Dacier’s Take on…the Community of Lawyers

Published by on July 24, 2014

We strongly believe in the idea of a community of lawyers. Whether attorneys end up on opposite sides of the courtroom working toward different goals, and whether they are working in a solo practice or at the largest firm in the city, we should all share the goals of advancing access to justice, helping to create a more effective and efficient justice system, and working toward continued excellence and learning in the profession. Moreover, we should work to create lasting relationships with fellow attorneys from all practice types, and in areas like government and legal services, in order to enrich our personal experience with the law and the profession. There is a reason why we refer to our colleagues as ‘sisters and brothers’ in the law.

At the BBA, we embrace this ideal fully by providing educational opportunities to our members in all practice areas and hosting large-scale events that bring practitioners together in a social context that allows them to forge new relationships in the broader legal network. Moreover, the BBA sponsor firm program automatically enrolls all of a sponsor firm’s attorneys as members of the BBA, ensuring that the community grows and that more attorneys are able to take advantage of what it has to offer.

This sense of community must start early in order to engage prospective and new lawyers while they are still exploring their career options and would most benefit from the guidance of more experienced attorneys. As such, it is extremely important to the BBA to bring law students fully into the legal community. For this reason, the BBA has forged valuable partnerships with area law schools and at this time is officially partnered with the five Boston law schools: Boston College Law School, Boston University School of Law, New England Law | Boston, Northeastern University School of Law, and Suffolk University School of Law. This automatically enrolls all of the students from each school as members of the BBA at no personal cost.

The benefits of these partnerships are manifold – and not to just to the law students. The BBA has certainly worked to create new programming that will be useful and appealing to law students. These programs include different career workshops, such as a summer series that teaches students “What It’s Really Like” to work in different practice areas and settings; evening social receptions that specifically invite law students to build the foundations of their networks; and the Summer Judicial Internship program, which places law students in their first and second year at courthouses for internships that allow them to work closely with judges and gain valuable experiential learning. Even directly after they graduate, we work hard to make sure these new lawyers know that they have resources at the BBA through programs like practical skills workshops and the Group Mentoring program, which provides one-on-one guidance from an experienced attorney to lawyers with less than five years of experience.

But we gain much more through these initiatives as a legal community. By extending our efforts to reach law students, we gain new lawyers who are eager to learn as much as they can about the profession and give back to it. We cultivate future leaders who have a stronger understanding about the scope of the profession and a vision for how they can work from within to help improve it. In advancing their professional education, we ensure that they will feel confident in their abilities to educate and serve the public in return.

A community is never static. Communities by nature continuously evolve, change, and grow over time; they must constantly be prepared to accept new ideas and new contributors. The legal community does not only exist for those who are already attorneys, but rather, it must provide for those who will join the profession so that they are motivated to perpetuate the sense of community and contribute to its excellence far into the future. We know that this support network must be established early. Mentorship is especially important now, at a time when new lawyers are facing myriad challenges as they enter the workforce. The BBA is committed to addressing and ameliorating these challenges today as well as those facing the profession in the future.

The takeaway is this: we are proud to work with these law schools to offer professional development and mentoring opportunities to their students – it is just as important to our mission as it is for their introduction to the legal community. We hope that our members will also embrace this aspect of community and participate in different activities targeted toward law students – whether it is by serving as panelists at career events, attending networking receptions, or acting as formal mentors. By helping the newest members of our community, we are enhancing the entire community and its future.

Dacier’s Take on…a Defense of Our State Judges

Published by on July 17, 2014

We are very proud of the caliber of our state judges here in Massachusetts. Our courts are home to some of the wisest and fairest legal minds and judgment possible, and many of their decisions have gone to the U.S. Supreme Court itself and been upheld to help create the law of the land. They represent high standards of excellence, and we have every confidence that they serve the Commonwealth admirably. Furthermore, we are proud of all of the law schools in the greater Boston area, which is known as a hub of higher education in this country for a reason.

This is why we were so distressed to read an article in the law blog ‘Above the Law’ (ATL) denigrating both Suffolk Law School for a recent ad campaign and our Massachusetts state judges, who are mentioned in the campaign. The advertisement in question states that Suffolk Law School has produced more sitting Massachusetts state judges than several traditionally more prestigious law schools, such as Harvard and Yale, combined. ATL mocks the school for its pride in this achievement, suggesting that becoming a state judge is not a high honor. The vitriol in this editorial was a shock and made us think hard enough about the issue that we feel compelled to respond. Any attack on the judiciary is an attack on our society and the foundational structure of our government.

