. Roderick L. Ireland was sworn in as the first African-American chief justice of the Massachusetts Supreme Judicial Court on Monday, Dec. 20. Gov. Deval Patrick administered Ireland’s Oath of Office, during which Ireland’s 93-year-old mother held the Bible for her son.

Featured speakers included Ireland’s longtime friend and Massachusetts Bar Association Past President Wayne A. Budd, who served as the master of ceremonies; the Rev. Doctor Evan C. Hines Jr.; former SJC Chief Justice Margaret H. Marshall (ret.); Lt. Gov. Timothy P. Murray; and Patrick.

“Wise, fair, humble and confident are the characteristics of the man and the justice.”

— former SJC Chief Justice Margaret H. Marshall (ret.)

Budd described Ireland as someone highly capable of bearing the “heavy mantle” of chief justice. “Right out of the box, Justice Ireland was the universal favorite of the bar and the bench” to succeed Marshall as chief, he said. “This was no surprise to those of us who’ve known him.”

Marshall followed Budd’s introduction, saying “The donning of a black robe may change a man … not so for Roderick Ireland. Wise, fair, humble and confident are the characteristics of the man and the justice.”

Following brief remarks from Lt. Gov. Murray, Patrick personalized the event by addressing Ireland’s family — telling them their love and support had a hand in Ireland’s professional success. He called out Ireland’s “sharp intellect and sound judgment” and made a mention of his “formidable work ethic.” Patrick described Ireland as “unfailingly kind and approachable,” and said that those attributes will be helpful with the challenges that lie ahead.

“This is the right man at the right time,” said Patrick.

Following the oath, Ireland spoke of what lies ahead for him

Roy Hammer receives MBA’s Gold Medal Award.

Interest on Lawyers’ Trust Accounts (IOLTA) is approved in Massachusetts.

Photo by Tricia M. Oliver

Hon. Roderick Ireland was sworn in as the first African-American chief justice of the Massachusetts Supreme Judicial Court. as the state’s top judge, making three points regarding the challenges that await him as chief justice: “These are really tough times for the court system … I don’t have a magic wand to fix what’s broken … and we need to have realistic expectations for the court system and for me.”

He called for the courts to offer more transparency, especially for those not familiar with the judicial system. He also vowed to “work more with bar associations to advocate for the court system.” He pledged to do his best to work on what is the “right thing for citizens of the commonwealth.”

Ireland is the 35th chief justice to lead the SJC, the oldest court in continuous service in the western hemisphere, operating under the oldest, still functioning, written constitution in the world. Ireland’s ascension to SJC chief justice follows his 33 years of service on the bench. Gov. Michael Dukakis first appointed Ireland to the Boston Juvenile Court in 1977 and then to the Appeals Court in 1990. It was Gov. William Weld who appointed Ireland to the SJC in 1997. ■

1985

Massachusetts Law Review is identified by a national study as the periodical cited the greatest number of times by courts in the U.S. First MBA female executive director, Kay H. Paine, is appointed.

1986

MBA moves forward with special Alternative Dispute Resolution Committee.

Alice E. Richmond serves as first female MBA president.

1989

MBA issues Statement on Lawyer Professionalism.

MBA adopts position against death penalty following study by its Individual Rights & Responsibilities Section.

#

12

1990

Massachusetts Law yers Journal | January 2011

12

History 1991

1992

1993

1994

(cont.)

In the wake of a lawsuit filed by the MBA and other organizations, the Sales Tax on Legal Services (enacted in 1990) is repealed.

Massachusetts Court Reform Act mandates judicial evaluations of each judge either every 12–18 months or 18–36 months.

Statute also mandates “judicial evaluation standards” and “disciplinary procedures for judges who do not complete programs implemented or judges who fail to achieve judicial evaluation standards.”

MBA President Michael Mone appoints the MBA Commission on Criminal Justice Attorney Compensation. The commission, led by Past President John Callahan, released its report, “Striking a Balance: Adequate Compensation — Effective Representation,” in 1994. The commission found salaries for criminal justice attorneys in Masachusetts to be inadequate and inequitable.

As part of Massachusetts’ “truth in sentencing” act, the Legislature creates the Massachusetts Sentencing Commission to formulate and recommend sentencing guidelines for the Legislature’s consideration.

MBA begins monthly publication of Lawyers Journal.

