Inside: • up and Coming Lawyers • Diversity Heroes •“The Lawscars” • Excellence in Legal Journalism Award

Inside: • Up and Coming Lawyers • Diversity Heroes •“The Lawscars” • Excellence in Legal Journalism Award

tion w celebra e in the la Excellenc May 20, 2010 5:30-8 p.m. Boston Marriott Copley Place For questions regarding the event, contact Melissa Mitchell at 617-218-8213 or [email protected] by:

Presented by:

Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B3

In this special section, Lawyers Weekly highlights 20 “rising stars” — Massachusetts lawyers who have been members of the bar for 10 years or less, but who have already distinguished themselves in some manner and appear poised for even greater accomplishments. WILLIAM J. BARABINO

By Eric T. Berkman Since then, Barabino’s solo practice has grown as he’s obtained dozens of acquittals Wakefield criminal defense lawyer and dismissals in everything from drunk- William J. Barabino started his career driving and probation-violation cases to with two high-profile cases and hasn’t rape and murder. But he’s especially proud slowed down since. of representing youthful offenders. On his very first day of practice, he walked “It’s such a big responsibility, because juve- into Salem District Court only to be greeted niles are only charged as adults for the most by a pool of cameras serious crimes,” Barabi- and a reporter from no says. “I’m represent- The Boston Globe. It “I’m representing ing the people who turned out they were need it the most.” covering the bail hear- the people who The case that ing of a man accused of stands out most for indecent assault and need it the most.” him involved a 15- battery. It also turned year-old charged out the man was Bara- with assault with in- bino’s client. tent to murder. The But instead of being defendant was distracted by the me- AGE:38 found not compe- dia, Barabino did what GRADUATED:Massachusetts tent to stand trial he was trained to do: School of Law, 2003 but still was held on focus on his client’s $50,000 bail until case. And the defen- POSITION:Sole practitioner, Barabino success- dant was released on Wakefield fully challenged the personal recognizance constitutionality of instead of the $50,000 One thing about him that the youth’s confes- bail the district attor- might surprise people:“I’ve sion. The charges ney was requesting. been authorized to repre- were ultimately dis- “I realized I was sent Guantanamo prisoners missed. there for my client since August 2003.” “He would have and not the media,” otherwise sat in jail or says Barabino, who a locked facility for was an Army para- years [awaiting trial],” trooper before going to law school. “But Barabino says. “I remember driving him the real key to my success was that I was home from court and having his mother bow prepared.” to me in what looked like a vow of apprecia- Less than a year later, after leaving a small tion. She was a Cambodian immigrant who firm and going solo, Barabino found him- had been a victim of the Khmer Rouge [in self before the Supreme Judicial Court as the 1970s], and in a way she felt re-victim- co-counsel in a criminal appeal. Though ized not being with her son. We brought them he didnot argue the matter, he played a key back together. It was very emotional.” MLW research role. The case resulted in a new rule allowing judges to instruct juries to Eric T. Berkman, an attorney and for- view with “great caution” any confession merly a reporter for Massachusetts

that is not recorded by police. Lawyers Weekly, is a freelance writer. SHUB ELLEN Massachusetts Lawyers Weekly www.masslawyersweekly.com B4 April 19, 2010 SARAH R. BOONIN

By Jeannie Greeley the midst of the violence.” Inequality is no stranger to Boonin. She got her Sarah R. Boonin is the type of attorney you thank first taste of it as a Duke University undergrad with at the end of an interview, not out of courtesy or ne- the Center for Global Education, traveling to Mex- cessity, but because you honestly believe her work may ico and Nicaragua to examine gender equality and affect you or someone you love social justice. Her experiences in a profound way. were later deepened when she She is one part philanthropist, worked as a program director several parts activist, and a few “I have always for the Feminist Majority Foun- more parts feminist, in an equa- dation. With each step, Boonin tion that makes her a total pow- had a passion for grew closer to the law. erhouse attorney. “Given my interest in equal- Hailed as one of the most ac- social justice.” ity, I felt I had to really under- complished attorneys in her stand the basis of inequality, field by superiors, Boonin is a from a legal perspective, before trailblazer in holistic legal I could make change,” she says. work, combining her experi- AGE:34 Focusing on family law has ences in equal rights work with GRADUATED:Harvard Law allowed Boonin to effect that change, calling that area the her legal aid interests to serve School, 2004 victims of domestic violence. “ground zero for economic “I have always had a passion POSITION:Visiting assistant clin- equality for women.” for social justice and an interest ical professor of law, Suffolk “Family law is about providing financial security and safety to in particular in issues of equal- University Law School; senior ity and women’s rights,” Boonin women and children so that they says. “For me, there was never a clinical fellow, Harvard Law can break this cycle and move on question about whether I would School Legal Services Center in their lives,” she says. Currently, the Passageway go into the public versus the pri- One thing about her that might vate sector.” Health-Law Collaborative is at During a clerkship with the surprise people:“I have a very full capacity, Boonin says, not- Supreme Judicial Court, Boonin highly developed sense of hu- ing that she hopes to expand was awarded the prestigious mor, and I love to laugh. the model to other facilities. Skadden fellowship, which al- Laughter is usually what gets Though the work can be emo- lowed her to join the Harvard me through the most difficult tionally taxing at times, she says the Harvard students she su- Law School Legal Services Cen- cases and the most intense ter. There, she designed and im- pervises keep her enthusiastic. plemented the Passageway moments. I’m a big goof.” But her biggest inspiration of- Health-Law Collaborative with ten comes from her clients. Brigham &Women’s Hospital. It “My clients may come to me connects low-income victims of and they’re traumatized and domestic violence to a trusted network of doctors, so- have little hope,” she says. “By the end of the case, cial workers and lawyers in an effort to provide direct they’re sitting up straight, and they’re able to look legal services. their batterers in the eye. They have hope.” MLW “Most of these people would never make it through the door of a legal services center,” Boonin Jeannie Greeley, formerly a reporter for Massa-

says. “These are people who are still very much in chusetts Lawyers Weekly, is a freelance writer. SHEA MERRILL

