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Expanding Lawyer for Day at Housing Court: One Piece of Homelessness Puzzle
By James D. Smeallie President’s Page In March of this year, the Boston Bar Foundation (BBF) released a groundbreaking study assessing the practical impact of legal representation in eviction cases....
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Fall 2012 Table of Contents
Fall 2012 President’s Page Expanding Lawyer for Day at Housing Court: One Piece of Homelessness Puzzle - By James D. Smeallie Featured Articles 20/20 on 2020: Predictions for the Future of Social Media...
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Eaton v. Federal National Mortgage Association: Additional Burdens Provide...
By Richard A. Oetheimer and Diane C. Tillotson Counterpoint From the perspective of conveyancing attorneys and national mortgage lenders and servicers, the recent foreclosure decisions from the...
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EATON, TITLE and FORECLOSURE: Where Is “Here,” How We Got “Here,” and Where...
By Paul R. Collier, III Point A quartet of decisions by the Supreme Judicial Court rejected mortgage lending industry efforts to immunize itself from liability for predatory and reckless loan...
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Staying Out of Harm’s Way – Avoiding Legal Malpractice Claims
By Robert L. Ullmann and Jonathan L. Kotlier Practice Tips Every law firm—no matter its size, reputation, or practice area—will someday face the specter of a legal malpractice claim. No firm is...
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Avoiding Immigration-Related Employment Discrimination: Tips for Employers
By Anjali Waikar Practice Tips As the national debate concerning immigration reform continues, the federal government has turned its attention to cracking down on employers who hire unauthorized...
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Wearing Two Hats: Being a Mediator and a Trial Judge
By Judge Judith Gail Dein Voice of the Judiciary If you have had any cases in federal court, you have probably been asked at various times by the trial judge if your case is ripe for ADR (alternative...
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Privilege Precludes Asking: What was the Judge Thinking
By Judge Nancy Gertner Case Focus On August 9, 2012, the Supreme Judicial Court, for the first time, recognized the existence of a “judicial deliberative privilege.” In re Enforcement of Subpoena,...
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Kids Speak and Lawyers Listen, Thanks to Boston Debate League Partnership...
By J.D. Smeallie, President, Boston Bar Association President’s Page When Tarae Howell, then a public high school student in Newark, New Jersey, signed up for the Jersey Urban Debate League, becoming a...
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Winter 2013 Table of Contents
Winter 2013 PRESIDENT’S PAGE Kids Speak and Lawyers Listen, Thanks to Boston Debate League Partnership with Boston Bar By James D. Smeallie CASE FOCUS Privilege Precludes Asking: What was the Judge...
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The Sword and the Shield Revisited: Developments in the Implied Waiver of...
by Jonathan I. Handler, Jillian B. Hirsch, and Emily Zandy Legal Analysis Recently, the Massachusetts Supreme Judicial Court ( “SJC”) and the United States District Court for the District of...
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The Phifer and Berry Decisions And The Future Of Cell Phone Searches
by John T. Mulcahy Legal Analysis The Supreme Judicial Court (the “SJC”) recently ruled in two factually similar cases that police can conduct a warrantless cell phone search pursuant to the “search...
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Government Professionals as False Claims Act Whistleblowers, and What...
by Chris Barry-Smith Heads Up Spurred by federal monetary incentives, the Massachusetts legislature in 2012 amended the Massachusetts False Claims Act, G.L. c. 12, §§ 5A-5O (“MFCA”) to allow government...
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Are In-Firm Communications About A Current Client Privileged?
by David A. Barry and William L. Boesch The Profession Introduction In the midst of a law firm’s handling of a case, a client announces that he believes the firm may have mishandled the matter and that...
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Reflections on My Rookie Year
by Judge Robert B. Foster Voice of the Judiciary This past December 30th marked the first anniversary of my taking the oath as a Justice of the Land Court. Now that I’m no longer a rookie judge, it’s a...
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Introducing the BBA Statewide Task Force to Expand Civil Legal Aid in...
by J.D. Smeallie President’s Page At a dinner last March, I sat next to the Editor in Chief of American Lawyer. I told him that I would soon be the president of the Boston Bar Association and that one...
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Table of Contents
SPRING 2013 PRESIDENT’S PAGE Introducing the BBA Statewide Task Force to Expand Civil Legal Aid in Massachusetts by J.D. Smeallie VOICE OF THE JUDICIARY Reflections on My Rookie Year by Judge...
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Time To Raise The Bar: Pending Legislation to Raise the Age Limit for...
by Naoka Carey Vantage Point Every year, Massachusetts sends thousands of high-school-aged kids into our adult criminal justice system. In contrast to most other laws about children in the...
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Not Just the Facts: Commonwealth v. Walczak Tells Prosecutors When to...
by Alex Philipson Case Focus In the mid-1920’s, in one of America’s most sensational cases of juvenile homicide, teenagers Nathan Leopold and Richard Loeb bludgeoned a neighbor to death in Chicago. At...
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The Top Ten Questions to Ask your Juvenile Client about School
by Bryna G. Williams, with content and editorial assistance from Marlies Spanjaard Practice Tips Representing juveniles in court cases, whether in Child Requiring Assistance (“CRA”), Care and...
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