1998

Under the leadership of Camile F. Sarrouf, MBA Board of Delegates adopts new bylaws establishing an Executive Management Board and House of Delegates; also adds section council chairs as members of HOD.

MBA compiles a series of Lawyers Journal articles showcasing the run-down condition of numerous court facilities in a book, “Massachusetts’ Courthouses of Shame.” MBA holds a Statehouse lobby day for the passage of a $730 million Court Bond Bill, which is ultimately enacted by Legislature.

1999

2001

Bar News

Delegates complete full agenda at November meeting in Springfield

by T r i c i a M . Oliv e r The Nov. 18 meeting of the MBA House of Delegates featured a full agenda and a keynote presentation from Probate and Family Court Chief Justice Paula M. Carey. Among its business, the delegation decided to oppose mandatory fee arbitration, approve a resolution relative to peremptory challenges and support Limited Assistance Representation in select courts.

Carey speaks to state of the Probate and Family Court MBA President Denise Squillante invited Carey to provide a status report of the Probate and Family Court. In light of the Trial Court budget cuts and harsh economic times, Carey’s report provided a grim reality of court operations.

“It is like something I’ve never seen before,” remarked Carey, who explained that “denial of justice is simply not an answer,” despite lack of resources. Carey spoke to the effect that this is having on court personnel, many who feel like they’re “shoveling sand on a tidal wave,” she explained.

Carey cited the strained existing resources and lessons learned from staff training associated with already implemented portions of the Uniform Probate Code as reasons that the Probate and Family Court is filing legislation to delay the implementation of the remaining portions of the UPC, which were slated to go into effect on July 1, 2011. Carey has asked the Legislature to consider delaying implementation for six months until Jan. 1, 2012.

As part of her address, Carey also hinted that delegates should “expect that we’ll have alimony reform this year.”

Attorney involvement in jury selection President-elect Richard P. Campbell and others convinced delegates to support a resolution of the MBA Peremptory Task Force that supports preserving the exercise of peremptory of challenges.

Campbell referred to these challenges as the “last vestige of attorney involvement in voir dire.”

MBA membership agreed with Campbell, who reported to the delegates that those who responded to a survey on the topic overwhelmingly supported the continued use of the practice.

Other groups, including the Massachu-

#

15

Delegates support LAR Access to Justice Section Council Chair Jayne B. Tyrrell was on hand to point out the positives of limited assistance representation. Joining Tyrrell were Access to Justice Section Council member Lee Gartenberg; Judge Dina Fein, the special advisor for Access to Justice Initiatives; and Springfield attorney Karen Duffy.

“LAR is an absolute key component to the Trial Court’s Access to Justice Initiatives,” said Fein.

Duffy, whose practice is 50 to 60 percent composed of LAR work, spoke to the benefits of “unbundling” services given the current times. Duffy and others argued that LAR was always going to be better than pro se litigants.

After debate and discussion, delegates unanimously supported the concept of LAR in the court departments that have already issued standing orders. These include all probate and family courts and housing courts across the commonwealth.

• As part of her president’s report, Squillante encouraged delegates to join her in sponsoring law students to cover their MBA dues. She also encouraged delegates to sign on as sustaining members of the MBA (sustaining members contribute funds beyond their required dues to help support MBA programs and services). In addition, she announced that President-elect Richard P. Campbell and Treasurer Robert L. Holloway have been selected to lead a strategic planning effort for the MBA.

• Delegates responded positively to Vice President Douglas K. Sheff’s push for the delegation to oppose the establishment of a system of mandatory fee arbitration.

PHOTO BY Tricia M. oliver

Dorothy Varon receives the Centennial Award from MBA President-elect Richard P. Campbell.

PHOTO BY Tricia oliver

Probate and Family Court Chief Justice Paula M. Carey Judiciary and Ways and Means committees.

• Delegates voted to fill the at-large delegate position vacated by Antoinette Leoney with Martin Kane.

Celebratory reception features centennial honorees Following the HOD meeting, delegates and MBA members from Western Massachusetts were invited to attend a holiday reception. The reception featured the presentation of two Centennial Awards, to Dorothy Varon of Mass Mutual and bankruptcy attorney Eugene B. Berman, who accepted their awards from Campbell and Holloway.

Varon was honored for her work helping to start the Hampden County Housing Court Lawyer for a Day program and for spearheading the creation of a pro bono program in the MassMutual law

Other business Highlights of the meeting’s other business included:

• Holloway announced a surplus in the MBA budget.

