Dacier’s Take on…A Year at the Helm

Published by on August 28, 2014
Dacier’s Take on…A Year at the Helm

Summer is rapidly drawing to a close, and as we all say farewell to warmer weather and longer days, I will also be ending my term as President of the Boston Bar Association.

It has been a truly life-changing year, both personally and for the BBA. Leading an organization with such a profound mission statement – to advance excellence in the profession, to facilitate access to justice, and to serve the community at large – caused me to alter the way I looked at challenges in society and the role of lawyers in it. As an organization, we have made great strides and done outstanding work, and we have shown Boston that we make every effort to promote the betterment of all through our knowledge of the Constitution. The volunteers and leaders within this community are both efficient and effective, in large part because they care passionately about the causes they champion.

This year, the BBA has worked hard on a number of issues of importance to our community. Funding for civil legal aid and the judiciary, the third coequal branch of government, have always been major priorities; our collective efforts in reaching out to the legislature and standing together at events like Walk to the Hill surely did not go unnoticed. In the current 2015 fiscal year, MLAC funding increased from $13 million to $15 million, while Trial Court funding increased from $585.5 million to $612 million.

Moreover, throughout this past year we have started to examine more closely the unmet need for civil legal aid in Massachusetts and how to address it. The BBA Statewide Task Force to Expand Civil Legal Aid in Massachusetts, led by past BBA President J.D. Smeallie, will be releasing its report in the coming weeks, and we look forward to using the report to help shape the discourse surrounding this issue in our Commonwealth.

In policy issues, the BBA’s strong stance against the federal death penalty garnered local and national attention. The Death Penalty Working Group produced a powerful study titled “The BBA and the Death Penalty,” reaffirming the BBA’s longstanding opposition to capital punishment at the state level and expanding its reasoning to encompass opposition to the federal death penalty as well. The BBA additionally produced a report from the Drug Lab Crisis Task Force and convened a Gun Control Working Group to study the more than 60 gun control bills filed this session. Finally, in response to concerns voiced by many of our members, we lobbied in Washington, D.C. against proposed federal legislation regarding accrual accounting practices in service industries, which could have a disruptive impact on law firms.

There have been countless other committees, working groups, programs, and events over this past year that have influenced the way we think and how we approach the profession. None of this was the work of one person, or even a few people. These accomplishments were made through the dedicated time and energy of a great number of attorneys who saw the need for leadership in the larger community and volunteered their services to seek solutions to many of the daunting issues facing our society. They are true leaders, both within the legal community and in Boston, with extraordinary talent and intelligence.

So to the membership of the Boston Bar Association: I extend my most sincere gratitude to you. By your vote, I was given the opportunity to serve as the Association’s President; that trust and confidence is something that has stayed with me throughout this year and will stay with me forever. I have been fortunate to work with and learn from so many of you over the past year and look forward to continuing to do so, because your commitment to the mission of the BBA is both admirable and personally inspiring. We are 11,000 strong, and I firmly believe that the best is yet to come for our organization and for the entire legal community.

Finally, but most importantly of all, my deepest thanks go to the remarkable staff of the BBA. Anyone who has worked with these individuals knows that they are not only incredibly intelligent and responsible, but they are also friendly and caring people who work extremely hard to make sure that the BBA is operating at the highest echelon. All credit for everything that the BBA produces – from daily lunch events to the Annual Meeting – goes to them. In the past year alone, 16,000 attorneys have been through the BBA to attend these events, and I know all would agree that they were superb. The BBA staff consists of a world-class group of professionals who provide unparalleled personal support to the BBA and its members, and I am profoundly grateful for all that they did to make this past year a smooth, fulfilling, and unforgettable journey.

I congratulate the incoming officers of the BBA and particularly wish Julia Huston, the incoming President of the BBA, good luck. She will be a strong leader for this noble institution and a great steward for its storied history of professional excellence and public service, as I have felt so privileged to be this year.

Thank you all for your readership over the past year, and I look forward to seeing you in the future.

 

With the staff of the Boston Bar Association.

With the staff of the Boston Bar Association.

Dacier’s Take on…Lawyers as Leaders: A Call to Action

Published by on August 21, 2014

In a recent speech before the American Bar Association, Chief Justice of the United States Supreme Court John G. Roberts said, “Lawyers fulfill their professional calling to its fullest extent when they rise above particular partisan debates and participate as problem solvers.” Thinking about recent politics, his words never rang so true: the challenges our country faces necessitate cooperation and collaborative leadership. Instead, there is an increasing trend of partisan extremism that divides us.

