Practicing With Professionalism Resource Materials - MCLE

PRACTICING WITH PROFESSIONALISMand the standard of care. Mr. Bolan is “AV” rated in Martindale-Hubbell LawDirectory. He has been recognized as one of the top 100 lawyers in Massachusetts, a Massachusetts Super Lawyer by Boston Magazine/Law and PoliticsMagazine, and a New England Super Lawyer in 2004 through 2014. Mr. Bolanis also a top-rated “10” by AVVO. A graduate of Belmont Hill School (1966),Trinity College (1970), and Boston College Law School (1973), Mr. Bolan isadmitted to the bar in Missouri (1973, inactive) and Massachusetts (1975). Hestarted practice in Kansas City in 1973 as a legal services lawyer. From 1978 to1983, he was an assistant bar counsel in Massachusetts, and from 1983 to 1991he was with Chaplin & Milstein as an associate and then as a partner. He startedthe firm of Bolan & Graeber, PC, in 1991, which became Bolan, Frank & Graeber,PC, in 1992. He joined the present firm, where he is the head of the litigationdepartment, in January 1999.HON. MARGOT BOTSFORD is an associate justice of the Massachusetts Supreme Judicial Court in Boston. Previously, she was an associate justice of theMassachusetts Superior Court, an assistant attorney general in the Office of theMassachusetts Attorney General, and an assistant district attorney for MiddlesexCounty. Judge Botsford is a graduate of Harvard University Kennedy School ofGovernment, Northeastern University School of Law, and Barnard College.STEPHEN M. CASEY is the chief financial officer of the Massachusetts Intereston Lawyers’ Trust Accounts (IOLTA) Committee in Boston. He is primarilyresponsible for the financial component of the IOLTA program, including managing the 200 participating financial institutions and 15,000 lawyer and law firmIOLTA accounts. He also provides technical assistance to lawyers and law firmsin managing their client funds in accordance with the Massachusetts Rules ofProfessional Conduct. Prior to working at IOLTA, he worked for a number ofyears in the financial services industry. Mr. Casey is also a past president andboard member of the National Association of IOLTA Programs. He is a nationallyrecognized consultant on matters critical to IOLTA programs, and has presentedon numerous IOLTA-related topics at meetings of the American Bar Associationand the Association of Canadian Law Foundations. Mr. Casey is a graduate ofthe University of Massachusetts at Amherst and the Northeastern UniversityGraduate School of Business Administration.SARAH A. CHAMBERS is currently an assistant bar counsel at the Office ofthe Bar Counsel in Boston, where she investigates and prosecutes ethical complaints involving Massachusetts attorneys. From 1986 to 2002, Ms. Chambersworked as an assistant federal defender in Connecticut. Before that, she was agraduate fellow at Georgetown School of Law and a law clerk in Superior Courtin Washington, DC. Ms. Chambers is a graduate of Northeastern UniversitySchool of Law and Colby College, and is currently on the Northeastern UniversitySchool of Law Alumni/ae Association Board of Directors.vi2nd Edition 2015