Whether they are serving on the highest court in the country or in a local Trial Court, judges are there to follow one rule: adjudicate fairly and efficiently for all based on the facts of the case and the guidance of the Constitution. The Constitution is not selective – it applies to all citizens, and anybody involved with the law must give it the proper weight. All judges deserve our utmost respect for the difficult and complex work that they do on a daily basis – the Massachusetts Trial Court alone had over 999,000 cases filed in 2013. The quality of our judiciary should not be evaluated simply by where they received their degree. Rather, it is a testament to how they took advantage of the learning and opportunities that were presented to them.

While we understand that ATL is ultimately urging those thinking of law school to be wise consumers, we believe that there are opportunities for everyone in this country to pursue continued education and use it to transform their lives and achieve personal and professional excellence. Where you receive that education should not be the butt of disdain; those who seek to improve their minds in any capacity should rather be lauded for seeking growth and intellectual development. We feel we should not have to say this, but we firmly believe that what matters most is what you do with the degree you get. The stereotypes surrounding any school, regardless of whether they are positive or negative, may well be completely unfounded, and do not speak to the quality of its graduates or their capabilities.

So before you pass judgment too harshly, take a step back to think about whether we should be castigating a law school for trying to combat the declining law school application rates; consider whether sweeping assumptions about the caliber of its students and graduates are required or even accurate; and remember the landmark decisions and advancements in the law that our state court judges have made because their judgment carries great weight. We should not be spreading malice, but rather support for our brethren in the law.

Dacier’s Take on…Advice for Starting a Legal Career

Published by on July 10, 2014

As recent law school graduates prepare to take the bar exam at the end of July, and our newest lawyers enter the profession after being sworn in this June, a more seasoned attorney cannot help but feel nostalgic. I have been practicing law for 31 years, yet I can clearly recall the trepidation I felt upon graduating. I knew where I wanted to end up, but I didn’t yet know how I would get there or what twists and turns my career path would take.

In the current climate, there are other reasons for trepidation beyond the average nerves. We cannot and would not want to diminish the fact that the job market is precarious and that debt remains high. I personally understand this because I too faced a difficult economic situation when I graduated from law school. I was even told several times that I had made a huge mistake, a statement that would be repeated to me at other points during my early career. No one would have guessed that I would become the General Counsel of EMC Corporation, nor that EMC would grow to become the premier global company that it is today with 60,000 employees and a legal department that has grown from one attorney – me – to 120 worldwide. It was a long process to reach this point, and it was by no means straightforward or easy. The key, I discovered, is to position yourself so that you can spot hard-to-find opportunities that may exist and be ready for the opportunities that will appear during the economy’s recovery, which I saw happen in my early career years and which I expect to see happen again.

It is from the perspective of having navigated the surprises and challenges of starting a legal career that I would offer a few pieces of advice:

Always seek to keep learning, and always listen.

My first job out of law school was at a firm in suburban Milwaukee, and I was immediately thrown into the mix. I learned just as much as – if not more than – I had in law school. It helps to ask questions and pay close attention in the courtroom; in fact, I used to sit in court and listen to judges, lawyers, and litigants alike. You will also need to be prepared to constantly improve upon your work and pick up new techniques. I quickly found that my writing skills always had to be better to keep up with the real world. Your learning will continue for life, but the passing grades are given to you differently – that’s very exciting.

Don’t be afraid to take risks, jump to take new opportunities, and keep your goals in sight.

Moving from my work at a law firm to working at Apollo Computer in Chelmsford, MA was fortuitous. At the time I had no experience in the technology industry – the company’s general counsel took a chance on me, and I worked hard to convince him that he had made the right choice. Learning a whole new set of skills to navigate corporate legal life took intensive study and time, but I was determined to acquire business acumen. It was a risk, but it paid off.

After Apollo was acquired by Hewlett Packard, I initially turned down a job offer from EMC before hastily reconsidering – it was my great luck that they called back to reoffer the job, and it changed the entire trajectory of my legal career. What started as a relatively small pursuit as the only in-house lawyer at EMC, which at the time had just one patent as it tried to compete with companies like IBM, would grow into a major role. From starting as corporate counsel for the company, I now hold a position with tremendous weight that fundamentally affects how the company does business.

My point is this: you cannot be afraid to pursue your goals relentlessly, but you should also take the time to consider your options and not immediately disregard any, because it could very well make a huge difference to your future. Don’t discount something that may open a door for you, because you never know where it will lead.

Take the time to enjoy yourself.

