New Impoundment Rule for Trial Court Now in Effect

Probate and family law lawyers should be aware that a new impoundment rule for Trial Court went into effect on October 1, 2015. 

Details and a procedural handbook can be found at: http://www.mass.gov/courts/case-legal-res/rules-of-court/trial-court/tc-rule-8-impound/

As written, Rule 13(b) of the Trial Court Impoundment Rules would require that the filer of a document file a notice to the clerk that the document contains impounded information even if the information or document is impounded by statute, court rule, standing order or case law.  The Probate and Family Court has promulgated a Standing Order which provides that the filer of certain documents, listed in the Standing Order, is exempt from filing the Rule 15(b) notice.  Please review the Standing Order for the list of documents.

BBO Seeking Hearing Committee Members

The Board of Bar Overseers is encouraging interested attorneys and other members of the public across the Commonwealth to apply for appointment to a three-year term as a volunteer Hearing Committee member. Hearing Committees sit locally in panels of three as fact- finding tribunals in disciplinary proceedings brought against individual attorneys by the Office of Bar Counsel. The Committees hear testimony, take evidence, make adjudicatory rulings, and prepare a written report and recommendation for the Board of Bar Overseers. 

Committee members receive no monetary compensation and devote their time as a public service in the vital interest of preserving the integrity of the legal profession. There are about one hundred forty Committee members, and the Board is seeking to fill vacancies across the Commonwealth. 

The Board seeks to maintain a broad-based representation of attorneys and members of the public within the Committee ranks, and strongly encourages applications from women, minorities, small-firm practitioners and individuals in public service. Résumés of interested attorneys (with at least ten or more years of professional experience) and members of the public (excluding paralegals and those employed in a legal-related field) should be sent to Sandra Mahabir, by mail at: Board of Bar Overseers, 99 High Street, Boston, MA 02110, or e-mail at: s.mahabir@massbbo.org on or before October 31, 2015. Members of the public are also requested to complete an application form available on our website at http://www.mass.gov/obcbbo/volunt.htm. 

Spring Dinner 'Ducks, Avoids, and Evades'

The Lawrence Bar Association held its annual Spring Dinner at the North Andover Country Club on Tuesday. Despite the lingering snow, the members of the LBA gathered to honor one of its distinguished members and to hear from one of the legal community's strongest voices. LBA President Mark Machera and former President Jim Krasnoo each provided context for the evening and the introductions. 

The LBA honored Mary McCabe with its Leadership Award, given to someone who exemplifies the model characteristics of a lawyer both with their clients and in the community.  Upon accepting the award, Judge McCabe was quick to share the spotlight with so many who gave so much of themselves helping kids with special needs to attend camp. She also noted the importance and the uniqueness of the Lawrence Bar Association - and some of its members by name - as serving important roles in the community and in her own development.  

Hon. Nancy Gertner was the featured speaker for the evening, and provided thoughts on the importance of the judiciary in the lives of people appearing before it in a speech titled "Duck, Avoid, Evade: The Problem with Federal Courts". She noted that it should not be the goal of the judiciary - despite its regular insistence to the contrary - to focus on 'clearing cases off its plate' but rather to give the cases, and more importantly the people involved, which was exemplified in her poignant anecdotes about people to appear before her. 

For a full gallery of photos from the evening, click on the photo below. 

Court Service Center Coming Soon but Needs Input

The Court Service Center will officially be opening and thereby taking over a big chunk of the Lawrence Law Library in mid-April. The plan is to have all four Court Service Centers open by June this year. There will be a fairly large "General Space" area in the law library where attorneys can do brown bag lunches, CLE presentations, meetings and the like.

The next Court Service Center meeting is on Friday, March 27 at 1:00 p.m. at Lawrence Law Library if anyone wants to attend. At that meeting, we should also be introduced to the manger who will run the Lawrence CS Center. 

Changes to Pretrial Conference Report Form and Jury Waiver Recommendations

The Trial Court of Massachusetts, District Court Department recently announced promulgation of recommendations of the Supreme Judicial Court Working Group on jury waiver.  As of February 18, 2015, the Lawrence District Court will require use of new Pretrial Conference Report forms incorporating the changes. All existing Pretrial Conference Report forms should be discarded as of that date.

For additional information about the recommendations regarding jury waiver, see the memo from Hon. Paul C. Dawley, Chief Justice explaining the changes. The new Pretrial Conference Report form and Motion Pursuant to Rule 19(a) for Relief from Election of Jury or Jury-Waived Trial can also be downloaded from the District Court Forms page. 

LBA's Annual Meeting Launches New Era

Outgoing President, Paul Klehm, addresses the LBA members at the organization's annual meeting.

The Lawrence Bar Association celebrated its 110th anniversary at Tuesday's Annual Meeting by installing new officers, electing new members of the Executive Committee, approving a new member, and making the first major change to its charter.

Going forward, the organization will officially be reorganized as the Greater Lawrence Bar Association, as recognition of the fact that many of its lawyers now serve in the surrounding communities of Andover, North Andover, and Methuen. The organization also updated its bylaws to allow local law students to join the Association as non-voting members. 

Outgoing President Paul Klehm receives the presidential plaque from the LBA's new president, Mark Machera.

Outgoing President Paul Klehm reflected on the many accomplishments of the Association over the past year and some of the members of the Association who gave considerable time and effort to the group and the community. Those included successful events, law student scholarships, and a new website.

Newly-installed President, Mark Machera, noted that while just about everyone in Lawrence is a character, "those characters are so generous with their time, and very willing to help out a younger lawyer. [The LBA] provides opportunities to raise standards of practice and come together in an informal way ... and it benefits all of us." One of the goals of the Association this year will be community service. 