THOMAS A. BROWN

By Andrew Clark lege student embroiled in a controversy over an un- savory e-mail and managed to secure a ruling that With a computer-programmer father and a pair of found an illegal search and seizure had occurred be- lawyers for grandparents, one might say Thomas A. cause no probable cause for a crime existed. Brown was destined to work in But equally impressive is intellectual property. And,in fact, Brown’s desire to give back to the former Microsoft software “Everything you the legal community in the developer has found the IP field form of pro bono work. to be the perfect fit for his in- work with is like For the past four years, he has quisitive personality. taken part in the Housing “I love the fact that you can get an interesting Court’s Lawyer-for-a-Day pro- knee deep in the technical world,” gram, representing tenants fac- says Brown, a native of Queens, puzzle.” ing eviction. And through his N.Y. “Everything you work with pro bono work with the Political Asylum/Immigration Represen- is like an interesting puzzle, and AGE:33 you get to see how a lot of differ- tation Project, Brown helped at- ent things work. This really GRADUATED:Harvard Law tain asylum for two Armenian makes you [use] both parts of the School, 2003 journalists who were being op- brain. Each case has its own steep pressed by their homeland for learning curve, and it makes the POSITION:Associate, Fish & reporting on an anti-govern- job always interesting.” Richardson, Boston ment political demonstration. In his still relatively short career Brown estimates that he as a lawyer, Brown has already One thing about him that takes on roughly 10 pro bono been involved in several high- might surprise people:“My cases per year. profile cases. He was part of a wife’s GPS is directly rigged “The best cases are really the team that successfully opposed a to our home’s thermostat in pro bono ones,” Brown says. preliminary injunction to stop order to save energy.” “You get to interact with peo- three Massachusetts Institute of ple who really need help. You Technology students from shar- might be helping someone ing their research about vulnera- who is in danger of getting bilities in the MBTA’s Charlie Card system. evicted. It’s really an important way to help make And, in 2009, Brown and two other Fish & a difference.” MLW

MERRILL SHEA MERRILL Richardson attorneys were counsel for a Boston Col- Andrew Clark is a freelance writer. Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B5 COLBY BRUNO

By Andrew Clark truth. We’re not just fighting against the perpetrator;we are also fighting society’s perception.” In the fifth grade, she argued with her ele- Bruno recently saw what she calls her mentary school principal over allowing girls biggest career highlight come to fruition on the wrestling team. After when Gov. Deval L. Patrick graduating college, she signed into law a new worked as an advocate for “It’s very measure designed to ex- tenants living in squalid tend protections to victims conditions. For Colby rewarding, and of harassment. Previously, Bruno, fighting for justice only victims with some has always come naturally. it can be very kind of relationship to the At the Victim Rights Law perpetrator were eligible Center, which provides free frustrating.” for protection. Now, vic- legal help for victims of sex- tims of criminal stalking, ual assault, Bruno wears var- sexual abuse and criminal ious hats as the organiza- AGE:35 harassment who don’t tion’s managing attorney. GRADUATED: Northeastern know their assailants are eligible for protection as well. She oversees staff attorneys, University School of Law, represents sexual assault Bruno was part of a team survivors, collaborates on is- 2002 that worked on getting the sues with the local commu- POSITION:Managing at- legislation — which had nity, and helps secure fund- torney, Victim Rights Law been in the works for 10 years — passed. The group’s ing for the center. Center, Boston Before coming to the effort was a tireless one but VRLC in 2004, Bruno prac- One thing about her that paid off in the end. ticed law at a firm and might surprise people: “This was a real grass- clerked for a Superior Court “I’ve always wanted my roots fight,” Bruno says. judge. But according to “This was a huge one to get own cooking show on the Bruno, there is nothing as passed and was the single challenging and gratifying as Food Network.” biggest highlight for me in standing up for rape victims. all of my years as a lawyer. “It’s very rewarding,and it There were so many people can be very frustrating,” working on this for so many Bruno says. “People don’t understand the rape years and for something that was such an ob- paradigm. People in society tend to think that vious gap in the law.” MLW unlessL-356355D.qxp someone is raped 3/31/10 by a stranger, 8:21 AMthen Pageit 1 is the victim’s fault. But that’s absolutely not the Andrew Clark is a freelance writer. SHEA MERRILL

TRY CASES, NOT YOUR PATIENCE.

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Get advance notice of Lawyers Weekly networkingGo to www.masslawyersweekly.com. events. Massachusetts Lawyers Weekly www.masslawyersweekly.com B6 April 19, 2010 KATHLEEN M. CELIO