MBA issues the “Pro Se User of the Court Survey.”

In response to 9/11 tragedy, the MBA establishes a Victims’ Relief Fund; hosts a Dial-A-Lawyer event for victims’ families and friends; develops a pro bono initiative to assist victims’ families with legal matters and works with U.S. Sen. Edward Kennedy’s office to coordinate and participate in an event to help families with legal, financial, health and other needs.

setts Association of Criminal Defense Lawyers, Massachusetts Defense Lawyers Association, Massachusetts Chapter of American Board of Trial Advocates, Massachusetts Fellows of the American College of Trial Lawyers and New England members of the Defense Research Institute, when polled, responded in similar fashion.

Superior Court Judge Peter Agnes serves on the task force and joined Campbell for the presentation to the delegates.

“Our recommendation is to preserve this important tool for the bar and for the public,” said Agnes.

• Chief Operating Officer and Chief Legal Counsel Martin W. Healy spoke to the changes brought forth by the November election. Healy reported that 36 incumbent members of the House and eight members of the Senate will not be returning to the state Legislature. Healy told the delegation that key changes are possible with the onset of the new session in January, particularly with the

PHOTO BY Tricia oliver

Eugene B. Berman, left, receives the Centennial Award from MBA Treasurer Robert L. Holloway. department that is now being expanded.

She has sat on numerous nonprofit boards, including All Out Adventures, and currently serves as an advisor on the board of the Angkor Dance Troupe.

Berman was celebrated for his work on the issue of predatory mortgage lending and the foreclosure crisis. He suggested and became the chair of the Hampden County Bar Association’s Foreclosure Task Force. He also organized and chaired the Alliance of Providers of Legal Services to Individuals Facing Foreclosure. Berman was the organizer of Springfield’s Mattoon Street Historic Preservation Association and served as its president for many years. ■

Massachusetts Law yers Journal | January 2011

13

Massachusetts Law yers Journal | January 2011

14

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Massachusetts Law yers Journal | January 2011

Bar News

Member Spotlight Mass NAELA honors Rep. Fernandes, elects 2011 officers

Photos by Mary Dennis of Mary Dennis Photography

History

(cont.)

After the SJC accepted direct appellate review in Goodridge v.

Dept. of Public Health, the MBA files an amicus brief arguing that excluding same-sex couples from marriage violates equal protection under the Massachusetts Constitution.

The MBA works tirelessly to obtain adequate funding for Massachusetts courts, which were crippled with a near $60 million deficit in FY 2002 and FY 2003.

On March 18, it holds a lobby day for court and CPCS-assigned private counsel funding.

2002

2003

MBA issues the “Court Study Task Force Report” to HOD. MBA supports efforts for increased pay for bar advocates.

2004

MBA HOD debates and rejects the proposition that the country cannot be both safe and free, passing the resolution contesting the U.S.A. Patriot Act and related federal executive orders, endorsing the protection of civil rights and liberties.

MBA issues a “Judicial Evaluation Task Force Report” to HOD. Gov. Mitt Romney proposes legislation to reinstate death penalty for the most “heinous” crimes. MBA maintains its position against the death penalty and cites the catastrophic effect its implementation would have on the court system.

2005

2006

Young Lawyers Section is elevated to a Young Lawyers Division.

MBA issues “Report of Attorney Financial Responsibility Disclosure Task Force” and “Debt Collection/Small Claims Task Force Report.”

MBA and BBA are honored with the ABA’s Harrison Tweed Award for long-standing commitment to funding and provision of quality legal services to the poor in Massachusetts, in both criminal and civil matters.

MBA forms a Drug Policy Task Force.

MBA launches its Lawyers Eco-Challenge with the goal of lawyers and law firms reducing their ecological impacts.

MBA and BBA create a Joint Alimony Task Force, focused on stimulating the judicial, academic and legislative discussion in order to foster consistent and predictable alimony awards.

#

Roy A. Hammer, a past president of both the Massachusetts Bar Association and the Massachusetts Bar Foundation, will receive the 2011 Robert F. Drinan Award for Distinguished Service from the American Bar Rep. John Fernandes, right, receives his Legislator of the Year award from 2010 MassAssociation’s Section NAELA President Francis Small. of Individual Rights and Responsibilities in February.