It is much harder to practice than it is to preach, but at the end of the day, you must remember to take some time to enjoy life. Despite more than a few 100-hour work weeks at the beginning of my career, and even now as I serve as Executive Vice President and General Counsel of EMC and the President of the Boston Bar Association, I seek out time to spend with my family. While it may seem difficult – perhaps nearly impossible – to do, it is important to seek out and cherish the opportunities you do have to turn your attention to personal pursuits. You never want to be in a position where you look back and regret the landmark moments or opportunities that you might have missed while you were too busy to take advantage of them at the time.

Be proud of your degree.

This above all else is true: there is not a higher calling than to be a member of the bar. As a lawyer, your job is to defend the innocent, protect the right to a fair trial, navigate disputes fairly, and see that justice in the Commonwealth is available and served correctly to all. You will be seen as a leader in the community, and people will seek you out for your expertise. Your skills and knowledge can truly change the lives of other people, and you must not underestimate how being a part of this noble profession will change your life as well. In times of difficulty or confusion, this will always be true, so take great pride in choosing this as your life’s calling.

Congratulations to all of the new lawyers who have recently passed the bar, and good luck to those yet to take it. We wish you the best, and the BBA stands ready to support you as you enter the noble profession of law.

Dacier’s Take on…American Independence and Democracy

Published by on July 2, 2014

Friday – the Fourth of July – is a day of tradition. Many celebrate the National Day of the United States with tried-and-true favorite activities every year, such as hosting a barbecue with family, listening to the Boston Pops in their annual Fireworks Spectacular, or watching the evening fireworks from the Boston Esplanade.

In no place does the Fourth of July have a more special meaning than it does in Boston. One set of American traditions that we cannot overlook is the traditions of democracy, independence, and fighting for the freedoms of our citizens, a long heritage that started here in Massachusetts and truly found its seat in our state capital of Boston.

Let us look back several hundred years to our country’s origins. In 1620, the Pilgrims sailed to North America to flee religious intolerance and establish a colony with a firm cultural identity. They viewed America as a land of promise where they could be free to practice their religion without any fear of repercussion and were determined to protect those freedoms henceforth. These settlers were the earliest champions of democracy, drawing up the Mayflower Compact to organize themselves into a civil body politic in which issues would be decided by vote. Incidentally, Plymouth Colony, the new home for the Pilgrims, would become the oldest continuously inhabited English settlement in the future United States.

Fast forward over one hundred years to 1765, in which year the British Parliament began to institute a series of taxes on the colonies without elected representation. With their very foundations rooted in the premise that all should have a voice, our Revolutionary forefathers began to protest.

It was here in Boston that many famous scenes in the fight for Independence occurred. Here, the Sons of Liberty burned records of the vice-admiralty court and looted the home of its chief justice, Thomas Hutchinson; here, an increasingly angry mob and a group of British soldiers met in a clash thereafter called the Boston Massacre; and here, revolutionaries protested the taxes on tea by dumping it into the Boston Harbor. When military strife began, Massachusetts was once again at the forefront of the action, the site of the Battles of Lexington and Concord as well as the Battle of Bunker Hill. Several of the most famous names from that period – Samuel Adams, Benjamin Franklin, and John Adams, just to name a few – were born or rose to prominence in Boston.

So as we well know, the actions and events that took place in Boston during these tumultuous few years had an enormous effect on the eventual decisive adoption of the Declaration of Independence – drafted in part, we might add, by Adams and Franklin, both Boston natives. The legacy of our Puritan forefathers, who fled oppression in order to create better and more equal opportunities, is truly visible on the path to American independence and democracy.

And we as lawyers participate in the tradition of protecting freedoms each and every day through our work to defend the innocent and see justice served fairly. We carry on the proud foundations of this country in the very nature our profession – as such, we must be sure to uphold the spirit of equality toward which the Puritans, the colonial revolutionaries, and we today still strive. Much has changed in the past several hundred years, but this cause remains.

In the festivities that accompany this Friday’s holiday, we must remember that we are commemorating the long and difficult struggle for American democracy – one that started long before the American Revolution. The Fourth of July, the official adoption of the Declaration of Independence, is the pinnacle of that fight and represents the noble tradition of seeking equality, freedom from oppression, and true justice; let us remember this, for it is truly worthy of celebration.

Dacier’s Take on…the Brooke Courthouse Court Service Center

Published by on June 26, 2014

Access to justice issues remain a major priority in the Massachusetts Trial Court and legal system in general. For many entering the court system, the process can be confusing and overwhelming, particularly if there are barriers in language or reading level. What’s more, the rising numbers of self-represented litigants, who are often ill-informed about how to navigate complex legal processes, present a burden of time and resources on the courts, making the ability to render justice quickly and effectively much more difficult.

