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.

Dacier’s Take on…Law Day Dinner and Keynote Speaker Mayor Martin Walsh

Published by on May 15, 2014
Dacier’s Take on…Law Day Dinner and Keynote Speaker Mayor Martin Walsh

Each year, the BBA’s Law Day Dinner caps the celebration of Law Day, an annual holiday on May 1st. The holiday takes us from Boston Municipal Court in Brighton to Boston public school classrooms and allows us to reflect on the role of law in our country’s foundation and society.

On May 12th, we welcomed 1,400 attorneys, judges, legislators, and business and community representatives to the 2014 Law Day Dinner. The dinner this year was particularly meaningful, as we recognized those who have worked hard to serve the community and make Boston a better, safer place to live and work. It was our great privilege to honor the Marathon Assistance Project volunteers, who provided legal advice to aid the recovery of small businesses and individuals affected by the Marathon bombing; the Private Industry Council, with whom we partner to provide valuable summer jobs for Boston teens; and the BBA’s own Bonnie Sashin, who retired as the institution’s Director of Communications & External Relations this spring.

We were also pleased that Mayor Martin J. Walsh joined us as our keynote speaker. Mayor Walsh has truly represented the strength of our city in these last several months and has been a staunch supporter of initiatives and ideas that benefit Boston – such as expanding the job market for Boston’s youth, preventing gun violence, and increasing transparency and trust in city government. He spoke eloquently about the legacy of service in Boston’s legal community and how this supports the policy work of city government.

For those who were unable to join us for the evening, there were several noteworthy highlights from the speech:

  • Mayor Walsh joined us in honoring the attorneys who volunteered through the Marathon Assistance Project, saying that “they showed us that the law is not just about how we define justice—it’s about how we live justice in our community.” He added that being an attorney is a vocation, which literally means ‘a calling,’ both “to take up a career…and also to serve a community.” A show of hands illustrated that an overwhelming number of attorneys in the room were participating in pro bono work this year.
  • While discussing the need for legal services, Mayor Walsh said, “A society is judged by how it treats its most vulnerable, and [those who need legal services] are the most vulnerable among us” – reminding us that our development of these programs and organizations, and our tireless advocacy for their increased funding, is another important aspect to our service to the community.
  • Mayor Walsh also joined us in calling for more firms to hire a student through the Summer Jobs Program, citing a hiring crisis for young people – particularly minority groups. Notably, Mayor Walsh explained, “Instead of seeing justice as a form of punishment, [students] can learn about how the law empowers us and helps us live in peace with our neighbors.” We are well aware that some of Boston’s youth may have only had negative experiences with the law to this point, and that the BBA Summer Jobs Program can transform this perception and help them understand the services it provides to the community.
  • Finally, Mayor Walsh ended his speech with a reminder of what Law Day is about: “So nowhere is the meaning of Law Day more clear than in Boston. Law Day reminds us that the law is not just a career, and it is not just a rulebook. The law is where our most fundamental beliefs meet our most pressing practical needs. In government, especially, we are always mindful that our very existence is a matter of law.”

The mission of the Boston Bar Association is to advance the highest standards of excellence for the legal profession, facilitate access to justice, and serve the community at large. We have always placed a strong emphasis on public service and constantly strive to provide larger numbers of diverse pro bono opportunities, which we encourage all members to take advantage of.

To hear the Mayor of our city recognize our mission and thank the Association for maintaining this tradition means that we as lawyers are fulfilling the promise of our vocation – we are ensuring that appropriate justice is delivered throughout the community for those who need it most. Our skills and knowledge through legal training, along with a culture of service that sets our profession apart, allow us to address the needs and struggles of our fellow citizens. There is no higher calling – no greater vocation – than that.

BBA President Paul Dacier with Boston Mayor Martin J. Walsh.