Hammer, Of Counsel to the Boston law firm Hemenway & Barnes LLP, will receive the award at a reception in his honor on Feb. 11, 2011, at the ABA Midyear Meeting in Atlanta.

The award, named in honor of the late Father Robert F. Drinan, SJ, recognizes individuals whose sustained and The 2010–11 MassNAELA officers, from left to right: Philip D. Murphy, president-elect; extraordinary commitSteven F. Mann, treasurer; Holly K. Harris, vice president; Francis Small, 2010 president ment to the section has and Edwin Boyer, national NAELA president-elect. Not pictured are Tracey Ingle, presiadvanced its mission of dent and Paula Almgren, secretary. providing leadership to the legal profession in protecting and advancing human rights, civil liberties and social justice.

For nearly 20 years, Hammer has served in the IRR leadership in many capacities — as its Board of Governors liaison, finance officer, chair of its Development Committee, and council member. Hammer was instrumental creating the IRR FJE Maria Baler, named MassNAELA’s Member of the Year, receives her award from 2010 Support Fund, and the MassNAELA President Francis Small. approval by the ABA of a second section delCorp. (MLAC), was recently elected to egate to the ABA House of Delegates. the American Law Institute (ALI), an in“I can think of no other person more dependent organization that produces deserving of the Father Drinan Award,” scholarly work to clarify, modernize and said Section Chair C. Elisia Frazier. “Roy improve the law. embodies the Powers is one of 64 newly elected spirit of the Famembers, raising ALI’s total memberther Drinan ship to 4,302.

Award and his I am honored efforts have to have been helped the secelected to ALI tion maintain a and excited leadership role about the opin protecting portunity to and advancing work with leadcivil rights, huing legal scholman rights and Roy A. Hammer ars, judges and social justice.” practitioners to Outside the ABA, Hammer is deeply influence the involved in pro bono activities. He has development of Lonnie Powers served as president of the Civil Liberties the law,” he Union of Massachusetts, director of the said.

New England Bar Association, council Powers has served as executive director member to the Boston Bar Association, of MLAC since it was established in 1983 special counsel to the City of Cambridge by the Legislature to ensure that low-inand is actively involved in many charitacome people with critical, non-criminal ble organizations in the Boston area. legal problems would have access to legal information, advice and representation. It Lonnie Powers elected is the largest funding source for civil leto American Law gal aid programs in Massachusetts.

Institute Powers has more than 40 years of policy and legal experience at the state and Lonnie Powers, executive director of the Massachusetts Legal Assistance 16

#

At its annual meeting on Nov. 30, the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA) honored several individuals for their advocacy of elder services and their commitment to raising awareness of legal issues affecting seniors.

Massachusetts state Rep. John V. Fernandes was presented the Legislator of the Year award for his efforts to champion the concerns of elders at the Statehouse.

As a legislator, Fernandes, who represents the 10th Worcester District (Milford, Hopedale and Mendon), has made protecting seniors one of his top priorities and continually supports legislation that will allow seniors to stay in their homes, reduce the cost of prescription drugs and improve access to healthcare.

He serves on the House and Joint Committees on Elder Affairs, which consider all matters concerning the elderly, handicapped elders, nursing facilities, prescription drugs, reverse mortgages, senior pharmacy and other related matters.

Fernandes is an attorney with a practice based in Milford.

Also, Maria Baler was named Member of the Year from among the chapter’s 485 members for her commitment of time and energy to chapter membership initiatives. And 2009 chapter president, Suzanne R. Sayward presented 2010 President Francis X. Small with an award for his contributions and service to the chapter over the past year.

The MassNAELA annual meeting also included the election of chapter officers for 2011.

The 2011 officers are: President Tracey A.L. Ingle, President-elect Philip D. Murphy, Vice President Holly K. Harris, Secretary Paula Kahn Almgren and Treasurer Ste- Tracey A.L. Ingle ven F. Mann.

Ingle, of Ingle Law in Southborough, was voted Member of the Year in 2008.

She received her bachelor’s degree from M.I.T. and her juris doctorate from Suffolk University Law School.

“I look forward to proceeding with the long-range goals of my predecessors to educate and train our members on how to position their clients for the best possible future,” Ingle said. “… Education is the greatest benefit we can give our members and their clients. It helps them to improve their practice and ultimately be more successful in the profession.”