The BBA works to promote access to justice projects whenever possible, including within its classes of Public Interest Leaders. The Public Interest Leadership Program (PILP) selects new attorneys who have demonstrated a commitment to pro bono and public service to work as a group and select a project that will help the community and the profession at large. This past year’s PILP class chose to help with a major project: partnering with the Massachusetts Access to Justice Commission, the Commonwealth of Massachusetts Executive Office of the Trial Court, and the Edward W. Brooke Courthouse Court Service Center Working Group to assist with the implementation and development of materials for the Brooke Courthouse Court Service Center (CSC) pilot program.

The Brooke Courthouse CSC traces its origins to the Access to Justice Initiative started in 2009 by then-Chief Justice of the Supreme Judicial Court Margaret Marshall and Chief Justice of the Trial Court Robert Mulligan, and led by First Justice Dina Fein (Housing Court – Western Division) as Special Advisor and Supreme Judicial Court Senior Attorney Sandra Lundy as Deputy Advisor. The Initiative worked to identify barriers to access to justice and suggest innovations that would help to resolve them. In a survey of Trial Court staff, 57 percent of respondents cited self-represented litigants as a priority.  After instituting information desks in different courthouses, in 2013 the Trial Court committed to developing formal Court Service Centers to serve as permanent, full-service fixtures. The CSC at the Brooke Courthouse is one of the first two being piloted in the state.

The CSC is an accessible workspace with a small play area for children, restrooms, and seating to make the space feel more comfortable. It has computers available for use and will be adding a small law library with a full-time law librarian in the future. When a litigant enters the CSC, a volunteer conducts a brief intake to find out the details of the case and whether there are any language needs or other special circumstances. The Center provides the forms for the courts and computer access to the Trial Court system, so CSC staff can pull up a litigant’s case to see what has happened and what comes next. This allows the staff and volunteers to tailor the information they give to each service center user and thus contribute to the overall smoothness and efficiency of the court system as the case advances.

Katherine Schulte, a member of this past year’s PILP class and a volunteer at the CSC, gave us a quick rundown of a few materials that PILP helped to develop to further prepare self-represented litigants to navigate the court system with greater awareness. These include a chart of courts with overlapping case jurisdictions, a list of potentially helpful institutional resources such as the Department of Children and Families or Public Defenders’ Office, and cover sheets for different form packets explaining in plain language what the forms do, how to fill them out, and the filing process.

According to Schulte, the materials and resources available in the CSC are specifically designed to address the needs and barriers that self-represented litigants often face. “We put a lot of effort as a group into learning about readability, and how to take legal jargon and decipher it so that it can be explained in a way that litigants of all backgrounds and reading levels could access,” she said. They placed a particular emphasis on creating and compiling resources for those with cases in Housing and Probate & Family Courts, since those departments have the highest percentage of self-represented litigants in the entire Trial Court.

In the month since its soft opening at the beginning of June, the CSC has served over 200 litigants – a sure sign that it is fulfilling its goals to educate and assist self-represented litigants and subsequently ease the burden on the court and its staff. First Justice Dina Fein sees the CSC working for the court staff, saying, “Anecdotal reports indicate that clerk offices have already experienced the value of the CSC as a resource for the public in general and self-represented litigants in particular. We anticipate a commensurate benefit for the courts themselves, which we are in the process of developing metrics to measure.”

We also reached out to Sheriece Perry, the Court Service Center Manager, who spoke to the reactions the staff has noticed from the self-represented litigants they have been aiming to assist. “Litigants appear to be very happy with the service,” she reported. “They appreciate simple things such as being able to get copies of documents, folders and envelopes – it has gone a long way.” Ultimately, the advantages of having dedicated staff and volunteers to assist litigants one-on-one and figure out the most efficient way to proceed are evident.

Projects like the CSC will undoubtedly advance the cause of expanding access to justice across the Commonwealth. As we have said before, the Trial Court has shown itself to be adept at considering and implementing innovations for the greater benefit of all its users, from litigants to court staff and the judges themselves. We support this initiative; and we congratulate the recently graduated PILP class that lent their devoted time and energy to such a critically important aspect of our justice system.

Dacier’s Take on…the Business Litigation Session

Published by on June 19, 2014

In an increasingly complex and tech-driven world, legal cases are becoming correspondingly more involved and, in some situations, time-sensitive. Often, business and commercial disputes may require more individualized attention and speedy resolutions than are readily available. What recourse do litigants have in these situations?