DANIEL R. COQUILLETTE is the Charles Warren Visiting Professor of American Legal History at Harvard Law School and the J. Donald Monan UniversityProfessor of Law at Boston College. He received a B.A., summa cum laude,from Williams College (1966), and earned a Fulbright Scholarship to study lawat University College, Oxford University, England, where he earned a B.A.(1969) and an M.A. (1980). He acquired a J.D., magna cum laude, from HarvardLaw School (1971), served as an editor of the Harvard Law Review, and went onto clerk for Associate Justice Robert Braucher of the Supreme Judicial Court ofMassachusetts and Chief Justice Warren E. Burger of the U.S. Supreme Court.He then taught legal ethics on the faculty of the Boston University Law School,taught as a visiting professor at Cornell Law School and Harvard Law School,and was a partner for six years at the Boston law firm of Palmer & Dodge, wherehe specialized in complex litigation. He became dean of Boston College LawSchool from 1985 to 1993, and was named J. Donald Monan University Professor in 1996. Among his many outside activities, he is an advisor to the AmericanLaw Institute’s Restatement on Law Governing the Legal Profession, a memberof the Harvard University Overseers’ Committee to Visit Harvard Law School,and Reporter to the Committee on Rules of Practice and Procedure, JudicialConference of the United States. For five years he was chairman of the Massachusetts Bar Association Committee on Professional Ethics and chairman of theTask Force on Unauthorized Practice of Law. He also served on the AmericanBar Association Committee on Ethics and Professional Responsibility, the Boardof the American Society of Legal History, the Massachusetts Task Force onModel Rules of Professional Conduct, the Massachusetts Task Force on Professionalism, and the Special Committee on Model Rules of Attorney Conduct ofthe Supreme Judicial Court of Massachusetts.HON. DANIEL C. CRANE is an associate justice of the Massachusetts DistrictCourt. Prior to his appointment to the bench, he served as undersecretary of theOffice of Consumer Affairs and Business Regulation, chair of the Board of BarOverseers, and chief bar counsel, responsible for investigating and prosecutingallegations of lawyer misconduct. During his twenty-four years of private lawpractice, he was president of the Massachusetts Bar Association and the Massachusetts Bar Foundation. He holds an undergraduate degree from Harvard College and a J.D. from Boston College Law School.KAREN DEAN-SMITH is a sole practitioner in Charlestown, where she focusesin civil and criminal litigation at the appellate and trial levels. She has been appointed a guardian ad litem, adjudicatory master, and discovery master. Sheclerked for the Superior Court Department and the Honorable Ruth Abrams ofthe Supreme Judicial Court. Ms. Dean-Smith is a graduate of Boston CollegeLaw School and Radcliffe College/Harvard University.2nd Edition 2015vii

PRACTICING WITH PROFESSIONALISMELAINE M. EPSTEIN is a partner at Todd & Weld LLP, where she has directedthe firm’s domestic relations and probate litigation practices since 1994. Shenow brings more than thirty-five years of experience to these areas, having trieddozens of cases and handled issues ranging from substantial asset divisions tocutting-edge parental and property rights of nonmarried cohabitants, the rightsof nonbiological parents, and complex jurisdictional issues. Ms. Epstein has along history of involvement in activities that promote and educate attorneys andfurther public understanding of the law, in particular the advancement of womenattorneys. She is a past president of the Massachusetts Bar Association and wasone of the founders and the first president of the Women’s Bar Association. Byappointment of the Supreme Judicial Court, Ms. Epstein has served on the Boardof Bar Overseers, the Advisory Committee on the Rules of Professional Conduct, and the Massachusetts IOLTA Committee. She is a former trustee of theMassachusetts Bar Foundation and MCLE, and has been a chair and member ofnumerous other bar-related committees and boards. Ms. Epstein is a frequentMCLE lecturer and commentator on domestic relations law and practice. Repeatedly named in The Best Lawyers in America and by Boston magazine as aMassachusetts and New England “Super Lawyer” in family law, she received theWomen’s Bar Association’s Lelia J. Robinson Award in 1999 in recognition ofoutstanding accomplishments and contributions to women in the legal profession.JEFFREY FORTGANG is a clinical psychologist and a member of the staff ofLawyers Concerned for Lawyers (LCL). He has directed substance abuse anddual diagnosis programs at Westwood Lodge Hospital and Bay Colony/SpoffordHall Outpatient Services, and also served part-time for many years on the staffof McLean Hospital and as a substance abuse consultant to Newton-WellesleyHospital. A member of the American Psychological Association and the National Register of Healthcare Providers in psychology, Dr. Fortgang is also an instructor in psychology at Harvard Medical School. He is licensed in Massachusetts as both a psychologist and an alcohol/drug counselor. On the clinical staffof LCL since 1998, he has become familiar with the stresses and challengesfaced by attorneys, has led discussion groups for solo practitioners, and has written a number of articles for LCL. He also maintains a half-time private practice.Dr. Fortgang earned his undergraduate degree at Yale (1971) and his Ph.D. inclinical psychology from Adelphi University (1980).ANN D. FOSTER is an attorney and licensed chemical dependency counselor,and she is a former director of the State Bar of Texas Lawyers Assistance Program. She is a graduate of Smith College, the University of Texas School ofLaw, and St. Edward’s University (master’s in Counseling).MICHAEL E. HALL is a counselor and consultant in Charlotte, North Carolina.He is a certified career management fellow and has provided organizational,viii2nd Edition 2015