The National Academy of Elder Law Attorneys is dedicated to developing awareness of issues concerning the elderly. Nearly 500 attorneys are members of the Massachusetts chapter. They work directly with the elderly population on a wide range of issues.

MBA, MBF Past President Roy A. Hammer to receive ABA’s Drinan Award

15

16

2007

Massachusetts Law yers Journal | January 2011

16

History 2007

2008

2009

2010

(cont.)

Bar News

MBA holds its first Legal Technology Expo, highlighting the latest advancements to aid in law practice management.

Legislature enacts the MBAsponsored Uniform Probate Code after more than 20 years of discussion and debate.

MBA issues the Drug Policy Task Force’s “The Failure of the War on Drugs Report.”

MBA issues the “Crisis in Court Funding Task Force Report,” showcasing the devastating impact of the economic downturn.

MBA seeks nominations for 2011–12 officers and delegates Submit nominations by Friday, Feb. 25 The Massachusetts Bar Association is currently accepting nominations for officer and delegate positions for the 2011–12 membership year. Nominees must submit a letter of intent and a current resume to MBA Secretary Marsha V. Kazarosian by 5 p.m. on Friday, Feb. 25, 2011, to be eligible.

To submit a nomination, mail or hand deliver the information to: Massachusetts Bar Association Attn: MBA Secretary Marsha V. Kazarosian 20 West St., Boston, MA 02111

or fax to (617) 542-7947.

For more information about the nomination process, call Marsha Kazarosian at (978) 372-7758.

Member spotlight continued from page 15

Following years of advocacy by the MBA and other groups, the Legislature passed a bill that reforms mandatory sentencing laws and Criminal Offender Record Information.

MBA Governance Committee, led by Past President Warren Fitzgerald, wins HOD approval to extensive bylaw changes that further clarify EMB and HOD roles and create a Chief Operating Officer position. Longtime General Counsel Martin W. Healy is selected to fill the newly created position to become the MBA’s first COO and Chief Legal Counsel.

Following a survey of the membership of MBA and other legal groups, the HOD votes to support the MBA Peremptory Challenges Task Force resolution to preserve the use of such challenges during jury selection.

national levels, having devoted more than 30 years to establishing, building, sustaining and revitalizing legal aid organizations. He serves on the Boston Bar Association Task Force on Access to Civil Justice, the Massachusetts Supreme Judicial Court Committee on Pro Bono and is active in the American, Massachusetts and Boston bar associations.

Douglas H. Wilkins appointed to Superior Court

Douglas H. Wilkins was appointed as associate justice of the Superior Court on Nov. 12 to fill the vacancy created by the retirement of the Hon. Margaret R. Hinkle.

“Doug Wilkins brings to the bench an extraordinary background in both public and private practice,” Gov. Deval Patrick said. “I am confident that he will be a fine addition to the Superior Court, and I thank him for his willingness to serve the commonwealth in this important role.”

Wilkins has practiced law for 32 years, including more than 14 years in the Attorney General’s OfDouglas H. Wilkins fice, where he served as first assistant attorney general, chief of the Government Bureau and chief of the Trial Division. Prior to his appointment, Wilkins was at Anderson & Kreiger LLP in Cambridge.

He has devoted much time to pro bono work, often representing indigent parties in environmental and land use matters.

He graduated magna cum laude from Harvard College and Harvard Law

Tiered Community Mentoring Program observes SJC hearings On Dec. 10, more than 30 Tiered Community Mentoring Program participants observed several Supreme Judicial Court hearings at the John Adams Courthouse. After the hearings, the participants had the honor of meeting and hearing from Associate Justice Margot Botsford of the SJC.

Photo by Joseph Caci

SJC Associate Justice Margot Botsford

Girl Scouts career awareness event

On Dec. 4, several MBA members participated in the breaking and entering mock trial of Gold E. Locks, as part of a career awareness event hosted by the Girl Scouts of Eastern Massachusetts at Northeastern University School of Law in Boston.

During the morning portion of the program, Attorney Sheryl R. Furnari, Newton, (pictured presenting her case to the jury) represented the state as as prosecutor. Attorney Beth R. Levenson, Mansfield, acted as defense counsel and attorney Brigid E. Mitchell, Fall River, acted as presiding judge.

The participating attorneys for the afternoon portion of the event were MBA Secretary Marsha V. Kazarosian, Haverhill, (as defense counsel), attorney Susan G. Anderson, Needham (as prosecutor) and attorney Brigid E. Mitchell, Fall River, as prePhoto by Amy Osborne siding judge. ■ Sheryl R. Furnari presenting her case.