The Business Litigation Session of the Superior Court, or BLS, was formed in 1999 for this purpose. We spoke to Chief Justice of the Superior Court Barbara Rouse, who told us that there was desire in the legal community to have a business session in Massachusetts where a judge would give individualized and extensive attention to cases. “The idea was to create a forum to resolve commercial disputes efficiently and develop a body of law that would provide guidance to the bar and the business community,” Chief Justice Rouse explained.

She added that since October 2000, shortly after it was formally established, 3,950 cases have been filed before the BLS, and 3,698 have been disposed. To break that down those numbers, that’s an average of over 282 cases filed per year and over 264 disposed. Those statistics alone illustrate the demand for this court session and the fact that many are choosing to bring their cases to it.

Here is a quick overview of the BLS structure and an explanation for how this session works advantageously for litigants:

  • There are two full-time sessions of the BLS. Each of these is presided over by two judges, who commit to the session for a period of years and evenly divide the time they sit in the session. According to Chief Justice Rouse, the BLS therefore provides continuity and consistency for all its cases, especially those that require the most judicial oversight.
  • The judges’ written opinions explaining their reasoning are accessible through the Social Law Library for practitioners to read. This helps to promote continuity by providing litigants with access to precedents from prior holdings.
  • Cases heard in the BLS include shareholder derivative claims, business torts, intellectual property and insurance coverage disputes, and claims arising from the sale of assets, corporate mergers, and restrictive covenants in employment agreements.
  • Because there is a fixed staff team in place to attend to the BLS – including a court clerk and staff attorney – and fewer cases appear in the session, decisions can often be made on a shorter timeframe than would be otherwise possible.
  • Within a few months of a complaint being filed, a judge will confer with counsel to develop the schedule for the progression of the case. Chief Justice Rouse told us that the BLS is committed to issuing final adjudications on even the most complex cases in two to three years or less, depending on the litigants and counsel.

As is evident by the number of cases that have appeared before the BLS since its inception, practitioners see the advantages of the session. Erin Higgins, a partner at Conn Kavanaugh who frequently practices before the BLS, emphasized that “because your case will be handled by only two judges, if there is a repeated need for judicial assistance, the judge will remember the case, the key issues, and the attorneys involved.” She also pointed out that the firm deadlines for fact discovery, expert discovery, dispositive motions, and trial make it easier to budget for litigation costs and block off time for important court dates on witnesses’ schedules.

We would also like to highlight a pilot program instituted in the past two years which allows for automatic discovery without the need for specific requests for information, another feature that makes the BLS cost-effective and efficient. The judge of the session works closely with the litigants, allowing even a teleconference or immediate court appearance without the need for motion practice, which promotes more streamlined and timely discovery. To quote Chief Justice Rouse: “The BLS judges understand the costs inherent in complex business litigation and their responsibility to help manage the pre-trial process…they understand that discovery disputes will arise in these cases, especially around electronic discovery issues, and are committed to assisting counsel in promptly resolving them so that the case does not bog down.” Once more, expediency and efficiency are the main priorities of the BLS.

Those involved with the BLS are highly confident that it will be able to respond to the changing needs of the legal system even as newer technologies and increasingly complex cases emerge. Robert Muldoon, Chair of the BLS Advisory Committee, says that he sees the BLS continuing to grow in the future as the judges are very conscious of the need for expeditious discovery. As Chair, he convenes meetings of the Committee that connect lawyers and judges to review current operations and implement changes to help the BLS run even more smoothly. “The judges really have a handle on how to meet the challenges to civil litigation that are presented by the evolving world of electronics,” he explained. “Overall, the BLS is important to the Massachusetts court system because it presents a highly available venue where commercial cases can be assured of a viable track for getting a speedy disposition in these complex matters.”

We view the BLS as a hallmark of the innovation and cognizance of the Trial Court to further its ability to serve practitioners and justice effectively. When the need for a different forum to manage specific types of cases arose, the court worked to address it – with great success. We applaud the collaboration between different court departments, as well as between practitioners and judges, that has resulted in 15 years of careful adjudication in the BLS.

Dacier’s Take on…Chief Justice Ireland’s Legacy

Published by on June 12, 2014

This evening, in anticipation of his retirement in July 2014, the BBA will honor Chief Justice Ireland with the Citation of Judicial Excellence – well-deserved for his 37 years of service in the judiciary. We are grateful for his tireless work to improve the judiciary in Massachusetts and assure that justice is appropriately served for all its citizens, and we look forward to celebrating his many accomplishments.