Partisanship, Chief Justice Roberts continued as outlined in the ABA Journal recap of his speech, has caused deep rifts, and on many issues of great importance to our nation there is both gridlock in the government and increased distrust and disappointment in the public. Roberts expressed his belief that lawyers can work to overcome these divides by looking to the courts for leadership – both literally and metaphorically.  The mandate of our profession is to maintain and protect equity: lawyers present facts to determine the truth, while judges weigh the facts of each case fairly. Moreover, we uniformly uphold the Constitution and its tenets of civil liberties and individual freedoms. There is no room for partisanship or political grandstanding.

Similarly, just as our courts are designed to be non-partisan, we should emulate this approach on a more personal level. Much can be accomplished if we work across partisan divides and temper extremism with moderation in order to be more balanced, more thoughtful, and more effective leaders. Civility is the key to this form of leadership. Only through calm and rational debate do lawyers make their best cases, resulting in smooth, efficient, and ultimately equitable courts. By virtue of our profession, we as lawyers can and should be leaders in driving society to overcome challenges and solve problems that concern us all as responsible citizens, in the same civil manner in which we practice.

As such, we must be proactive in seeking out opportunities to lend this expertise and our leadership to initiatives outside of the legal community. Involvement on the boards of charitable, cultural, and municipal organizations are ideal ways to bring the legal perspective to bear on problems facing our local community. Lawyers also have a valuable voice to bring to state government and often do through events such as Walk to the Hill for Civil Legal Aid, during which hundreds of attorneys speak with their legislators on the importance of funding legal aid programs for the less fortunate. In addition, lawyers involved with the BBA’s practice area steering committees regularly take part in the legislative process by assisting in the drafting or review of legislation which can serve to improve or enhance their practice of law, outcomes for their clients, functioning of the courts, and in sum, the people of the Commonwealth.  Our profession works for the greater good in society as a whole, and for this reason lawyers are often perceived as community leaders; we must do our part to live up to this reputation.

The benefit that we as lawyers offer to our communities when we proactively offer our leadership and legal expertise for the benefit of the greater Boston community is enormous. One of many examples is the incredible work of the Boston Bar Association’s Marathon Assistance Project, which saw individual attorneys, law firms, and law schools step forward to aid the community in a manner only those with legal knowledge could. Because of their leadership, over 60 individuals and small businesses injured by the events of April 15, 2013 found direct relief through justice.

This, of course, was a very particular case; yet there is always more work to do to better our society.  Looking back once more at the American Revolution, the murmurings of dissent that started at a local level ended up changing the entire system of government – a transformation that was led by several lawyers. The leadership of those willing to overlook partisan differences to arrive at solutions for the greater good is another proud tradition we carry as lawyers and as Americans.

With this in mind, we would issue a call to action to our sisters and brothers in the law to serve as beacons of leadership and guidance as we work to address the large-scale issues that face the legal community, our town and cities, and the United States. Instead of participating in partisan arguments, we should foster reflective and productive discourse that will result in solutions for these issues. Most of all, we should never forget our duty to uphold the Constitution and its tenets, and to constantly find valuable ways to bring our knowledge, our leadership, and our determination to bear on the betterment of society for all.

Dacier’s Take on…the Continued Relevance of the Magna Carta

Published by on August 14, 2014

Boston is a city brimming with rich cultural history as the birthplace of democracy and liberty in the U.S. As we have written before, this city was a focal point in the Revolutionary War, during which time the thirteen colonies banded together to fight against the rule of England; even prior to that, Boston was rooted firmly in a tradition of respect for individual freedoms.

It is fitting, then, that one of the only remaining copies of the Magna Carta, a foundational document of great importance to the future development of democracy, is currently residing at the Museum of Fine Arts in Boston. We attended its unveiling, along with many others eager to catch a glimpse of this famed artifact, and were taken with the weighty significance of such a small document.

This year, we celebrate the 800th anniversary of the enactment of the Magna Carta – and today, it is still highly relevant to us. Chief Justice John Roberts, who spoke at the ABA Annual Meeting earlier this month, said in his speech: “The events of 800 years ago marked the commencement of a major undertaking in human history. We mark the 800th anniversary of Magna Carta because it laid the foundation for the ascent of liberty.”

