Massbar Beat

The Massachusetts Bar Association Clemency Task Force was formed to review the clemency process in Massachusetts (commutations and pardons), and to propose changes in areas that have resulted in denial of equal justice under the law and undermined public trust and confidence in our criminal legal system. In March 2021, the task force issued a report (www.massbar.org/ClemencyReport) recommending a series of reforms to be adopted by state leaders. In this episode of the MassBar Beat, host Jordan Rich talks with MBA Clemency Task Force members, including retired Supreme Judicial Court Justice Robert J. Cordy and attorneys Sabrina E. Bonanno (co-chair) and Patricia A. Dejuneas, about the task force’s recommendations and why these changes are necessary.

In this episode, host Jordan Rich talks with Jill Joyce, HUD Certified Housing Counselor and Certified HECM Counselor, and attorney Stephen Pepe, an HECM Loan Specialist at Reverse Mortgage Funding LLC, about the benefits of using reverse mortgages, as well as what to look out for when applying for one. This is one of three companion MassBar Beat podcast episodes released in conjunction with the publication of the 2021 edition of the Elder Law Education Guide (ELG), the 12th edition of the Massachusetts Bar Association’s resource guide on a wide range of legal issues affecting the lives of older adults, which is available for free at www.massbar.org/ElderLaw.

In this episode, host Jordan Rich talks with attorney Alex L. Moschella, chair of the MBA's Elder Law Advisory Committee, and Nicole McGurin, Director of Family Services, Alzheimer's Association, Massachusetts/New Hampshire Chapter, about the common questions that arise when older adults experience physical or cognitive impairments later in life that could affect their driving, as well as resources available to help. This is one of three companion MassBar Beat podcast episodes released in conjunction with the publication of the 2021 edition of the Elder Law Education Guide (ELG), the 12th edition of the Massachusetts Bar Association’s resource guide on a wide range of legal issues affecting the lives of older adults, which is available for free at www.massbar.org/ElderLaw.

In this episode, host Jordan Rich talks with attorney Josephine Babiarz, a member of the MBA's Elder Law Advisory Committee, about frequently asked questions related to Medicare, including who is eligible; how to enroll; and the differences between parts A, B, C and D. This is one of three companion MassBar Beat podcast episodes released in conjunction with the publication of the 2021 edition of the Elder Law Education Guide (ELG), the 12th edition of the Massachusetts Bar Association’s resource guide on a wide range of legal issues affecting the lives of older adults, which is available for free at www.massbar.org/ElderLaw.

Finding a lawyer to take your case can be daunting if you’ve never hired a lawyer before. In this episode, host Jordan Rich helps demystify the process as he talks with Andover attorneys Paul J. Klehm of Krasnoo, Klehm & Falkner LLP and Edward Denn of Denn Law Group LLC about what information attorneys look for when determining whether to take a case and how clients can best prepare for the initial meeting with their attorney.

The decision to stop working is just one of many important decisions you'll have to make when thinking about retirement. In this episode, learn the steps to take when you're considering retirement as host Jordan Rich talks with attorney Patrick Curley of the Curley Law Firm in Wakefield, Mass. In addition to answering some common retirement questions about Social Security, 401Ks and IRAs, Medicare/Medicaid, and taxes, Curley discusses the importance of having an estate plan and how planning documents, such as wills, trusts, health care proxies, durable powers of attorney and others, should be part of your retirement planning.

Hackers are taking advantage of the COVID-19 pandemic, increasing the cybersecurity risks for many people — especially those working remotely. In this episode, host Jordan Rich talks with Eric and Lisa Shorr, co-owners of Secure Future Tech Solutions, who share recommendations for protecting your technology, software and data, whether at home or in the office. Tune in to learn more about cloud-versus-local data storage, anti-virus software, password managers, email encryption, and more, including how to protect yourself from phishing scams.

A fresh start for individuals who find themselves burdened with unmanageable debt is one potential benefit of filing for bankruptcy. But there are also significant consequences for those who decide to take that step. On this episode, host Jordan Rich talks with MBA members and bankruptcy lawyers Jordan Shapiro and Richard Ravosa about the ins and outs of filing for bankruptcy, the options available for consumers, and the considerations to keep in mind when looking for debt relief.

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).