However, Chief Justice Ireland’s career is not just about what he has done, but also the lasting imprint on the judiciary he will leave behind. We would like to focus on his legacy and how his decisions and actions during his time as the Chief Justice of the Supreme Judicial Court will shape the future of the Massachusetts Judiciary.

Collaborating and establishing positive relationships with other branches of government is key to a balanced justice system. It bears repeating that our governing body is comprised of three coequal branches of government – and that includes the judiciary. It is vitally important that these branches are able to interact in a way that will ultimately improve the lives of the citizens of the Commonwealth.

Chief Justice Ireland has done an outstanding job at reaching out to and collaborating with members of the legislature, particularly with Speaker of the House Robert DeLeo. The subsequent rapport they developed is visible both personally and professionally. With this connection established, Chief Justice Ireland has been able to convey the needs of the court in a way that is clear and effective. As a result, we have seen improvements to the Trial Court including increased funding and the institution of the Trial Court Administrator position currently held by Harry Spence.

A good relationship between the judiciary and the legislature is critical to ensuring the proper administration of justice to the people of Massachusetts. We are confident that Chief Justice Ireland’s work has set a promising precedent for future court and statehouse interactions. Similarly, we hope that the improvements to the court that have arisen will also be an important piece of his legacy.

It would be impossible to discuss Chief Justice Ireland’s legacy without mentioning the historical significance of his career. At the time of his initial appointment to the Supreme Judicial Court, he was the first African-American Associate Justice of the court; he later became the first African-American Chief Justice. Not just a symbol of the increasing diversity of the legal profession and the judiciary, Chief Justice Ireland has actively voiced his support for a more diverse judiciary and his belief that more diverse candidates should apply. At a Mass. Black Lawyers Association event co-hosted by the BBA, “Celebrating Diversity in the Judiciary,” Chief Justice Ireland outlined how far diversity in the profession has come as well as how far it has yet to go, and he urged the attorneys present to seriously consider applying for positions in the judiciary. Thus he leaves his position having made strides in the area of diversity and encouraging others to follow in his steps.

But perhaps what we will remember the most about Chief Justice Ireland, apart from being a wise and generous leader of the courts, is his sincere and lifelong dedication to advancing access to justice. From his work in Neighborhood Legal Services through his time at the Roxbury Public Defenders Office, the Juvenile Court, and finally the Supreme Judicial Court, Chief Justice Ireland has shown the utmost concern for the plight and privileges of all, regardless of personal circumstances. He has truly embraced the idea that everybody deserves justice and, what’s more, that everybody should be afforded the opportunity to seek it.

We wish Chief Justice Ireland all the best in his retirement, and know that his presence will always be felt in the achievements and progress that he has left behind.

Dacier’s Take on…the Affinity Bar Leadership Institute

Published by on June 5, 2014

Greater diversity and inclusion creates a stronger, better-rounded legal profession, and the BBA has taken steps to actively support it and ensure that the legal community more closely reflects the larger community of Boston. Among other things, we offer public service opportunities for lawyers looking to introduce diverse youth into the legal field, and we provide valuable mentoring and professional experience to help retain a diverse population of lawyers in Boston.

In 2010, the BBA solidified its partnership with six affinity bars: the Asian American Lawyers Association of Massachusetts (AALAM); the Massachusetts Association of Hispanic Attorneys (MAHA); the Massachusetts Black Lawyers Association (MBLA); the Massachusetts Black Women Attorneys (MBWA); the Massachusetts LGBTQ Association; and the South Asian Bar Association of Greater Boston (SABA GB). The BBA values these partnerships and is fully committed to promoting their continued growth in the community and helping to create exciting and engaging opportunities for their members.

One of these opportunities is the Affinity Bar Leadership Institute, a collaboration between the Boston Bar Association’s Diversity & Inclusion Section and the affinity bars. We spoke with Christina Miller, Co-Chair of the Diversity & Inclusion Section, and Rachel Lee, Co-Chair of the Section’s Affinity Bar Relations Committee, to learn more about the program and how it will shape the future of the affinity bars.

The background of the program, as Miller explained, reflects the positive relationship between the BBA and the affinity bars. The Affinity Bar Leadership Institute originally grew from a discussion between the members of the Diversity and Inclusion Section Steering Committee and, particularly, former Chairs and Presidents of several Affinity Bars about how the BBA could support the Affinity Bar Associations to become stronger and develop their future leaders. Operating almost entirely with volunteer contributions from busy lawyers, affinity bars are challenged to hone their message, manage their membership and fiduciary duties, and expand their membership and leadership.  The Institute provides knowledge and support in all of these areas, and tips about leadership, management, and support.