career, marital, and leadership development services to clients across the country.He earned his Ph.D. in counseling psychology from Pennsylvania State University.SHEILA A. HUBBARD is the executive director of the Volunteer Lawyers Project (VLP) of the Boston Bar Association, which provides free civil legal assistance to low-income residents of Greater Boston, primarily through the pro bonoservices of private attorneys. She has dedicated her entire professional career topublic service in government, higher education, and the nonprofit arenas. Shehas worked as a homeless specialist for the Department of Social Services, onissues of diversity as the director of Boston’s Minority and Women BusinessEnterprise Office, and on criminal justice issues as the chair of the Massachusetts Parole Board, where she supervised 240 employees responsible for 5,000parolees and a 13.1 million budget. During her seven-year tenure as chair, shewas elected president of the Association of Paroling Authorities International.She has also been the associate director of the Office of Public Interest Advisingat Harvard Law School, working with law students and alumni who wanted topursue public interest and legal service careers. Immediately prior to VLP, shewas the senior program director for the Equal Justice Initiative in Montgomery,Alabama, working on issues of race and poverty, parole and probation, and juvenile justice. Last year she was appointed to the Boston Bar AssociationStatewide Task Force to Expand Civil Legal Aid and is serving her third year onthe Boston Bar Association Council. She is a 1982 graduate of Yale College anda 1985 graduate of Harvard Law School.RONALD F. KEHOE is an assistant attorney general in the Office of the Attorney General in Boston, where he defends civil cases brought in state and federalcourts against the Commonwealth and its agencies. Previously, he was a partnerwith or counsel to three major Boston law firms. He represented lawyers in disciplinary proceedings for more than twenty years. He served as an MCLE panelmember on practicing before the Board of Bar Overseers. Mr. Kehoe was amember of the Committee for Public Counsel Services and a member of theboard of the Boston Bar Association. He is a graduate of Dartmouth College andHarvard Law School.OWEN KELLY is a psychologist at the Ottawa Institute of Cognitive Behavioural Therapy as well as an adjunct professor at Carleton University. Previously,he was a psychologist in the Anxiety Disorders Program at the Royal OttawaMental Health Centre. Dr. Kelly received his Ph.D. in psychology with a specialization in behavioural neuroscience from Carleton University in 2005.THOMAS F. MAFFEI is a partner in the litigation department of Sherin andLodgen LLP. He has extensive experience in civil litigation, including legal malpractice cases, bar disciplinary matters, business litigation cases, insurance defense and coverage matters, and construction cases. He often acts as a mediator2nd Edition 2015ix

PRACTICING WITH PROFESSIONALISMor arbitrator and has been retained as an expert witness on civil litigation andlegal ethics issues. Mr. Maffei is a past president of the Massachusetts Bar Association, a former member of the Board of Bar Overseers, and a fellow of theAmerican College of Trial Lawyers. He is a graduate of Boston College andBoston College Law School, and teaches professional responsibility at BostonCollege Law School and Suffolk University Law School.JUDITH A. MCMORROW teaches torts, professional responsibility, and relatedtopics at Boston College Law School. She has written many articles on topics ofprofessional responsibility and age discrimination (with a focus on retirementpolicy). Professor McMorrow has been active in pro bono activities, includingrepresenting women in Massachusetts seeking commutation based on batteredwoman syndrome, and in promoting the interdisciplinary practice of law. Aftergraduating from the University of Notre Dame Law School in 1980, she clerkedfor the Honorable Gilbert S. Merritt of the U.S. Court of Appeals for the SixthCircuit, and for Chief Justice Warren E. Burger of the U.S. Supreme Court. Shepracticed with the Washington, DC, law firm of Steptoe and Johnson before enteringteaching in 1985.RICHARD L. NEUMEIER is a partner in the Boston office of Morrison Mahoney LLP, where he concentrates in the areas of appellate advocacy, insurancecoverage, professional liability, and employment law. Prior to joining MorrisonMahoney LLP, he was a partner with McDonough, Hacking, Neumeier & LavoieLLP (1995–2003) and a partner with Parker, Coulter, Daley & White (1973–1995). Mr. Neumeier is admitted to the bars of New York and Massachusetts, theU.S. District Courts for the Southern and Eastern Districts of New York, the U.S.District Court for the District of Massachusetts, the U.S. Court of Appeals forthe First Circuit, the U.S. District Court for the District of Rhode Island, and theU.S. Supreme Court. From 1992 to 2014, he has served as the editor of DefenseCounsel Journal, a publication of the International Association of DefenseCounsel. Mr. Neumeier is active in the American, Massachusetts, and BostonBar Associations. He is the former chair of the Massachusetts Bar Associationcommittee on professional ethics (1980–1982), the Boston Bar Association ethics committee (1994–1997), and the special committee on professional responsibility of the International Association of Defense Counsel (2003–2008). Mr.Neumeier’s articles have been published in the Massachusetts Law Review, theTort Trial & Insurance Practice Law Journal, Massachusetts Lawyers Weekly,and Defense Counsel Journal, among others. He is a graduate of the Universityof Chicago (B.A., M.A.) and Columbia University Law School (J.D.).EDWARD (“NED”) NOTIS-MCCONARTY is a partner at Hemenway & BarnesLLP in Boston, where his practice concentrates on probate litigation, civil litigation, and fiduciary work. Mr. Notis-McConarty has held a number of leadershiproles in the bar. He is currently serving as treasurer and trustee of the Boston Barx2nd Edition 2015