By Eric T. Berkman “I was just hoping I’d say the right things. It was exciting, too. I’d equate it with sports, where you Something clicked in Kathleen M. Celio when train, you train and you train, and then it’s your she took a civics class in high school. Falling in love time to bring it and try your best,” says Celio, a for- with chestnut cases like Marbury v. Madison and mer college soccer player. Gibbons v. Ogden, she knew Celio also argued Common- immediately that one day she wealth v. Porter P., in which the would be a lawyer. “You train, SJC held in March that the di- She didn’t know, however, rector of a homeless shelter that she would argue eight cas- you train and lacked authority to consent to a es before the Supreme Judicial warrantless police search of a Court during her first four you train, and resident’s room. Though the years as a member of the bar, then it’s your commonwealth did not prevail obtaining a winning record in on the facts, Celio convinced the process. time to bring it the SJC to recognize the legali- “I’ve just gotten lucky in that ty of warrantless searches when they took some cases,” says a and try your best.” the person consenting has ap- modest Celio, a prosecutor in parent authority to do so. the Appellate Division of the She says Porter is particular- Suffolk County District Attor- ly memorable because it re- ney’s Office. “I still don’t have AGE:31 quired her to grapple with the the experience or wisdom [of GRADUATED:Boston College difficult balance of maintain- others in the department].” ing the dignity of homeless in- Celio’s supervisor, John P. Law School, 2005 dividuals while enforcing safe- Zanini, attributes her success POSITION:Assistant district at- ty in a shelter. to more than luck, describing torney, Suffolk County District “There are a lot of internal issues [that the case] brought her legal work as “extraordi- Attorney’s Office, Boston nary and cutting edge — up in me because I care so shocking for a fourth-year One thing about her that much about how we treat ADA.” might surprise people: homeless people,” she says. The case that stands out “I played Division I soccer at Such concern motivates Ce- most for Celio is lio to volunteer at a charity Common- Santa Clara University.” wealth v. Sykes, her first time supper on a weekly basis. “It before the SJC. It was a simple keeps me aware of my sur- seizure case in which the de- roundings,” she says. “As a fendant claimed the police prosecutor, we see people at lacked sufficient cause to physically detain him their worst, so I try to do things that soften me and when he ignored their request to stop and answer continually provide perspective.” MLW questions and instead fled. The SJC upheld the seizure. But the experience of appearing before the Eric T. Berkman, an attorney and formerly a reporter

MERRILL SHEA MERRILL court for the first time is what Celio cherishes most. for Massachusetts Lawyers Weekly, is a freelance writer.

JUAN A. CONCEPCION

By David E. Frank As part of a pro bono case, Concepcion repre- [email protected] sented a Guatemalan teen swept up in the infa- mous New Bedford raid by Immigration and Cus- Growing up in New York City, Juan A. Concepcion toms Enforcement in 2007. got an early taste of what it means to practice law. He also serves as a board member for the Lawyers’ A Dominican native who was raised in the Committee for Civil Rights and is co-chair of As- same Washington Heights de- sociates for Civil Rights. velopment as his former class- “Not too many people make mate and ex-Red Sox slugger “Not too many it out of Washington Heights, Manny Ramirez, Concepcion and I have made it,” he says was called into service by his people make proudly. “I’d love to make it to mother while he was still in partnership status at Nixon grade school. it out of Peabody and to be considered “I was one of the few peo- one of the premier commercial ple in my building that could Washington litigators in Boston.” speak English fluently, so my At the same time, Concep- mom used to ‘loan me out’ to Heights, and I cion says he has no plans to cut my neighbors so they could down on his extracurricular go to administrative agencies have made it.” non-billable responsibilities. in New York City to argue “A lot of my neighbors from their cases, whether it be an Washington Heights use my eviction notice or a denial of AGE:35 story because they know I grew Social Security benefits,” he up in a single-parent home, says. “I didn’t realize it at the GRADUATED:Boston College which did not have a lot,” he time, but I was already acting Law School, 2003 says. “My mom knew that ed- as an attorney for people in POSITION:Senior associate, ucation was the key to my suc- my community — for the un- cess, so she pushed that, and Nixon Peabody, Boston derdogs.” people back in New York use As a senior associate in One thing about him that might my story as a motivational tool Nixon Peabody’s commercial surprise people:“I am a mem- for their own children. I find litigation group, Concepcion ber of the board of trustees at myself almost being put on this represents global businesses pedestal, which I’m not always and Fortune 500 companies. Boston College and a quadru- comfortable with. But every But the former school teacher ple Eagle. I have a B.A., J.D., day I try my best to live up to has hardly turned his back on M.B.A. and M.Ed. from BC.” that. I don’t ever want them to those in need of his help. think I’m a fraud.” MLW SHEA MERRILL Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B7 SCOTT J. CONNOLLY

By David E. Frank “The question of what is protected activity un- [email protected] der the statute is a rather new issue, so the case has given me the chance to get involved in a develop- Though he’s been practicing only since 2004, ing area of the law,” he says. Scott J. Connolly has already found himself in the A few months ago, Connolly and Shea success- middle of some high-stakes employment disputes fully represented a technology staffing company in state and federal court. accused of luring a systems administrator away After servingfive years of active duty as an infantry from another employer. officer in the U.S. Marines,where he attained the rank The pair convinced U.S. District Court Judge of captain, Connolly turned his William G. Young that the attention to representing corpo- company could not be sued rations, financial institutions “What I really for aiding and abetting an and non-profit organizations. employee’s breach of fiduci- He and his colleague, Robert enjoy doing ary duty because the em- M. Shea, are currently in the ployee owed no fiduciary middle of a federal suit in duty of loyalty to his former Maryland in which their Mas- is preventing employer. sachusetts-based client has “The judge held that the duty been accused of violating the litigation.” only applies to certain types of Sarbanes-Oxley Act. employees and does not general- “The company is alleged by ly apply to rank-and-file employ- the plaintiff, a former employees, unless there is something ee, to have terminated his em- AGE:40 special in the circumstance, like ployment because he blew the GRADUATED:Boston College they have had access to trade se- whistle on them,” he says. Law School, 2004 crets or confidential information,” “Our client’s position is that he says. they terminated the employee POSITION:Senior attorney, The decision was hailed by for performance reasons, and Morse, Barnes-Brown & employment lawyers for sig- ultimately the case is going to Pendleton, Waltham nificantly clarifying the em- come down to what constitutes ployee duty of loyalty doctrine protected activity under Sar- One thing about him that under Massachusetts law. banes-Oxley.” might surprise people:“When “I have a split practice: coun- Connolly has already argued I am not working or playing seling and litigation,” Connol- a set of issues of first impres- with my kids, I enjoy fin- ly comments. “What I really sion before the 4th U.S. Circuit enjoy doing is preventing liti- Court of Appeals in the case ished carpentry and can in- gation by counseling business and is currently drafting sum- stall crown moldings with clients on how to comply with mary judgment papers to file hand-cut inside corners.” the web of overlapping state