Dacier’s Take on…Law Day Celebrations in Brighton’s Municipal Court

Published by on May 8, 2014
Dacier’s Take on…Law Day Celebrations in Brighton’s Municipal Court

It is always encouraging to observe young people taking an interest in the legal system and engaging with democracy in a meaningful way. At the BBA, we see this in the sessions of our Law Day in the Schools program, which follow the official observance of Law Day on May 1st every year. This is a time to reflect upon the critical importance of law and the justice system in the United States and educate our young people about how law affects society.

For the second year in a row, we were privileged to attend the Law Day celebration at the Brighton division of the Boston Municipal Court. First Justice Donnelly and Judge Bernstein invited us to participate in an awards ceremony for Brighton public school students, who had participated in an essay and poster contest centered on this year’s theme, “Why Every Vote Matters.” Besides First Justice Donnelly, Judge Bernstein of the Boston Municipal Court, other court staff, and attorneys, Senator William Brownsberger and members of the local police were also in attendance.

We were very impressed by the quality of work exhibited and the insightful comments from the students’ essays that were highlighted in the day’s program book. Here are just a few snippets from middle school students that we found particularly striking:

“At 18, we are given a Constitutional right that involves us in something much bigger than ourselves. The right to vote makes us responsible to society as a whole.”

“Voting is sharing your voice and speaking your mind.” 

“The right to vote is more serious than people think. It is the opportunity to choose who you want to lead your country and protect you and your rights.”

“Everyone has a voice, some are big and some are small. They all sound different, but in the end they all matter…Every vote matters because every opinion has value, and every opinion should be respected and counted.”

“Voting is a serious topic. It is a right, but also a responsibility. It is the ears and eyes of a democracy, listening to the citizens who call out.” 

It was clear that the students, even at this young age, had considered the theme seriously and were drawing from their own diverse experiences to take ownership of the topic and give it a special meaning.  This thoughtfulness was on display at the event, where students eagerly answered First Justice Donnelly’s questions about the American justice system.

Moreover, the diversity and rich backgrounds represented in the student body were a fitting reflection of the theme of American democracy. The patriotism these children showed – from the ideas captured in the winning essays and posters to the fourth grade class, dressed in red, white, and blue, singing a heartwarming rendition of “My Country ‘Tis of Thee” – reminded us of what the true spirit of American democracy is: the importance of recognizing the inclusive ‘melting pot’ that is our country. All of the children were given a chance to express what the law, democracy, and voting rights meant to them and were applauded for their efforts.

This supportive atmosphere emphasized that, above all, Law Day underscores the ‘community’ aspect of the ‘legal community.’ We were proud to be a part of this celebration of American democracy and the ideas of our city’s youth, and encourage them to be active and engaged citizens of the Commonwealth.

for DT

Dacier’s Take on…Learning from Our Judiciary

Published by on May 1, 2014

We have spoken before about our deep and abiding respect for the judiciary. Every day, our judges carry out the noble task of administering justice within the Commonwealth – a task mandated to them by the Constitution as the third co-equal branch of government. We need to listen and to learn from our judiciary because their perspective is expansive and diverse.

Fostering excellence in the profession, and particularly educating new lawyers, is part of the mission of the Boston Bar Association. To that end, the BBA has created programs that promote meaningful interactions and a deeper level of engagement with judges in every stage of a lawyer’s career. Remember, our judges are members of the profession as well; in many cases, they have firsthand experience from practicing before the bench and know very well what it is like to be in that position. Even before then, they were young lawyers – and before that, law students – who were eager to learn more about the profession themselves. All of our judges come from different backgrounds and took different paths to the bench; therefore, there is something new to learn from all of them.

  • Through the Judicial Internship Program, law students learn directly from a judge in an internship with the Boston Municipal Courts, Massachusetts State District Courts, or the Probate and Family Court. Not only do the students become more proficient legal researchers and writers with a better understanding of the intricacies of the Massachusetts court system and the legal system at large, but they also find mentors and professional development experiences that truly enrich the way they approach the profession. It can also provide more guidance as the students determine what path they might take and where they want their careers to go.
  • The BBA recently launched a series of breakfast roundtables in partnership with the U.S. District Court that bring new lawyers into the federal courthouse to meet with a different judge of the court for each session. It is a small, relaxed, and more personal group setting, and it is highly beneficial for the attendees to hear from the judges on a wide range of topics and be able to ask questions. Such a direct learning experience can both enhance a young lawyer’s early experiences in the law and reinforce the importance of the judiciary, the lessons to be learned from it, and its place within the legal community.
  • Even in the later stages of one’s career, there are still many forums to hear from esteemed members of the judiciary and develop a broader understanding of the state’s justice system and where it stands. Bench-bar programs are excellent opportunities for continued learning and contribute to the development of the profession.

