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Mass. Lawyer's Journal - December 2011

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Newspaper of the Massachusetts Bar Association

Text of Mass. Lawyer's Journal - December 2011

  • A collection of contributed articles on the law from Massachusetts legal experts and a support service provider, designed to help you help your clients. PAGES 16 - 21

    A SECOND CHANCE AFTER FORECLOSUREEpstein, Lipsey & Clifford PC

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    16

    FEDERAL EMPLOYMENT DISCRIMINATION LAWThe Law Office of Alan H. Crede PC

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    17

    AVOIDING THE AUTO EXCLUSION IN SOCIAL HOST CASES JUST GOT HARDERSugarman, Rogers, Barshak & Cohen PC

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    19

    SECONDARY TRAUMA AND BURNOUT IN LAWYERS AND WHAT TO DO ABOUT ITMaxine Sushelsky

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    19

    WHY YOU SHOULD CARE ABOUT TRANSITION PLANNING IN SPECIAL EDUCATIONPeter A. Hahn, Esq.

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    21

    YOURS, MINE AND NEVER OURS: THE TROUBLE WITH SOME PRENUPTIAL AGREEMENTSDeutsch, Williams, Brooks, DeRensis & Holland PC

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    21

    toolslegal

    BAR NEWS

    Chief Justice Phillip Rapoza receives Presidents Award #

    9

    VIEWPOINT

    Guest editorial by ABA President Robinson on court funding crisis #

    3

    UPC OVERVIEW, PART 2

    Timothy D. Sullivan explains the UPC changes #

    22

    WWW.MASSBAR.ORG

    SEE PAGE 2 FOR A COMPLETE LISTING OF THIS ISSUES CONTENTS.

    VOLUME 19 | NUMBER 4 | DECEMBER 2011

    PHOTO BY TRICIA OLIVER

    From left to right: Massachusetts Chapter of the American Academy of Matrimonial Lawyers President Marc J. Cooper, MBA President Richard P. Campbell, Probate and Family Court Chief Justice Paula M. Carey, MBA Family Law Conference Co-Chair Marc E. Fitzgerald and MBA Family Law Conference Co-Chair Michael I. Flores.

    Family Law Conference addresses alimony reform, court staffing

    PRESIDENTS VIEW

    RICHARD P. CAMPBELL

    It seems axiomatic that courthouses should be among the safest places in our communities. They are, after all, halls of justice where individuals and institutions are summonsed to appear before their peers to answer for their acts and omis-sions. The images that should come to mind follow:

    a building and room that bespeaks of the power and majesty of the law;

    a judicial officer who is scholarly, even-tempered and unbiased;

    committed and fearless jurors who hail from the involved community;

    Gov. Deval Patrick signed an equal rights bill on Nov. 23 that protects trans-gender people from housing, education, em-ployment and credit discrimination. It also provides additional civil rights and protec-tion from hate crimes.

    Also, before adjourning the formal por-tion of its session for the year, the Legisla-ture acted on issues of importance to the bar, including parole eligibility for repeat violent offenders. Although formal sessions have concluded, the Legislature will continue to meet informally before starting formal ses-sions again in January. All matters pending at the end of the calendar year will carry over into the new calendar year.

    NEW TRANSGENDER RIGHTS LAW

    Patrick signed H.3810, An Act Relative to Gender Identity, the day before Thanks-giving, making Massachusetts the 16th state to treat transgender individuals as a protect-ed class.

    No individual should face discrimina-tion because of who they are, he said in a press release. This legislation gives Mas-sachusetts the necessary tools to stop hate crimes against transgender people and to treat others fairly. I am proud to sign it.

    Approximately 33,000 transgender indi-viduals live in Massachusetts, according to the governors office.

    The new law will also increase the states ability to prosecute hate crimes against transgender people, a community that has historically experienced dispropor-tionate levels of harassment and violence, Patricks office said.

    The MBA House of Delegates voted to support the legislation in March 2007 and has advocated for its passage since then. This law is necessary because it makes those protections explicit, uniform and vis-ible to businesses, schools, landlords and the general public, said MBA President Richard P. Campbell.

    HABITUAL OFFENDER LEGISLATION

    The House and Senate both passed leg-islation eliminating parole eligibility

    Diminished courthouse security, the rule of law

    Legislature working on parole reform

    LEGISLATIVE UPDATE

    BY LEE CONSTANTINE

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    19

    Gov. Patrick signs equal rights bill fortransgender people

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    2

    A special December issue from Massachusetts Lawyers Journal

  • 2 MASSACHUSETTS LAWYERS JOURNAL | DECEMBER 2011

    INSIDE THIS ISSUE

    ON THE COVER PRESIDENTS VIEW:

    Diminished courthouse security, the rule of law

    FAMILY LAW CONFERENCE ADDRESSES ALIMONY REFORM, COURT STAFFING

    LEGISLATIVE UPDATELegislature working on parole reform; Gov. Patrick signs equal rights bill for transgender people