in U.S. District Court. and federal laws.” MLW SHEA MERRILL

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Lawyers Weekly Advertising The space you purchased has been reserved and theLawyers above copy mustWeekly be approved Advertising by The space you purchased has been reserved and the above copy must be approved by Wednesday at 3pm. The ad will run as shown unless we are notiﬁed of changes. Wednesday at 3pm. The ad will run as shown unless we are notiﬁed of changes. Ad Rep: Melanie Ad Rep: Megan I approve the above ad to appear in Lawyers Weekly on ______Client: Deleo I approve the above ad to appear in Lawyers WeeklyClient: on ______Barabino according to their stated terms and conditions at a rate of $ ______according to their stated terms and conditions at a rate of $ ______Size/Section: ROP 2x8 Size/Section: ROP 2x8 Client signature: ______Date: 041910 Client signature: ______Date: 041910 Please sign and return a copy of this ad by Wednesday 3pm. Please sign and return a copy of this ad by Wednesday 3pm. DESIGN vw FAX (617) 451-7326 DESIGN vw FAX (617) 451-7326 Massachusetts Lawyers Weekly www.masslawyersweekly.com B8 April 19, 2010 ELIZA Z. COX

By Jack Dew Cod Commission — a regional planning author- [email protected] ity — develop a new policy plan, she received the Yarmouth Area Chamber of Commerce’s 2009 It was during an internship while at Northeast- Public Service Award. ern University School of Law that Eliza Z. Cox fell “One of the things that Pat Butler really influenced in love with land use law. me on was the importance of becoming involved in As a student, she worked with Patrick M. Butler, a the community,” she says. “I think giving back to the lawyer with Nutter, McClennen & Fish who was based community by staying involved is important.” in Hyannis. Butler introduced her to land law on Cape In her eight years of practice, Cox has never been Cod, where real estate comes at a premium and any denied a permit and has become one of the most development is greeted with a prominent land use lawyers for skeptical eye. commercial development. “I adored him and adored “I like the sort Given the sensitivity of the working with him. He was one Cape’s eco-system and its im- of the seminal land use lawyers portance as an economic driv- on the Cape,” Cox says. “I like the of tangible, er of the tourism-rich region, sort of tangible, practical aspects the scrutiny on any large proj- of the practice; seeing a project practical aspects ect can be intense. on paper and going through the Thanks to those pressures, permitting process; seeing the of the practice.” re-using sites has become a pri- construction and then going to ority, with developers focusing the grand opening. You feel like on so-called “gray field” loca- you are making an impact.” tions instead of vacant land. Butler died unexpectedly in AGE:37 Cox has evolved with the January 2009, but Cox is fol- GRADUATED:Northeastern changing times and sees more lowing his example. change on the horizon as green University School of Law, 2001 She was elevated to partner design and energy conserva- in January and has become POSITION:Partner, Nutter, tion become more prominent. immersed in the civic life of McClennen & Fish, Boston “Our resources are really pre- the Cape. She sits on the board cious here on the Cape. There of trustees for the Sturgis Li- One thing about her that might is not a lot of land; it is a sole- brary and is actively involved surprise people:“I began source aquifer, so all of our with the YMCA of Cape Cod, learning how to surf last drinking water comes from the the Arts Foundation of Cape Cape,” she says. “The Cape is a Cod and the Hyannis Area year. Now I own two boards tight community, and people Chamber of Commerce. For and am totally addicted.” really respect the beauty of the her role in helping the Cape land, and rightfully so.” MLW SHEA MERRILL PATIENCE W. CROZIER By Julia Reischel “Things are moving so quickly on the technology side, and the law is often running, running, After five years at a firm, most young lawyers are running to catch up,” she says. “This is an area just beginning to sink their teeth into meaty legal where the law really needs to catch up.” matters. Associate Patience W. Crozier, on the oth- Crozier is currently working on setting prece- er hand, has spent the start of her legal career at a dent for interstate custody disputes in a case that Cambridge law office handling cutting-edge issues will set the tone for how Massachusetts recognizes in family law. the legal status of a California registered domestic “I’m amazed at the range of things I’ve worked partnership. The case goes to trial in July. on and the amount of autonomy I’ve had in shap- Gay, lesbian and transgender legal issues are ing really interesting issues,” Crozier’s passion, and she has she says. worked overtime to shape that A dispute between two girl- “I’m amazed branch of family law. She is a friends over a piece of real es- board member of the Massa- tate had Crozier poring over at the range chusetts Lesbian and Gay Bar arcane cases dealing with the Association and works as the seldom-litigated issue of con- of things I’ve group’s outreach coordinator structive trusts. At trial, Crozi- to local law schools. er scored a win for her client, worked on.” She also advises the Massa- but she says the facts were so chusetts Transgender Legal unusual that she doesn’t expect Advocates, a clinic run by lo- to see another case like it any- cal law students that handles time soon. AGE:35 legal issues for the transgender A tortured paternity case GRADUATED:Boston College community. had her spending years on a Law School, 2002 And she sits on the Joint Al- quest to correct a child’s birth imony Task Force of the Mas- certificate after the mother POSITION:Associate, Law Office sachusetts and Boston bar as- mistakenly listed another man of Joyce Kauffman, Cambridge sociations and volunteers with as the biological father. Senior Partners for Justice in “Once you acknowledge pa- One thing about her that the Probate & Family Court, ternity, it’s very difficult to un- might surprise people:“I live where she once worked as a ring that bell,” she notes. on a boarding school campus, law clerk. “When I got that birth record which is a little unusual.” On top of it all, she raises her fixed, I was delighted.” 3-year-old daughter, Hannah, Crozier has handled every- with her partner, a faculty thing from the routine — civ- member at the private Dana il dissolutions and de-facto parentage cases — to Hall School in Wellesley, where they live in an on- the unusual. Last fall, she defended a challenge to campus house and eat in the school dining hall. the ability of anonymous sperm donors to remain Her favorite case? Any one in which the litigants anonymous, a right so taken for granted that there still talk to each other three years later. “I love it MLW ELLEN SHUB ELLEN was no law on the books to protect it. when people do that,” she says. Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B9 MELISSA NOTT DAVIS

