Massbar Beat

Remote depositions remain the norm more than half a year since COVID-19 safety measures were put in place. In this episode, host Jordan Rich talks with attorney Julianne Fitzpatrick of Kenney & Sams PC, Court reporter Laurie Berg and Kenny Zais, the owner and president of O’Brien & Levine Court Reporting Solutions, about their recommendations for conducting a successful remote deposition.

The COVID-19 pandemic continues to alter employment relationships in Massachusetts, which is still grappling with high unemployment rates as many companies are forced to adapt their practices or close. In this episode, hear answers to some frequently asked questions about employment and unemployment as host Jordan Rich interviews attorney Kavita Goyal, a partner at the firm of Rosen & Goyal P.C. in Andover and chair of the Massachusetts Bar Association’s Labor & Employment Section.

The 2020 Elder Law Education Guide, the Massachusetts Bar Association’s 11th Annual resource guide on a wide range of legal issues affecting the lives of older adults, is now available for FREE at www.massbar.org/elderlaw. In this episode of the MassBar Beat, host Jordan Rich talks with two members of the MBA's Elder Law Advisory Committee, attorneys Alex L. Moschella (chair) and Josephine Babiarz, about the guide's COVID-19 Checklist -- a new addition this year, which offers important recommendations on the forms and decisions older adults should have ready in case they are sidelined with COVID-19 or any other potentially serious illness.

How should companies prepare for the coronavirus (COVID-19)? In this episode, host Jordan Rich speaks with Jaclyn McNeely, an employment law attorney at Morgan, Brown & Joy in Boston, about some of the issues employers should consider as they balance health and safety obligations with privacy and anti-discrimination laws. (Interview conducted Friday, March 6.)

Appealing a judge's divorce or custody ruling can be fraught with challenges, particularly when children are involved. In this episode, host Jordan Rich interviews attorney Matthew P. Barach, author of "The Family Law Guide to Appellate Practice" (2019, ABA Book Publishing), about what makes family law appeals unique and why alternatives to an appeal are often better options.

Not all legal malpractice insurance policies are created equal. Does your policy protect against cybercrimes? Are you covered when you retire? Does the fine print include a so-called hammer clause? In this episode, MBA Insurance Agency President Terry Welsh talks with host Jordan Rich about what to look for — and what to look out for — when choosing the right legal malpractice insurance coverage for your practice.

In the world of dispute resolution, restorative justice flips the script on punitive justice and instead asks: Who has been harmed, what are their needs and who has the obligation to fix the harm? The restorative justice model has been catching on as an alternative form of dispute resolution even beyond the criminal justice arena, as more schools and companies, particularly in the #MeToo era, shift the focus to the victim's perspective. In this episode, Attorney Sarah Worley, chair of the Mass. Bar Association’s Dispute Resolution section, talks with host Jordan Rich about the advantages of a restorative-justice approach, and when it might be appropriate.

The Sixth Amendment guarantees the right to counsel for criminal defendants who cannot afford to pay for an attorney. But a shortage of lawyers able to represent indigent defendants in Western Massachusetts is again placing a burden on public defenders and the courts. In this episode, host Jordan Rich speaks with Anthony Benedetti, chief counsel of the state Committee for Public Counsel Services (CPCS), about the factors contributing to this recurring problem, and how an increase in the hourly rate for private bar advocates could be part of the solution.

The Massachusetts Bar Association’s award-winning Tiered Community Mentoring Program (TCM), based in Boston and Worcester, introduces urban high school students to information about college, provides pre-law college students with information about the law school admission process and gives law students an inside view of the practice of law with their attorney mentors. As this unique mentoring program celebrates its 10th Anniversary, Host Jordan Rich interviews past participants and current administrators about how TCM has helped students build a diverse network and enrich their careers.

The new Massachusetts law governing noncompete agreements went into effect in October 2018, bringing a new measure of fairness to the workplace. In this episode, host Jordan Rich interviews attorneys Dahlia C. Rudavsky and Ellen J. Messing of Messing, Rudavsky & Weliky PC, about the protections for employees included in the new law.

Who protects the legal rights of children? In the commonwealth, the non-profit Children’s Law Center of Massachusetts (CLCM) is on the front lines helping kids access the social services and legal assistance they need, from foster care and child welfare to education/special education, immigration and mental health issues. In this episode, Jordan Rich talks with attorney Jessica Berry, the CLCM deputy director, about her organization's advocacy efforts, community-wide trainings and individual legal resources available for juveniles, from birth to age 22.