It is because there is so much to learn from members of our judiciary that it is incumbent upon all of us to help them by advocating for increased funding year-round so that they have the proper resources to render fair judgment. Not only is it a necessity, but it is also our duty as users of the courts and beneficiaries of the wisdom that our judges so often find the time in their busy schedules to share.

In a recent meeting at the Supreme Judicial Court, bar leaders from all over Massachusetts gathered for a discussion about the state of the courts, this year’s budget priorities, and the status of the Trial Court’s ongoing Strategic Planning Initiative. The numbers from the recently released House budget are an improvement, but they are not enough to bring the courts up to where they should be.

As lawyers, we constantly receive wisdom and equity from our judges. Also, advocating for increased funding is critical to ensuring that their tireless work continues to protect access to justice across our Commonwealth.

Dacier’s Take on…Glenn Mangurian and the Court Management Advisory Board

Published by on April 24, 2014

Learning from outside perspectives is key to progress, growth, and improvement within the legal community. With this in mind, we invited Glenn Mangurian, the Chair of the Court Management Advisory Board (CMAB), to speak at the BBA’s monthly Council meeting. Mangurian brings a unique perspective to the CMAB: he made his career as a management consultant working with large corporations and high-profile leaders, and has no legal background. Now semi-retired, Mangurian joked that he only does things that he wants to do, and added more seriously that working with the courts is at the top of his list.

The CMAB works behind the scenes, so here’s some background on it: the CMAB was mandated by a statute in 2003 following the work of the Monan Commission. Its ten seats are appointed by the Supreme Judicial Court in three-year increments, although each member can be reappointed once. One particularly striking aspect of the CMAB is that it is diverse by practice area – and as Mangurian’s presence on the Board suggests, it is not even all attorneys.

The value this brings, however, is very evident. Mangurian spoke from his experience in management consulting about the emergence of cross-disciplinary teams, which bring a variety of perspectives to bear on solving a particular issue at hand. In the case of the CMAB, users of the court who interact with it in different ways come together in a team approach to fulfill the mission of the courts. Their only agenda is to improve the courts for personnel, attorneys, and litigants alike, and provide confidential, third-party advice to the Trial Court administration.

As Chair, Mangurian’s business background has lent him a keen third-person perspective on challenges the courts face and opportunities for change that may not be as readily apparent to attorneys. For example, he told us that he felt intimidated when called for jury duty. When asked why, he explained that – among other things – the formal letter he received caught him off-guard from the beginning, while concerns about wheelchair accessibility at the courthouse shortly followed. Interactions with the court staff and messaging did not ease his worries. Mangurian compared the courthouse to a hospital’s emergency room: “you are nervous and there in crisis, but for the workers, it is business as usual.”

We can see that under Mangurian’s guidance, the mission of the CMAB is being reenergized – especially because, as he pointed out, this is a great time of change for the Trial Court. In the coming months, we will see a total of six new Chief Justices in the Trial Court and a new Chief Justice and Associate Justice on the Supreme Judicial Court. Over 25 percent of the court system’s judges have been appointed to the bench within the last three years. The Trial Court recently adopted a new strategic plan under its new Chief Justice Paula Carey, which will be implemented with the help of Court Administrator Harry Spence, who is in his third year.