By Eric T. Berkman immunity defense under the Massachusetts Anatom- ical Gift Act. It was the first time the defense had Melissa Nott Davis originally set out to be a histo- been applied to a medical school. ry teacher. But as much as she loved her time student “This case stands out because we won it so early,” teaching, she was frustrated by the difficulty of meas- Davis says. “We were not expecting to win at the mo- uring her success — something she had valued as a tion-to-dismiss stage. To have the judge dismiss the high-school and collegiate All-American swimmer. case sitting at the bench without waiting three So Davis became a paralegal at a litigation firm, months for a decision, we felt like we hit a home run and during her first trial, she realized she had without swinging for it.” found her calling. “The teamwork, preparation Despite Davis’ competitive nature, she takes and knowing whether we won or lost was what I greater pride in cases that can be resolved congen- loved about being an athlete, and I knew that’s ially. “I love helping think about what a client is look- what I’d love about being a lawyer,” she recalls. ing for in terms of a business result and how to get Now a partner at McDer- them there. A [settlement] can be mott, Will & Emery in an incredible win,” she says. Boston, Davis is a successful “We felt like Meanwhile, Davis co-chairs the young business litigator. But Pro Bono Committee at McDer- she hasn’t abandoned the kids: we hit a home mott’s Boston office and is heavily in- Through her pro bono prac- volved in the effort to abolish life sen- tice, she’s become an impor- run without tences without parole for juvenile tant child advocate. offenders. She also represents stu- On the business side, Davis swinging for it.” dents in special-education proceed- is most proud of her involve- ings and recovers attorneys’ fees for ment on behalf of Harvard the Children’s Law Center of Massa- University in a putative class AGE:34 chusetts after successful outcomes. action over a New Hampshire Those recoveries have helped CLCM crematory’s mishandling of GRADUATED:Boston Universi- fund many new initiatives. bodies donated to the medical ty School of Law, 2002 Davis says she loves having the school. The plaintiff alleged opportunity to be both a business that Harvard knew or should POSITION:Partner, McDer- litigator and a child advocate. have known of the crematory’s mott, Will & Emery, Boston “I’m able to indulge both pas- misconduct, which included One thing about her that sions,”she says. MLW misidentifying bodies and cre- might surprise people: “I mating multiple bodies to- Eric T. Berkman, an attorney and gether. spent three-and-a-half years formerly a reporter for Massachu- With Davis’ help, the suit in Brazil as a child.” setts Lawyers Weekly, is a freelance

was dismissed on a good-faith writer. SHEA MERRILL

mbbp.com The Law Office of Joyce Kauffman Compassion - Experience - Results

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By Julia Reischel sachusetts to offer free legal services occur,” Dion says. “The big thing to those facing foreclosures. that really got me, and got me mo- Justin H. Dion was in graduate “All of a sudden, all of these loans tivated to step up and do some- school studying to be a psycholo- reset with new adjustable rates, and thing, was that, for the first time, I gist when a lawyer came to speak to the wave of foreclosures started to saw hopelessness.” his class one day. The moment the Working with fellow legal aid at- attorney started talking, some- torneys and the Hampden Coun- thing clicked. “I try to ty Bar Association, of which he is “The thing that fascinated me chairman of the Bankruptcy Sec- about law was that I could have an understand tion, Dion organized the Alliance immediate impact, instead of hav- Providers of Legal Services to In- ing to see a patient for four years,” where people are dividuals Facing Foreclosure. he says. The group operated phone banks So, on a last-minute whim, Dion coming from.” and personally visited with debtors, withdrew his application for psy- and Dion himself gave dozens of chology doctoral programs and homeowners free legal advice. applied to law school instead. In 2009, the Supreme Judicial “It was really a life-altering Court recognized Dion for his efforts by awarding him one of its an- change,” says the Bacon Wilson at- AGE:36 torney, who has been making a nual Adams Pro Bono Publico name for himself as a bankruptcy GRADUATED:Western New Awards. lawyer in western Massachusetts. England College School of On top of his charity work, his Dion credits his psychology Law, 2000 full-time bankruptcy practice and training for allowing him to “not his bar association duties, Dion just treat the problem, but treat the POSITION:Associate, Bacon Wil- also holds down professorships at person.” son, Springfield; adjunct profes- two local colleges, teaching a full “I think how I have distin- sor; Western New England Col- course load of law classes. Those guished myself a little bit as a prac- lege School of Law; assistant activities, he says, help him hone titioner by having that background professor, Bay Path College his abilities as a counselor as well of being able to really counsel,” he as a lawyer. says. “I try to understand where One thing about him that might “There are some attorneys who people are coming from and to get surprise people:“I’m a do not have any bedside manner,” at the heart of their issues and videogame nut. I grew up play- he says. “I have a very different phi- problems, and I do a little hand- ing videogames as a kid, and losophy. Some people would dis- holding to help them through the I’ve got a son who’s into the agree and say, ‘That’s not the right process.” way to practice,’ but I almost feel an Understanding where people are Xbox. I am a Halo nut, and my obligation to do so. It’s trying to coming from led Dion in 2008 to son’s a big Guitar Hero fan.” help people. That’s really what it organize attorneys in western Mas- boils down to.” MLW SHEA MERRILL TIMOTHY V. DOOLING