    NOMINATIONS SOUGHT FOR 2012-13 OFFICERS, DELEGATES2

    VIEWPOINTGUEST EDITORIAL BY ABA PRESIDENT ROBINSON ON COURT FUNDING CRISIS3

    LEGALNEWSNEWS FROM THE COURTS4

    SAVE THE DATE: WALK TO THE HILL JAN. 264

    GRANT WILL CREATE STATEWIDE PRO BONO RESOURCE4

    BAR NEWSCOWAN HELPS TIERED MENTORING PROGRAM KICK OFF THIRD YEAR7

    FAMILY LAW CONFERENCE DRAWS RECORD CROWDAlimony reform headlines annual event8

    APPEALS COURT CHIEF JUSTICE RAPOZA RECEIVES PRESIDENTS AWARD AT NEBA9

    HOOPES TO LEAD FAIR AND IMPARTIAL COURTS COMMITTEE9

    BROWN RUDNICKS $25,000 FUNDS MOCK TRIAL PROGRAM10

    MBA MEMBER APPRECIATION RECEPTION10

    CLE AT-A-GLANCE13

    CALENDAR OF EVENTS14

    MEMBER SPOTLIGHT15

    EXPERTS & RESOURCES#

    14, 15, 16, 17

    Volume 19 / No. 4 / December 2011

    EDITOR: Bill Archambeault

    CONTRIBUTING WRITERS: Jennifer Rosinski, Kelsey Sadoff

    SENIOR DESIGN MANAGER: N. Elyse Lindahl

    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: Richard P. Campbell, Esq.

    PRESIDENT-ELECT: Robert L. Holloway Jr., Esq.

    VICE PRESIDENT: Jeffrey N. Catalano, Esq.

    VICE PRESIDENT: Marsha V. Kazarosian, Esq.

    TREASURER: Douglas K. Sheff, Esq.

    SECRETARY: Robert W. Harnais, 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.

    A publication of the Massachusetts Bar Association

    TIMOTHY M. WARREN, Chairman

    TIMOTHY M. WARREN JR., CEO and Publisher

    DAVID B. LOVINS, President and COO

    VINCENT MICHAEL VALVO, Group Publisher & Editor-in-Chief

    CUSTOM PUBLICATIONS

    EDITOR: Christina P. ONeill

    ASSOCIATE EDITOR: Cassidy Norton Murphy

    CREATIVE SERVICES

    CREATIVE DIRECTOR: John Bottini

    SENIOR GRAPHIC DESIGNER: Scott Ellison

    GRAPHIC DESIGNER: Nate Silva

    GRAPHIC DESIGNER: Christina Briggs

    GRAPHIC DESIGNER: Ellie Aliabadi

    PUBLISHING GROUP SALES & MARKETING

    PUBLICATIONS GROUP SALES MANAGER: George Chateauneuf

    NEWSPAPERS

    ADVERTISING ACCOUNT MANAGER: Mark J. Schultz

    ADVERTISING, MARKETING & EVENTS COORDINATOR: Emily Torres

    EVENTS

    DIRECTOR OF EVENTS: Sarah Warren

    TELEPHONE NUMBERS:

    ADVERTISING (617) 896-5344

    EDITORIAL (617) 896-5353

    EVENTS (617) 338-5314

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    1 9 1 1 LAWYERS JOURNALM A S S A C H U S E T T S

    PRESIDENTS MESSAGEContinued from page 1

    victims who willingly come for-ward and make public their travails; and

    percipient witnesses comfortable in appearing on the stand.

    Like conflicts of interests, the ap-pearance of safe and secure courthouses has meaning too.

    The dirty secret among the mem-bers of the bench, knowledgeable court personnel, prosecutors, defense lawyers and other practitioners is that insecure and unsafe courthouses and courtrooms are a prominent byproduct of radically reduced budgets and multiple years of diminished staff caused by the combina-tion of attrition and hiring freezes.

    Is the concern real? Consider these events.

    In April 2011, Jaquan Bennett, a convicted felon on probation for posses-sion of an illegal firearm, and some of his friends attended the arraignment of their colleague, Girold Grand-Pierre, on an illegal firearm charge in the Roxbury District Court. Grand-Pierre had tossed two revolvers into a dumpster with the police in hot pursuit. Court officials ex-pressed concerns to the Boston Police Youth Violence Strike Force about the presence of Bennett and his colleagues at the arraignment. When Bennett left the courthouse, Boston Police found a 9 mm handgun in the pouch on the back of the right front passengers seat of his car. Suffolk County District Attorney Daniel F. Conley said it all: Whatever his intentions, absolutely nothing good can come of a loaded handgun in the hands of a felon outside one of New Englands busiest courthouses.

    Under comparable circumstances a few months ago

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