At its Annual Dinner on May 9, the Massachusetts Bar Association will present the 2019 Access to Justice Awards to six attorneys and one law firm, in recognition of their exemplary legal skills and service to the community. In this episode, host Jordan Rich talks with the honorees about the inspiring stories behind their awards. The 2019 Access to Justice Award winners are: Rising Star, Gina Plata-Nino (Worcester); Legal Services Attorney, Luz A. Arévalo (Boston); Pro Bono Law Firm, Sherin and Lodgen LLP (Boston); Pro Bono Publico Attorney, Stephen A. Smith (Norfolk); Defender, Tinia L. Snow (Roxbury); Prosecutor, Adrian Bispham (Boston); and Lifetime Achievement Award, Judith Liben (Boston).

The traditional “deny and defend” attitude to claims of medical malpractice may be changing as doctors and hospitals embrace transparency, disclosure, and even apologies following medical errors. In this episode, host Jordan Rich talks with Boston attorney and patient-safety advocate Jeffrey Catalano of Todd & Weld LLP about how medical transparency in med-mal cases is gaining traction in Massachusetts and elsewhere, as medical professionals work more openly with patients to prevent problems in the future.

For attorney Lynne Parker, the 20th Annual Walk to the Hill for Civil Legal Aid on Jan. 24 at the Massachusetts State House will be her first as the new executive director of the Massachusetts Legal Assistance Corporation (MLAC). But Parker is no stranger to the world of legal aid, having worked more than three decades advocating on behalf of low-income residents, most recently in New Hampshire. In this episode, Parker talks with host Jordan Rich about MLAC’s role as one of the primary funders of civil legal aid organizations in Massachusetts and why funding for legal aid — the drive behind the Walk to the Hill event — is so vital to low-income Massachusetts residents facing life-changing legal challenges. For more information on the Walk to the Hill for Civil Legal Aid, see www.equaljusticecoalition.org.

If you're fortunate enough to hit the jackpot in Massachusetts, you'll quickly find that winning the lottery is more than just a question of numbers. There are several considerations to think about before you're able to enjoy your winnings. Who claims the prize? Who signs the winning ticket? Should you take a lump sum or installment payments? Should you go public with your good news? In this episode, Nancy Weissman, an attorney whose practice includes representing lottery winners, talks with host Jordan Rich about what to expect if you win the lottery in Massachusetts.

If you're a tenant or a landlord, do you know who is responsible for shoveling or clearing the entrance way in the winter? Who pays for heat and other utilities? Can you be thrown out in the snow? In this episode of the MassBar Beat, host Jordan Rich talks with attorney Michael L. Lonzana, vice chair of the Massachusetts Bar Association's Real Estate Law Section, about some common housing issues that arise in rental situations.

In this episode, host Jordan Rich talks with new Massachusetts Bar Association President Christopher A. Kenney about his goals for the 2018-19 year, including the MBA's role in promoting civics and civic education. Kenney also unveils plans for the MBA Trial Academy, which will train the next generation of trial lawyers and encourage them to provide limited assistance representation (LAR)to unrepresented individuals in court. The MBA's Leadership Academy and the association's work with the courts on lawyer well-being are also discussed.

Do you need a license to drive a boat? Can you swim on a private beach? Are you allowed to have a fire pit or serve alcohol at your backyard BBQ? In this episode, host Jordan Rich talks with Boston attorney Samuel A. Segal, chair of the Massachusetts Bar Association's Young Lawyers Division, about the Massachusetts laws governing everyone's favorite summertime activities.

How do you find a lawyer who speaks your language when your English is limited? What happens when you go to court? In this episode, which is also available in Spanish, learn about the resources available to help non-English speakers successfully navigate the courts in Massachusetts. Host Jordan Rich speaks with attorney Melissa A. Juárez about the multilingual resources offered by the Massachusetts Bar Association's Lawyer Referral Service, and the translation services offered by the courts. You'll also learn about some new ideas for increasing access to justice in Massachusetts, including Spanish-language drug courts. (También disponible en Español.)

¿Cómo puede encontrar un abogado que hable su idioma cuando su inglés es limitado? ¿Qué pasa cuando va a la corte? En éste episodio, que también está disponible en Español, conozca los recursos disponibles para ayudar a los que no hablan inglés a tener éxito en los tribunales de Massachusetts. La anfitriona, Iliana Burton, habla con la abogada Melissa A. Juárez sobre los recursos multilingües ofrecidos por el Servicio de Referencia de Abogados de la Asociación de Abogados de Massachusetts, y los servicios de traducción que ofrecen las cortes. También aprenderá sobre algunas ideas nuevas para aumentar el acceso a la justicia en Massachusetts, incluídos Las cortes de drogas en Español. (This podcast is also available in English.)