By Eric T. Berkman “Things happen in the context of says the key to victory was the cross- correctional facilities, and inmates do examination of the other side’s ex- When Timothy V. Dooling started get roughed up,” he says. “But through- perts, in which he poked holes in the law school, he was committed to pub- out the course of trial, I got to know plaintiff’s theory of the case. lic service. He has certainly followed the officers and truly believe none of The jurors also believed in the of- through, already making a mark in them did what was alleged. This added ficers. “They clearly saw what I saw multiple settings during his eight- a lot of pressure. Not only am I ‘Type in these guys,” he notes. year legal career. A’ and hate losing, but I really didn’t Now deputy chief legal counsel at Dooling first distinguished him- want to lose for these guys.” the Massachusetts Parole Board, self as an assistant district attorney in The defense prevailed. Dooling Dooling has assumed more of a man- Essex County, which he credits for agerial role, with his biggest project setting him on the right track. the creation of a comprehensive new “Every new attorney should spend “I really didn’t training curriculum for parole offi- a couple years in the DA’s Office,” he cers. He’s particularly excited about says. “You really get thrown to the want to lose for the work because he believes so wolves right away, so it’s just a fan- strongly in the mission of parole. tastic opportunity to learn the rules these guys.” “It costs $45,000 a year to house of evidence, to pick a jury, to give an an inmate, and it costs [$25,000] to opening statement, to cross-examine supervise someone on parole,” he a witness and to close.” says. “Post-release supervision is just After two years, Dooling took a job AGE:38 so vital.” as assistant general counsel for the Meanwhile, Dooling is active in Suffolk County Sheriff’s Department, GRADUATED:New England state and local Democratic Party where he incorporated civil cases into School of Law, 2001 politics on the side and hasn’t ruled his repertoire. He made his biggest out a run for public office himself impact defending the department POSITION:Deputy chief legal someday. against allegations that an inmate at counsel, Massachusetts Parole “Nothing is in the works now, but the Nashua Street Jail was viciously Board, Natick it’s definitely something I see myself beaten by corrections officers be- doing at some point,” he says. MLW cause of his epilepsy. It was Dooling’s One thing about him that might first case in federal court, and he de- surprise people:“I’m interested in Eric T. Berkman, an attorney and scribes the three-week trial as a “re- architecture and design.” formerly a reporter for Massachusetts Lawyers Weekly, is a freelance writer.

MERRILL SHEA MERRILL ally intense time.” Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B11 NICOLE MURATI FERRER

By Eric T. Berkman ticularly gratifying that the jurors put ourselves in their shoes. The re- could see past the horrifying set of ality of going into a house blind, not A decade ago, Nicole Murati Fer- facts being alleged. knowing what you’re facing, is a scary rer came to Boston with nothing but “There are a lot of prejudices out thing, and that doesn’t sink in until a suitcase, some cash and a law firm there about cops in general,” she says. you relive it with one of these cases.” receptionist job she had landed over “But I think we don’t know what their Meanwhile, Murati Ferrer, a the Internet. everyday life is like until we hear and woman of color who has often been Today, Murati Ferrer, who had see what they deal with firsthand and subjected to stereotyping herself dur- never left her native Puerto Rico being her time in Boston, says she has fore arriving in the Hub, is an ac- “One thing this no misgivings about defending cas- complished trial attorney in her es that frequently carry intense racial adopted city’s legal department, han- city does well overtones. dling everything from pothole com- “When the plaintiff is a person of plaints to sexual harassment suits. is trust its color, it’s sometimes hard to make But she has really distinguished them see that you’re not ‘disgracing herself defending Boston police attorneys and your race’ by representing this white, against misconduct allegations, in- Irish cop and not ‘being on the right cluding two recent trial victories in their advice.” side,’ as they see it,” she concedes. U.S. District Court. “But I’ve never defended someone In the first case, the plaintiff who I thought had been motivated claimed that a group of officers on a by racial animus.” construction detail viciously beat and AGE:32 At the same time, when she feels kicked him after he disobeyed their GRADUATED:Northeastern Uni- an officer is in the wrong, she will urge him to settle. instructions not to park in a restrict- versity School of Law, 2004 ed zone. In the second suit, the plain- “One thing this city does well is tiffs claimed that officers, in execut- POSITION:Assistant corpora- trust its attorneys and their advice,” ing an arrest warrant, stormed into tion counsel, City of Boston she says. “It knows when it’s wrong their home, pointed weapons at their Law Department and when its employees are wrong. children, and used profanity and ex- So in the difficult cases, I know I’ll cessive force while handcuffing the One thing about her that might get the support I need to do the adults to secure the premises. surprise people:“I love to dance right thing.” MLW In both cases, the key to victory anywhere and to anything.” Eric T. Berkman, an attorney and for- was the officers’ credibility on the merly a reporter for Massachusetts stand, and Murati Ferrer finds it par- Lawyers Weekly, is a freelance writer. SHEA MERRILL JAMES C. KENNEDY