Now in its second year, the program has responded to continued interest from affinity bar leaders and expanded from a single three-hour session to three separate sessions on different days, all focused on a single aspect of great leadership within an affinity bar. The different modules, Lee explained, build on what was presented last year and allow affinity bar members who want more information on a specific aspect of leadership to have the flexibility to attend that session alone.

So far, the Institute has covered how to design a successful event – no matter what size – and the fiduciary responsibilities and expectations of a bar leader. The final session will be a culmination of the previous two on leadership development and succession planning. We applaud this development in the series, which focuses on engaging membership and looks to the future of the affinity bars and diversity and inclusion within the profession.

All are welcome at the Affinity Bar Leadership Institute – a fact that we think is worthy of emphasis. Anybody can learn more about leadership techniques that will help in practice. A refresher on how to balance professional life, personal life, and outside activities is a lesson applicable to all. But perhaps what is most important: it opens the door to leadership opportunities for a broader range of affinity bar members and provides them with the tools they will need to continue the success of these associations for the future. What’s more, it piques their interest in being not only a part of that association, but possibly a member of its guiding officers.

As Lee pointed out, the emphasis is on the ways the BBA can help its members – particularly key partners like the affinity bars. “We want everyone to be more engaged, excited, and thinking about how we can support one another,” said Lee. The Affinity Bar Leadership Institute represents a great partnership, and the BBA seeks to help the affinity bars develop their capacity from within and continue to promote diversity and inclusion in Boston’s legal community.

Dacier’s Take on…Tackling Substance Abuse Through the Justice System

Published by on May 29, 2014

As our coverage of the specialty courts illustrates, there is no “one size fits all” way to handle cases that are deeply rooted in serious issues such as mental health difficulties, substance abuse or addiction, and chronic homelessness. In many cases, these factors are intertwined, complex, and highly individualized to the particular person coming through the courts. This means that the justice system’s approach must be similarly multifaceted and understanding.

Substance abuse struggles or addiction is an underlying factor in a broad range of criminal infractions.. Sentencing a case that involves this issue is highly nuanced. In an effort to be smart on crime rather than simply tough on crime, courts (or judges) can consider treatment options depending on the circumstances of the case.

One option is the use of the Drug Court, a specialty court session of the Trial Court. The Drug Court, like the Mental Health, Homeless, and Veterans Treatment Courts, places participants in probation and treatment programs. The participants are required to provide progress updates to the court to ensure that they are fulfilling their probation terms. This structure ensures both effective treatment and lowered rates of recidivism.

Clearly, the courts have recognized that there is a need for specialization and, in creating the Drug Court, have done an excellent job providing effective guidance and services. Outside of this specialty court session, which is specifically equipped to focus on a particular set of needs, there are ways that other courts can internally raise awareness, education, and the provision of resources to increase their own effectiveness in handling cases with a substance abuse factor. We spoke with Attorney Rick Dyer, who practices in Brighton District Court, a division of the Boston Municipal Court, about the mechanisms his offices and the court have adopted to address this issue without automatic recourse to punishment. Instead, handling cases with an awareness of substance abuse and addiction as possible factors can contribute to a solution through the administration of justice.

Attorney Dyer comes from a unique perspective: an attorney for the past 29 years, he openly shares his own history  with addiction and is now a practicing attorney in the same court where he faced sentencing 8 separate times. He truly understands the perspective from both sides of the equation and knows that creating treatment opportunities for these clients is a priority. As an expert in recovery issues and a staunch advocate, he has made recommendations to Chief Justice Paula Carey about how the specialty courts can better serve a population with chronic addiction struggles.

According to Attorney Dyer, the Brighton District Court has seen well over 100 cases in the past year alone that have substance abuse struggles at their core. Firmly rooted in the surrounding community, the court prides itself on focusing on recovery for those who come through its doors struggling with substance abuse, and its main goal is to break the cycle of addiction and thereby reduce recidivism. They also want to reduce the stigma surrounding addiction, using language such as ‘wellness’ and ‘recovery’ programs.

The overarching strategy is preemption and proactivity. For example, having an awareness of the nature of substance abuse struggles allows the opportunity for a pretrial diversion at arraignment in the Brighton District Court. Often, when a defendant struggling with addiction first enters the court system, he or she is going through detoxing and withdrawal. Accessing immediate treatment, which Attorney Dyer and his colleagues attempt whenever possible, has produced high results of success in defendants making it through treatment and probation.