By all means, the climate is right for change and innovation. Going forward, the CMAB is focusing on three major areas:

  • Talent management, as it applies to succession planning and formal leadership development
  • The ‘visitor experience’ at the court – much like the ‘customer experience’ in the private sector
  • Data and the appropriate use of metrics to understand anomalies, while learning to ask the right questions to glean the most information and utility from the data

We think these focus areas are an excellent way to better connect the public to the courts and, by doing so, improve access to justice across the Commonwealth. The issues facing the courts – including insufficient funding and a heavy workload – have repercussions on the legal community as a whole. By addressing these concerns, the CMAB can bolster the structure of how justice is served. Mangurian’s business savvy, coupled with myriad legal perspectives from other Board members, could be the recipe for success to mobilize the courts into a more efficient and effective system, and help to reinforce a fact that is too often overlooked: that our judiciary is coequal branch of government.

Dacier’s Take On…New Lawyers

Published by on April 17, 2014

It is not an easy climate for young lawyers – that is indisputable. A recent report from the American Bar Association shows that within the Class of 2013, only 57 percent of graduates – a little over half – have been able to find long-term, full-time work nine months out of school. The unemployment rate has risen from 10.6 percent in the 2012 class to 11.2 percent. While there has been modest improvement in employment statistics across the board from 2012 to 2013, the numbers are not encouraging. Is there, as some suggest, a ‘crisis’ in the profession?

We would not make light of the difficulties new lawyers face; however, we would also not want to suggest that there are no options following law school. There are myriad opportunities for new lawyers to involve themselves in the profession more fully and a demonstrated need for their skills in the greater Boston community – the challenge is connecting the two. Early involvement in pro bono and legal services work, we have observed, is one of the most effective ways to start to bridge that gap in a way that offers training and continued learning for new lawyers, while assisting those in our community who are most in need.

We have previously mentioned that the rate of pro se litigants across the Trial Court can reach over 80 percent in some counties, a statistic that presents an enormous burden on the courts in terms of time and resources. These unrepresented litigants often do not understand the intricacies of court proceedings and may therefore encounter difficulties in presenting their case.

With the emergence of limited assistance representation (LAR), attorneys can assist these unrepresented litigants with certain parts of their case and help to ensure a more equitable and fair administration of justice. In return, newer attorneys who offer LAR will gain courtroom experience and earn at least part of a fee for the service they provide. The BBA provides general LAR training, as well as breakout sessions led by expert practitioners and judges focusing on how to practice LAR most effectively in the different courts. This is a hugely valuable advantage: you not only acquire a new skill, but you have the opportunity to learn what judges do and do not like to see in their courtrooms.

Similarly, the Lawyer for the Day program in Boston’s Housing Court – developed in a partnership between the BBA, Volunteer Lawyers Project of the Boston Bar Association, Greater Boston Legal Services, WilmerHale Legal Services Center, and the Boston Housing Court – connects attorneys with a demand: litigants who would otherwise appear in court unrepresented can visit the Lawyer for the Day table for advice, mediation, and in some cases assistance at eviction trials. In return, volunteer attorneys learn through direct contact with litigants, work alongside other experienced volunteers – who may be program representatives from large firms – and interact with court staff.

We have written before about the unique set of needs that our nation’s military veterans have and the difficulties they can face in the legal system. Assisting service members who are preparing for or returning from deployment is truly a noble cause. Volunteering at Yellow Ribbon events and working with military personnel directly can preempt any legal issues that could otherwise result in a visit to court.

Getting involved in programs that facilitate introductions to more experienced members of the legal community can present opportunities for growth and mentorship. In addition, it can offer new perspectives on how to navigate the current environment and what options may exist. The BBA is able to provide different forums to learn more about pro bono work and give young lawyers a broader sense of the legal community that might be difficult for them to find on their own. We have held trainings on representing artists and cultural institutions, immigration cases, and pro bono nonprofit clients – to name a few. We encourage new lawyers to explore their options in the legal profession.

To be sure, there are challenges for new lawyers, and while prospects may not always look fruitful, one should not be discouraged. New lawyers need to be creative and constantly pursue their goals, while never forgetting why they chose to enter the profession in the first place. Practicing law means pursuing the calling to protect our Constitution and equal access to justice – and there is always a need for that.