By Jeannie Greeley resentative from Milton. Soon after, he Government Regulations. became the House of Representatives “I’ve seen it from the ground up,” Having authored countless pieces general counsel and research director Kennedy says of his career trajectory. of legislation during his role as gen- for the former Joint Committee on “I understand what it is to take an idea, eral counsel on Beacon Hill, James a concept, and to help create that and C. Kennedy remembers one stand- turn that into legislation. It iscomplex. out that earned the praise of anoth- “I understand It’s very difficult. But it’s also a team ef- er Kennedy — the late “Lion of the fort here that makes it a little easier.” Senate,” Edward M. Kennedy. what it is to Prior to serving DeLeo, Kennedy It was the controversial 2005 stem- was general counsel to the House cell research statute, which James take an idea, Committee on Ways and Means, Kennedy had written during his helping author the state’s landmark tenure as general counsel and re- a concept, and to $1 billion life sciences initiative and search director for the Joint Com- handling the legal and policy issues mittee on Economic Development related to the state’s annual $28 bil- and Emerging Technologies, kicking help create that lion budget. off a contentious debate that eventu- Kennedy hit the ground running ally ended with its landmark passage. and turn that when he came on board for DeLeo “Senator [Edward] Kennedy sent last year with the state in the grips of the former speaker a letter, and in into legislation.” transportation reform, helping the that he indicated ... that he was using speaker draft a bill in less than four the Massachusetts law as the basis of months to solve a decades-old prob- a federal law,” recalls Kennedy. “That AGE:35 lem. Currently, Kennedy is involved was pretty cool!” in another high-stakes legislative ef- Throughout his legal career on the GRADUATED:Suffolk Universi- fort — quite literally — as he helps Hill, Kennedy has been helping to ty Law School, 2003 DeLeo negotiate casino gambling in convert policy decisions into legisla- Massachusetts. tion that ranges from life science ini- POSITION:Chief legal counsel Asked to name his favorite legal tiatives and economic stimulus acts and policy director to House role to date, Kennedy says he is hap- to major infrastructure projects and Speaker Robert A. DeLeo, piest right where he is. biotechnology developments, paving Boston “I would say my entire job is due a path to his current position as chief largely in part to whom it is I’m work- legal counsel and policy director to One thing about him that might ing for,” Kennedy says of DeLeo. “I House Speaker Robert A. DeLeo. feel very proud to walk in and see his surprise people: “I’ve been told A political science graduate of that my knowledge of 1980s name on the door.” MLW Northeastern University, Kennedy has worked his way up the ranks of state TV and movies is unparal- Jeannie Greeley, formerly a reporter government, beginning in 1999 as a leled.” for Massachusetts Lawyers Weekly, is

JOHN MECKLENBURG JOHN legislative aide to his hometown rep- a freelance writer. Massachusetts Lawyers Weekly www.masslawyersweekly.com B12 April 19, 2010 JOSHUA A. LEWIN

By Jack Dew amount of money for their clients, convincing the [email protected] court that the fee agreement violated Chapter 93A. The case embodies what Lewin says he loves about Joshua A. Lewin had to come between his clients litigation: figuring out the best way to tackle a prob- and their attorney. lem, developing a strategy and then executing it. His clients in Landry v. Haartz had long used a “When you have a client in a case where the issues trusted lawyer for their legal needs, so when they matter in a very personal way, it is so easy to get mo- decided to sell their share of a tivated to push the client’s inter- family business, they turned to ests,” Lewin says. that attorney to represent them “Every case is Outside of court, Lewin volun- in the deal. He responded by teers with Big Brothers Big Sisters drawing up an unprecedented very different of Massachusetts. His “little broth- contingency agreement, earn- er” has shown an interest in the ing $300,000 for his role in the from the last law, and Lewin helped him get a $20 million transaction. job at Prince Lobel as a file clerk. When the couple balked at pay- case.” Meanwhile, over the past seven ing the full fee, the lawyer sued. years, he has helped raise $165,000 That’s when Lewin and his col- for the program. league Richard D. Glovsky en- Lewin, a former ski bum who tered the scene to defend them. AGE:32 spent a year driving a bus in Vail, “We searched up and down, GRADUATED:Boston College Colo., has embraced litigation East Coast to West Coast, and with zeal and was picked by the Law School, 2003 we have been unable to find a Suffolk County district attorney circumstance where a lawyer POSITION:Associate, Prince, as a special assistant DA in the represented a client on a con- Lobel, Glovsky & Tye, Boston Special Prosecutions Bureau to tingency basis in a corporate try complex white-collar cases on transaction,” Lewin says. One thing about him that might a pro bono basis. Lewin says he The case turned into an ugly surprise people:“I am licensed hopes the appointment will give piece of litigation. “He really to drive a bus in Massachu- him more trial experience. dragged these people unfairly setts.” “Every case is very different through the mud,” Lewin says, from the last case,” Lewin says. “and this was a case that became, “For me, that is what makes it in the end, not about money but fun — getting cases with some about principle. Our clients were really motivated by the obscure subject matter and getting totally immersed fact that they had suffered a breach of trust.” in some field or industry that I have no previous Lewin and Glovsky were able to win a substantial knowledge about.” MLW SHUB ELLEN CHRISTOPHER B. MARSTON