Volunteer judges needed for Mock Trial Program The 2011 Mock Trial tournament, proudly sponsored again this year by the law firm of Brown Rudnick, begins Monday, Jan. 31. Help us fill open trial dates on our schedule. We expect to have more than 100 attorneys volunteer to participate in the program and we anticipate scheduling more than 200 trials.

Every year, the MBA offers participating members a judge’s orientation. The MBA Mock Trial Committee will review in depth the hypothetical case and all laws and rules pertaining to the matter. Below is a list of the orientation dates and venues.

Judges’ Orientations Tuesday, Jan. 11 5 – 6:30 p.m. MBA, 20 West St., Boston

Wednesday, Jan. 12 5 – 6:30 p.m. Morse Institute Library, 14 East Central St., Natick Thursday, Jan. 13 5 – 6:30 p.m. MBA, 73 State St., Springfield

To attend an orientation, contact Mock Trial Central at MockTrial@MassBar. org or (617) 338-0570. Please include in your message the date that is most convenient to your schedule.

Sign up for trials online at http://MockTrial.MassBar.org/Judge-sign-up, by e-mail at Mocktrial@MassBar.org or by calling (617) 338-0570.

Massachusetts Bar Foundation

Please join us

2011 Annual Meeting Tuesday, Jan. 25, 2011, 5:30–7:30 p.m.

Social Law Library • John Adams Courthouse • Boston

Massachusetts Law yers Journal | January 2011

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Massachusetts Law yers Journal | January 2011

19

Civil/Criminal L aw

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Basics of Developing an Estate Plan Tuesday, Jan. 25, 4–7 p.m.

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Sponsoring sections/division: General Practice, Solo & Small-Firm, Probate Law, Taxation, Young Lawyers Division

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Resolving Disputes Among Members of Closely-Held and Family Businesses Thursday, Jan. 27, 4–7 p.m.

MBA, 20 West St., Boston Faculty: Marc C. Laredo, Esq., program chair, Laredo and Smith LLP, Boston; Douglas Baumoel, Founder, Continuity Family Business Consulting, Beverly; Gregory J. Englund, Esq., The Law Offices of Gregory J. Englund, Boston, Peter M. Moldave, Esq., Gesmer Updegrove LLP, Boston; Lawrence S. Nannis, C.P.A., Levine, Katz, Nannis, Solomon PC, Needham; Bette J. Roth, Esq., Mediator/Arbitrator, Newton

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Barnes is active in the American Association for Justice, where she holds a leadership role in the Class Action Litigation Group, is an officer in the Women Trial Lawyers Caucus, co-chairs the Law Students Committee, is on the Board of Governors for the New Lawyers Division and serves on several other committees. She also recently helped re-launch the Women’s Caucus for the Massachusetts Academy of Trial Attorneys and maintains an active leadership role in that organization.

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Calendar of Events Mock Trial Judges’ Orientation 5–6:30 p.m.

MBA, 20 West St., Boston W e d n e s day, Ja n . 12 Juvenile & Child Welfare Section Council bench-bar meeting 4–6 p.m.

Massachusetts School of Law, 500 Federal St., Andover

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Michael R. Christy

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T u e s day, Ja n . 11

Faculty: Lauren Guth Barnes, Esq., program chair, Hagens, Berman, Sobol & Shapiro LLP, Cambridge; Ariel Cudkowicz, Esq., Seyfarth Shaw LLP, Boston; Philip Gordon, Esq., Gordon Law Group LLP, Boston; Anne E. Johnson, Esq., Ropes & Gray LLP, Boston; Shannon Liss-Riordan, Esq., Lichten & Liss-Riordan PC, Boston

F r i day, Ja n . 14

F r i day, Ja n . 2 8

W e d n e s day, F e b . 9

Mock Trial Judges’ Orientation 5–6:30 p.m.

Morse Institute Library 14 East Central St., Natick

Legal Chats at Noon: January is Job Search Month Noon–1 p.m. (NOTE: There is no on-site attendance available for Legal Chats} Real-time Webcast at www.MassBar.org/ OnDemand

Legal Chat: January is Job Search Month Noon–1 p.m. (NOTE: There is no on-site attendance available for Legal Chats) Real-time Webcast at www.MassBar.org/ OnDemand

Th u r s day, Ja n . 13

F r i day, Ja n . 21

W e d n e s day, F e b . 2

Individual Rights & Responsibilities Section open meeting What’s Bullying? Emerging Trends in Civil and Criminal Law as to the Anti-Bullying Law 4–6 p.m.