In addition to President Mark Machera, the LBA welcomed new officers for the year: President-Elect, Matt Ginsburg; Vice President Cynthia Grover Hastings; Treasurer Samer Obeid; and Secretary Hayne Barnwell.

The Executive Committee for 2015 includes immediate past-Presidents, Paul Klehm, James Krasnoo, and Deborah A. Anthony, as well as at-large members Socrates de la Cruz, Carol Cahill, John Fraser, Kavita Goyal, David Haynes, Janine Lepore, Michael Raabe, Jesse Redlener, Joanna Rodriguez, Joel Rosen, Daniel Ryan, Ellen Shimer-Brenes, and Salim Tabit. 

See more photos of the event in the photo gallery on the left. 

The LBA's Fall Dinner a Successful Celebration of Honorees

Almost 120 members of the Lawrence Bar Association gathered Thursday night at its annual Fall Dinner to reconnect and to celebrate outstanding service within both the legal and greater community. Throughout the evening, the LBA highlighted both those who have made valuable contributions over many years of service, and those who have the potential to do the same.

The featured speaker of the evening was Jeff Jacoby of The Boston Globe, who spoke about the current nature of politics both in the region and in the nation in this election year. No matter what side of the political spectrum you find yourself, Mr. Jacoby noted the changing politics in our country, and implored attendees to find those bridges that allow us to still be good to each other. 

The Lawrence Bar Association also presented several awards and honors to both distinguished lawyers and those who serve the greater community. 

Hon. Howard J. Whitehead

The LBA presented a Distinguished Service Award to the Honorable Howard J. Whitehead, Associate Justice of the Superior Court, who retired on October 5 after 21 years of service on the bench. His distinguished career as a judge was preceded by over 20 years as a prosecutor, both with the Attorney General's office, and in the office of the Middlesex District Attorney.  Honored in 1993 as Prosecutor of the Year by the group "Parents of Murdered Children," Judge Whitehead prosecuted a number of high-profile cases as Middlesex First Assistant District Attorney, including the nationally-televised trial of Jamie Fuller, who was convicted in 1992 of killing his girlfriend Amy Carnevale.  Appointed to the bench by Governor William Weld in 1993, Judge Whitehead has been known for his fairness, courtesy and compassion as a jurist.

The LBA's Sheila Casey awarded this year's Liberty Bell Award to Juan Bonilla, Deputy Director of Lawrence Community Works

The LBA also honored Juan Bonilla, Deputy Director of Lawrence Community Works, with its Liberty Bell Award for distinguished service to the community. Mr. Bonilla, accompanied by his family, spoke passionately about the importance of working with the people of Lawrence who suffered at the hands of exploitative mortgage lenders, and how helping them navigate those complex waters allowed many to not only keep their homes but to help improve the community.

Scholarship award winners Romanus C. Madabchi and Abigail Chmielecki with the head of the LBA Scholarship Committee, Samer Obeid. 

Also honored last night were the winners of scholarships awarded to two law students from the Merrimack Valley. The Lawrence Bar Association Education Trust Scholarship was presented to Abigail Chmielecki and the Sargent Battershill Scholarship was presented to Romanus C. Maduabchi. Congratulations to both winners!

LBA President Paul Klehm presents a 50-year distinguished service award to former president, Jim Krasnoo

But the biggest moment of the night went to former LBA president James Krasnoo, who was honored for 50 years of distinguished service to the LBA and the people of the Merrimack Valley. Paul Klehm brought down the house with a hilarious and touching tribute to his partner, mentor, and friend. And Jim was treated with a well-deserved standing ovation from all of the people in the room whom he had touched over the years. Click on the video link for highlights from the Paul's and Jim's speeches - it's three minutes well worth your time - and click on the dinner photo to see a gallery of images from the special evening. 

Gallery of images from Fall Dinner 2014

Judge Whitehead to be honored by the LBA

The LBA will recognize Associate Justice Howard J. Whitehead, who retired from the Superior Court on October 5 after 21 years on the bench, with its Distinguished Service Award.  

Judge Whitehead's distinguished career as a judge was preceded by over 20 years as a prosecutor, both with the Attorney General's office, and in the office of the Middlesex District Attorney.  Honored in 1993 as Prosecutor of the Year by the group "Parents of Murdered Children," Judge Whitehead prosecuted a number of high-profile cases as Middlesex First Assistant District Attorney, including the nationally-televised trial of Jamie Fuller, who was convicted in 1992 of killing his girlfriend Amy Carnevale.  Appointed to the bench by Governor William Weld in 1993, Judge Whitehead has been known for his fairness, courtesy and compassion as a jurist.  

The LBA will present Judge Whitehead with a Distinguished Service Award at its Fall Dinner, which will be held on October 23 at the Andover Country Club. Reservations are still being accepted to the dinner by either registering online or by downloading and mailing the attached flyer. 

Meet Judge Sahagian and the HBA

The Haverhill Bar Association and the Lawrence Bar Association are joining together for this special event next Thursday, October 9. See the events page for more details!

ACJM Now Available in Probate Court for Informal Reviews

Commencing in September 2014, an Assistant Judicial Case Manager will be available at the Lawrence Probate and Family Court clerk's office each Wednesday for the purposes of reviewing and allowing Informal Petitions for Probate of Wills and/or Appointment of Personal Representatives. Please be sure to submit a proposed informal decree at the time of filing.  Forms are available on the Probate Court website.