Foundation, where he sits on the investment committee. He has recently servedon the Council of the Boston Bar Association and as a cochair of the New Lawyers in Transition Task Force. Mr. Notis-McConarty is a former chair of the Probate and Estate Planning Section Council of the Massachusetts Bar Association.He is the chancellor of the Episcopal Diocese of Massachusetts and is a trusteeof the Trustees of Donation of the Episcopal Diocese. In 2008, Mr. NotisMcConarty received the Adams Pro Bono Publico Award from the Supreme Judicial Court. He graduated from Harvard College in 1973 and from Boston CollegeLaw School in 1977, after which he clerked for the Honorable Ruth I. Abrams ofthe Supreme Judicial Court before joining Hemenway & Barnes.NANCY PAYEUR is the professional practice leader for patient and familycounseling services at the British Columbia Cancer Agency (BCCA), VancouverIsland Centre. She holds a master of social work degree from Wilfrid LaurierUniversity.REGINA E. ROMAN is managing partner and a member of the executive committee of Sugarman, Rogers, Barshak & Cohen, PC, in Boston. She advises andrepresents insurance companies in coverage disputes with insureds and othercarriers and in extracontractual liability and bad faith actions. She also frequently represents attorneys and other professionals in malpractice and business litigation, and was appointed by the Massachusetts Supreme Judicial Court to theBoard of Bar Overseers in July 2013. She is a graduate of Harvard Law Schooland Brown University.GILDA TUONI RUSSELL is a Massachusetts attorney. She was previously apartner in Holland & Knight LLP, where she served as the firm’s ethics and conflicts counsel. She received her J.D. from Boston College Law School, an LL.M.from Harvard Law School, and an M.T.S. from Harvard Divinity School. Ms.Tuoni Russell served as a law clerk to the late Justice Francis J. Quirico of theMassachusetts Supreme Judicial Court and as a law clerk to the justices of theMassachusetts Superior Court. She has taught in several law schools across thecountry and has been on the faculty of many continuing legal education programs. Ms. Tuoni Russell has written a number of books, articles, chapters, andcontinuing legal education materials, and has spoken widely in the area of legalethics.JEFFREY S. STERN joined The Mediation Group in 2015, following a distinguished career as a trial lawyer with Sugarman, Rogers, Barshak & Cohen, PC.During a career of over forty years, he tried more than fifty jury cases to verdict,including product liability (for both plaintiffs and defendants), medical malpractice (for both plaintiffs and defendants), professional liability, insurance coverage disputes, a wide variety of business disputes, and probate matters. Mr. Sternalso integrated an active ADR practice into his professional life, mediating more2nd Edition 2015xi

PRACTICING WITH PROFESSIONALISMthan five hundred cases and arbitrating more than fifty. He has been a guest lecturer at the law schools of Harvard University, Boston College, Boston University, and Northeastern University. Mr. Stern was selected as a fellow of the American Co

Practicing with Professionalism . may download the entire print version of this bookalong with a wide array of su p-plemental electronic materials, as described below. We trust that this publication will serve as a valuable companion for . Practicing with Professionalism. and a continuing resource for research and reference in daily practice.