MBA, 20 West St., Boston

Mock Trial Judges’ Orientation 5–6:30 p.m.

MBA Western Mass. Office 73 State St., Springfield

Legal Chats at Noon: January is Job Search Month Noon–1 p.m. (NOTE: There is no on-site attendance available for Legal Chats) Real-time Webcast at www.MassBar.org/ OnDemand

MBA Monthly Dial-A-Lawyer Program 5:30–7:30 p.m.

Statewide dial-in #: (617) 338-0610

For more information, visit www.MassBar.org/Events/Calendar.

Massachusetts Law yers Journal | January 2011

20

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Massachusetts Law yers Journal | January 2011 Grinnell continued from page 4 not yet forty years old, he believed that there were many important areas crying for change in the legal profession and in the administration of justice in the Commonwealth.

Frank thought big. He clearly saw the great need for major increases in the number and quality of the membership of the Association.

Dolan describes how, in 1915, Grinnell asked Roscoe Pound — the Harvard Law School dean best known for his landmark speech “The Causes of Popular Dissatisfaction with the Administration of Justice” — for his “unvarnished criticism” of a position paper called “The Future Growth of the Association” before presenting a draft of it to MBA leadership. It included an elegant section calling on volunteers to make personal sacrifices in order to make the MBA an instrument for improving the practice of law and deliverance of justice: “The men who are willing to take up this work must be prepared to face the ridicule of some, the contempt of others, and the indifference of most, for the present at least. But it is only by such service, with the risks of all the possible mistakes involved, that the Association can become what it should be …”

Grinnell’s legacy In November 1915, Grinnell embarked upon another lasting legacy when he established the Massachusetts Law Quarterly — which evolved into the Massachusetts Law Review — the oldest state bar law journal in the country. It was, as Brink notes in Fiat Justitia, “an outgrowth of Grinnell’s annual legislative reports, and of a need to discuss state law.”

Harvard Law School Dean Roscoe Pound (left) and Frank Grinnell.

He pushed for the establishment of an MBA Publications Committee — of which he was a member, naturally — which included a message in volume one, issue one, “This is to be a state law magazine dealing primarily with matters of local interest and practice for Massachusetts lawyers.”

Grinnell included articles on a wide range of issues. Grinnell solicited members’ reactions to the items appearing in the Law Review as a way of gauging the membership’s positions. Grinnell, who served as editor until 1960, was also one of its primary contributors, writing 139 articles in its first eight years alone.

But in addition to the Quarterly’s original pieces, it also included republished articles and assorted reports of interest to lawyers. In 1961, Edward F. Hennessey, who would later become chief justice of the Supreme Judicial Court, was named editor of the Massachusetts Law Quarterly to usher in the next era, one that achieved greater member participation by including more original articles. At that time, Grinnell was named editor emeritus.

21 The Law Review eventually developed a significant place in the national dialogue. In 1985, it was identified by a national study as the periodical cited the greatest number of times by courts in the United States.

For all the changes it underwent after his tenure, Grinnell was an indispensable part of the history of the Law Review and the MBA, according to Jerry Cohen, a partner at Burns & Levinson LLP, who has been a contributor and editor for the Law Review since the 1970s and served as its editor-in-chief from 1990 to 1993.

“Frank Grinnell did it all over the span of four turbulent decades — Law Quarterly and secretary of the MBA and Judicial Council. I liken him to the monks of the Dark Ages who preserved and expanded stored knowledge, learning and civilized values,” he said.

Cohen noted that the Law Review had established itself as an important and respected vehicle for legal articles and commentary. Even after Grinnell died, his name carried significant weight.

“In the 1970s, long after Frank was gone, an MBA executive director proposed to convert the Mass. Law Review from a scholarly journal to a bar news vehicle,” Cohen said. “Present and past editors rose up in protest and our objections were effective to block the change.

Among other arguments against the change, I invoked the heritage of Frank Grinnell.” ■

Two books provided valuable historical information for this article: Fiat Justitia: A History of the Massachusetts Bar Association, 1910–1985, by Robert J. Brink, and Hale and Dorr Backgrounds & Styles, a 1993 history of Hale and Dorr by John A. Dolan.