Let us reflect on a brief history of the origins of the Magna Carta: starting in the early 13th century, English barons under the rule of King John began to chafe under perceived injustices – high taxes and poorly-conceived wars that resulted in the loss of lands among them – and formed a loose coalition to rebel against him. They confirmed this arrangement and demanded that King John follow the Charter of Liberties, a written proclamation concerning the fair treatment of English nobles issued by King Henry a century earlier and, until that point, largely ignored by subsequent sovereigns.

The barons’ claims were made less for the benefit of all and more for their own personal gain. Yet there was something novel in their revolution: they were not seeking to overthrow or usurp the king with a successor, as had always been the case before; rather, they based their unrest on the tenets of his government that they viewed as oppressive and unfair. Despite King John’s frequent attempts to win them back – whether through negotiation or by force – the barons held strong in their belief that this charter heralded a golden age, under which their liberties would be protected.

If this sounds at all familiar, it is because parallels to this early event can be traced throughout history, and perhaps none more closely than here in the United States. The rebellion of the barons and their push for increased freedoms under the adoption of the Magna Carta – effectively a declaration of their intent to remove themselves from the strict control of the king – can be seen repeated in the colonists’ growing antipathy towards another English king, King George, and their adoption of the Declaration of Independence.

Even more significant is the precedent set by the Magna Carta for unity against injustice across previously independent groups. Within the feudal system of the early medieval era, barons and their estates typically functioned independent of each other – much like the colonies that would become the United States. The events of the early 13th century so spurred the barons to action that they formed this coalition in pursuit of their common goals, a standard to be followed several centuries later.

Following its annual meeting, the American Bar Association will embark on a yearlong commemorative campaign for the Magna Carta, including a restoration of the monument at Runnymede, the site of King John’s agreement and official sealing of the charter. We can think of no better way to celebrate the storied history of this document – for its influence certainly did not end at Runnymede in 1215. The Magna Carta’s introduction of the foundational tenets of democracy – the idea that a group of individuals have a voice in their liberty – has carried across the centuries and still inspires us today. This is why we must zealously defend the tenets of democracy that are laid out in our own Declaration of Independence and United States Constitution: they come from a long tradition of protecting individual rights and liberties.

Dacier’s Take on…Bar Presidency

Published by on August 7, 2014

This week, we welcome bar executives and attorneys from around the country to Boston for the Annual Meeting of the American Bar Association. It is a valuable opportunity to exchange ideas about the challenges facing the legal community today and to discuss how to guide bar associations of all sizes through the current state of the profession.

We would like to extend a personal welcome to the visiting bar association presidents who have traveled to Boston – a historic seat of many great legal minds and the origins of our nation’s democracy – to convene and share their experiences and learning from the past year. In particular, we are honored to welcome James Silkenat, the ABA President, and we congratulate Paulette Brown as she officially embarks on her role as President-Elect of the ABA.

Each bar president who attends the Annual Meeting comes from a very different place: some may represent smaller, local bar associations, while others may serve for state bar associations with memberships numbering in the thousands. Yet no matter the size or the scope of the organization, the privilege of serving as the president of any bar association is a distinguished one.

Being the president of a bar association is a monumental achievement with responsibilities that must be assumed and carried out with the utmost gravitas. As a bar president, one speaks to the United States and state Constitutions in working with all three coequal branches of government. Also, the president must be prepared to speak knowledgeably and accurately on the myriad issues facing the legal community, the courts, and access to justice. Furthermore, all bar association presidents must constantly be aware and cognizant that his or her actions represent the bar association that they are leading and in turn reflect on its members.

The symbolism inherent in being elected as a bar president is as important as the responsibilities one assumes upon taking office. It is impossible to forget that the membership of a bar association places its trust in one person and elects him or her to speak on its collective behalf. The president is not simply the chief legal spokesman for an organization; rather, he or she speaks for all of its members. It is a daunting challenge with many expectations and little room for error.

Finally, there is a great deal of history inherent in the position. The president represents the rule of law as a member of the legal community and the bar association’s mission. For example, at the Boston Bar Association, we take seriously our mission to advance the highest standards of excellence for the legal profession, facilitate access to justice, and serve the community at large.

We write to highlight not how grand or exalted it is to be a bar association president, but instead to emphasize how humbling it is to hold this position of responsibility and of trust. There is a higher calling from the association’s membership that is unparalleled, and the sense of gratitude that comes from this level of responsibility is enormous.