In line with the goal to reach recovery over retribution, Attorney Dyer’s office has taken a unique approach and has  made a recovery coach available to help clients access treatment and follow up to prevent related problems, such as homelessness or unemployment. A recovery coach can intervene at the earliest stages of a hearing and help someone appearing before the court to find a bed at a detox facility, which gives the judge more leeway to favor treatment over sentencing and offer opportunities for further treatment down the road. Later, a recovery coach can act as an advocate or provide a favorable status report for a client before the court, and also check in to make sure the client is attending work, their medical appointments, and any other deadlines in treatment programs. There is a sense of both accountability and support.

We applaud the hard work of the legal community to productively seek addiction treatment and recovery for those who need it, both through formal programs like the Drug Court and through systemic education and awareness. Statistics and personal testimony from those deeply involved, such as Attorney Dyer, suggest that it is having a profound effect and improving not only the lives of those who struggle with addiction, but also public safety as recidivism decreases. The best way to build upon this success is to increase understanding and, perhaps more importantly, increase available resources. More beds in detox facilities and more treatment programs will allow greater access for more people over extended periods of time. It is a worthwhile and admirable cause: with such measures in place, we can support our fellow citizens and most vulnerable populations through the remedy of justice.

Dacier’s Take on…the Administration of Specialty Courts

Published by on May 22, 2014

We have spoken at length about our support for the specialty courts in the Massachusetts court system, having discussed the Mental Health Court, Homeless Court, and new Suffolk County Veterans Treatment Court and the benefits they provide. These courts can change the way we approach certain populations in the administration of justice and ensure a system that is not needlessly punitive, but rather rehabilitative.

Specialty courts – which so far include the Mental Health Court, Homeless Court, Drug Court, Veterans Treatment Court – are still a relatively new development in Massachusetts, and there is a great deal to learn about them. Our trips to different sessions of the courts have given us some background on their processes, but we were curious to learn more about the administrative support and development that goes into them. Sheila Casey, the Specialty Court Administrator, and Georgia Critsley, the new Trial Court Manager of Intergovernmental Relations, joined us at our monthly governing Council meeting to shed more light on the specialty courts and how recently released budget numbers could affect them.

Here are a few facts that we learned during the discussion:

  • Specialty courts and their different sessions across the state have been started by judges with a particular interest in adapting the way they address certain cases that they have seen come through their courtrooms. They are trained in how to properly handle the issues, including peer training by colleagues.
  • We were aware that the specialty court probation programs take place over an extended period; what we did not realize was that they can last up to two years, making sure that treatment is effective and contributing to the low rates of recidivism from participants.
  • The reactions and relationships to the specialty courts have historically been mixed. However, data proving the efficacy of specialty courts has amassed, and now there is widespread support for expanding the sessions of the specialty courts.
  • While these post-adjudication defendants on probation sign up for the specialty court sessions of their own volition, they usually have high sentences hanging over their heads.  Specialty courts focus on defendants who are most at risk of recidivism and most in need of help either for substance abuse or mental health issues. This tactic of effectively ‘forcing’ the otherwise disinterested defendants into rehabilitative programs has proven astoundingly effective in confronting addiction: 75 percent of graduates are arrest-free 2 years out of the programs.

This last statistic alone is reason enough to expand the specialty court presence across the state. At this time, there are 26 specialty court sessions – that is, different iterations of Mental Health, Drug, Homeless, and Veterans Treatment courts – in the state. The Trial Court is hoping to open 8 more sessions per year over the next 3 years, bringing the total number up to 50 specialty court sessions by 2017. With this widespread system in place, the specialty courts can work across the state to avoid long-term incarceration and instead rehabilitate members of our society.

The key to this plan is in the funding of the specialty courts. In response to the Trial Court’s request for $2.7 million to fund specialty courts, both the House and Senate budgeted just about the same amount of money – the House proposed $2.7 million and the Senate’s proposal included $3 million. While the final budget number for the entire judiciary is still unknown, it’s clear that specialty courts are as important to the legislature as they are to the courts and to us. The amount of good that these specialty courts do is immeasurable to the defendants who enter the programs and through them are able to reach sobriety and reform. In light of their struggles with substance abuse and mental health difficulties, justice is best served in courts that can take these matters more closely into account.

Moreover, the increasing numbers of specialty courts reflect a greater trend in the legal world of specializing in a number of important areas to address the complexity of the law and social issues. It is important that the courts have realized that it is necessary to do the same thing. As we have said before, ‘one size does not fit all’ when it comes to our state’s justice system.