Centennial COnference continued from page 3 “Whether it’s for the celebration or the education, it’s a really important event.

You can learn, celebrate and network all at the same time,” said MBA Secretary Marsha V. Kazarosian, who is chair of the MBA’s Education Committee. “It’s really going to be the highlight of the year.”

The MBA’s Access to Justice Awards Luncheon is an annual event that recognizes the public service contributions of Massachusetts attorneys and the pro bono efforts and achievements of MBA members. “It’s inspiring to see the work other lawyers are doing throughout the state,” Squillante said.

The educational component of the conference will include three tracks: one for young lawyers, another focused on litigation and the last on substantive law, according to MBA Vice President Douglas K. Sheff, who is also chair of the Centennial Conference and co-chair of the Centennial Ball. According to Sheff, the panels will be diverse and include all sides of every issue.

“We really will be providing something for everyone. The conference really has a wide net,” said Sheff, who emphasized that the conference will be especially critical because of judge involvement.

“We’re going to have an unprecedented amount of judge participation.”

Look for full descriptions and faculty of the educational programs, as well as information about the rest of the conference events — including costs — in future issues of Lawyers Journal, Lawyers e-Journal and in e-mail communication. ■

Visit www.MassBar.org/Centennial for a historical perspective of the MBA and regular updates about the anniversary programming.

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Massachusetts Law yers Journal | January 2011

22 National recognition for local achievements continued from page 3 Richardson enlisted MBA volunteers, including Tamburello, to represent more than 200 patients during the initial competency hearings. The investigation ultimately led to the 1970 passing of legislation to protect the rights and interests of the mentally ill in Massachusetts.

MBA expands membership, scope For the third time in seven years, the MBA received another ABA Award of Merit, in 1974. When President Frederick G. Fisher Jr. accepted the award, membership numbers had doubled since five years earlier and its programming was thriving. The ABA acknowledged the success of the MBA when compared to peer voluntary bar associations across the nation.

Many of the programs which Fisher cited for the MBA’s sustained success were the Lawyer Referral Service, the Committee on Judicial Complaints, the Committee of Public Education and the Committee on Administration of Justice and Trial Practice.

“The MBA has in the past and will in the future fashion its programs in the public interest,” wrote Fisher, “and the reward to lawyers will automatically follow.”

During Fisher’s term, more than 900 members were engaged in the association’s 35 committees and the asso-

After the ABA bestowed the MBA with its Award of Merit, it used its model to create the ABA’s Law Day, still celebrated across the nation on May 1 annually.

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ciation’s membership accounted for 65 percent of the Massachusetts bar.

National recognition for local achievements continued from page 22

longtime advocacy for legal aid funding More recently, in 2007, the MBA received the Harrison Tweed Award, an honor it shared with the Boston Bar Association. The MBA and BBA were recognized for their longstanding commitment to advocating for legal services funding.

Specifically, the prestigious honor applauded both organizations’ effort to expand the Massachusetts Equal Justice Coalition and secure funding for the Massachu® setts Legal Assistance Corporation.

The bars also encouraged the Committee for Public Counsel Services to establish and maintain quality con240 Mulberry Street Then President-elect Denise Squillante (left), then General Counsel and Acting trols of indigent defense services, and advocated for adagain ad.pdf 3/16/06 12:47:01 PM Newark, NJ 07101 Executive Director Martin W. Healy and Legislative Activities Manager Lee Conequate compensation for public defenders and assigned stantine at the January 2010 Walk to the Hill for Civil Legal Aid. Each winter, the (973) 642-1440, ext. 4 counsel.

MBA is a co-sponsor of this important event at which bar representatives appear Fax: (973) 642-3731 MLAC nominated the MBA and BBA for the national before the Legislature to advocate for legal services funding. honor. “We are deeply grateful that the fundamental Below is a proof of your display ad as it will appear in the upcoming issue American value of justice is kept alive in Massachusetts ® Below is atheproof of your display ad itPages will in issue ofthe The Legal . Thisdisplay adthe willupcoming under the following categories: Below is aasproof ofappear your adappear as it will appear in the upcoming issue through dedication of both Massachusetts and ® ® Boston bar associations,” said MLAC Executive Direcof The Legal Pages .

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