Thus we welcome the incoming bar association presidents from around the nation, and we also recognize them for their service to their communities. It is an undertaking unlike any other, and the honor of the designation will last forever.

Dacier’s Take on…the Suffolk County Family Court Workshop

Published by on July 31, 2014

We have written before on court programs, such as the Court Service Center at the Brooke Courthouse, that aim to reduce the numbers of pro se litigants in the Trial Court. Such initiatives are crucial efforts to reduce the enormous burden placed on court staff and, moreover, equip those who may need to navigate the unfamiliar court system with valuable tools, resources, and knowledge; they should be encouraged and highlighted for their efforts to make justice more accessible to all.

Recently, we learned about another such program that does something unique: rather than offering guidance only when litigants are already part of the court system, the Suffolk County Family Court Workshop for Fathers and Mothers also aims to intervene early and enable prospective litigants to potentially avoid court altogether. Their model of empowerment through greater knowledge of the court and departments relevant to family law issues and emphasis on mediation, rather than instant recourse to a court appearance, is one that we support as a way to reduce the numbers of pro se litigants ill-prepared – through no fault of their own – to bring a case before the court.

The Suffolk County Family Court Workshop for Fathers and Mothers, an initiative started by Chief Justice Angela Ordoñez of the Probate and Family Court, is currently held at City Hall two times per month; one session invites mothers to attend, while the other is reserved for fathers. We spoke to Deputy Court Administrator Linda Medonis, who explained that the initiative was formed to provide a setting outside of the courthouse where where mothers and fathers could learn about court system and what services are available, especially to pro se litigants.

The program pulls from all areas of the legal system: as an initiative of the Probate & Family Court, representatives from her office oversee the sessions, which are also attended by volunteer attorneys, representatives from the Department of Children and Families (DCF) and probation department, and members of the Department of Revenue (DOR) Child Support Enforcement Division. They all play critical roles throughout the program in explaining the intricacies of the court, different options for conflict resolution, and the involvement in probate and family issues across different branches of government.

At each workshop, both for mothers and for fathers, attendees view a presentation led by a representative from the DCF and volunteer attorneys who instruct attendees on the basics of family law. Following this comprehensive overview – which includes topics such as appearing in court, members of court staff and what they do, how to start a case in the registry, and different legal options in court – volunteer attorneys lead individualized breakout sessions in which the program attendees can present their situation and receive one-on-one advice from the volunteers – attorneys, DOR staffers, probation officers, and Probate and Family Court representatives.

The advantages to this structure are twofold. First, with ample guidance on options for how they might proceed, individualized assistance from volunteer attorneys, and the involvement of different offices, such as probation, that introduce an element of mediation, program participants who otherwise could have entered the court as pro se litigants might not need to appear in court at all. Should any decide to pursue a case in court, they are more prepared for what to expect, allowing them to better follow court protocols and procedure and thereby increase their chances for a smoother court experience for themselves and others. Pro se litigants who are better-equipped to handle the challenges they might face in court help to ease a burden on the entire legal system, from judges and clerks to lawyers and other litigants in court that day.

We would like to applaud those involved with this program – as well as all those who dedicate their time and energy to improving the efficiency and accessibility of the legal system. The program organizers are committed to providing the highest quality workshops possible. Workshop materials include feedback surveys both for visitors and for the volunteer attorneys who generously give of their time and expertise. The volunteer attorneys are also instructed thoroughly on their role in the proceedings before arriving. In doing so, the attorneys are able to maximize the experience for program attendees. The foresight and understanding of this program is truly laudable.

While still in its earlier stages, the Suffolk County Family Court Workshop has already made a difference and continues to expand. Deputy Administrator Medonis said that growth is steady, and they are hoping to expand more into the communities. “Throughout this year, there has been a real focus on access to justice for all,” added Medonis. “In some situations, that means that there are citizens who are not able to retain an attorneys. Our longer-term goals are to make sure that pro se litigants can become more self-sufficient and overcome barriers. We also want to connect attorneys who are ‘getting their feet wet’ with some of these litigants – essentially connecting those who want to help with those who  need it.”

We look forward to watching its progress as it works with prospective litigants in an emotionally challenging and complex area of the law. Through its efforts, we are hopeful – as we know the program organizers and Probate & Family Court staff are as well – that more citizens of the Commonwealth can understand their options and, ultimately, all aspects of family law and the legal system at large.

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.