By Eric T. Berkman jects the term “client,” explaining that it was first used by ancient Romans to imply a relationship of dependency. After spending a post-college year as CFO of a small “Regardless of [the work’s] complexity, most customers Boston-area technology company, Christopher B. value certain things about getting the work done. You Marston decided to boost his business credentials with have the conversation about pricing before you begin dual law and finance degrees at Suffolk University. But working and agree on a price that’s a match for the val- he never planned on becoming a revolutionary. ue you’re providing.” When talking to friends at large law firms, however, Despite its success, it’s too early to tell whether Exem- he was struck by their misery. When he deconstructed plar is an outlier or a window into the future. Marston their unhappiness, it all came down to the billable hour. says he’s heard a lot of noise about other firms adopting Then he had a “Eureka” moment: Overworked, unful- the model, but on closer inspection, they use it on com- filled attorneys paired with clients modity work as a hook, only to sick of a running meter would make switch over to hourly billing for oth- for a great business model. “It all starts er work. So, fresh out of law school, Of course, he never expected in- Marston took a leap of faith and es- with what dustry transformation to happen tablished Exemplar Law Partners, re- overnight. He says most traditional portedly the nation’s first full-service the customer firms have their entire systems, business law firm to operate strictly from IT infrastructure to the mind- on a “value-based,” flat-fee model. set of professionals within their After five years, his brainchild has values.” walls, hardwired to the billable hour. legs. Exemplar now boasts 26 pro- And when change does come, he fessionals, offices in Boston and Los adds, it will have to be from a new generation of big-firm leadership. Angeles, and consulting and capital AGE:33 fundraising divisions for clients “[Big firms] recognize their ranging from start-ups to mid-size GRADUATED:Suffolk Universi- model is broken, but the solution corporations. ty Law School, 2004 can’t be done incrementally,” Meanwhile, Marston, who splits Marston says. “Meanwhile, the his time 60-40 between executive POSITION:Chief executive offi- [large-firm] leadership demo- and legal work, says it’s been no cer, Exemplar Law Partners, graphic is within five or 10 years problem adapting the flat-fee mod- Boston of retirement. This is a risk-averse el — typically associated with a vol- population, so systemic change is ume practice — to sophisticated One thing about him that might not in the cards.” MLW work such as mergers and acquisi- surprise people:“I’m a lifelong tions, IPOs and complex litigation. writer of pop ballads.” Eric T. Berkman, an attorney and “It all starts with what the cus- formerly a reporter for Massachusetts Lawyers Weekly, is a freelance writer. MERRILL SHEA MERRILL tomer values,” says Marston, who re- Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B13 SEJAL H. PATEL

By Matt Yas But the path that brought Patel from Northwestern to the Randolph case was hardly linear. She relished her time “Goal-oriented” is a seldom-criticized quality in a fu- as a prosecutor in the nation’s capital, where she served ture lawyer. A future noble and magistrate with a clear- as a U.S. Department of Justice attorney in the Fraud Sec- cut destination in mind is most often perceived as driv- tion, receiving a DOJ Meritorious Award in the process. en, focused and mature. She also was selected for a stint as a special assistant U.S. Considering her legal beginnings, Sejal H. Patel’s more re- attorney in Washington, D.C. cent successes easily could be seen as the logical fulfillment of “I loved it,” she says. “In many ways, it was much more just such a goal-oriented, singularly focused attorney. empowering than being a defense attorney.” Not surprisingly for an improvisation artist, however, It was only when her husband landed a new job in that simply was not the case. Boston that Patel made her way, with their 5-month old While a student at Northwestern Law School, Patel in tow, to Massachusetts. It was far from the fulfillment worked with the Center on Wrongful Convictions rep- of a master plan. resenting state and federal death-row inmates in the ap- “It was fate,” she says. “When I first arrived here, I found pellate process. it to be an unfriendly professional environment for some- A decade later, she took up the highly publicized case one like me, with no affiliations. So coming in new, I just of Guy Randolph, an indigent mentally ill man who was followed my heart back to [wrongful convictions].” wrongfully convicted of indecent After the Randolph exonera- assault and battery of a child. Ran- tion, Patel served on a 20-mem- dolph served 10 years in jail and “You have to accept ber Boston Bar Association Task was classified as a high-risk sex of- Force in 2009 that the BBA called fender for another seven. that there’s going to “the broadest group of major Patel was able to get Randolph players in the criminal justice sys- exonerated by proving that the be a lot of improv.” tem ever assembled to prevent child victim had misidentified wrongful convictions in the Bay him. She subsequently sued the State.” state over the wrongful conviction, Considering her circuitous path to renowned restorer of damaged obtaining the maximum statutory AGE:34 award of $500,000, and partnered justice, it is no surprise that one of with Ropes & Gray to create a spe- GRADUATED:Northwestern Univer- her key pieces of advice, which she cial trust for her client. sity Law School, 2000 imparts to students in her role as a As for the result, she never had career adviser at Harvard Law a doubt. POSITION:Sole practitioner, Boston School, is to embrace improvisa- “I knew we’d win from the day I tion while refining your goals. got the file,” Patel recalls. “[The case] One thing about her that might sur- “You have to accept that there’s had just been forgotten. The work prise people:“I choreograph going to be a lot of improv,” she was in assembling everything; tapes ‘Gorefest’ every Halloween for the says. “Having a goal is great, but had been destroyed, medical records Improv Theater in Boston and you better make sure that, in the were lost. It took going through eight Cambridge.” years you spend getting there, you or nine lawyers for someone to do do what you love. You have to let it something about it.” come to you.” MLW SHUB ELLEN MARK C. ROGERS

By Andrew Clark mouth native says. “I have been really fortunate to have the experiences I had as a kid, where I would follow From 7 a.m. to 6 p.m., he’s at the office working on my father around and be involved with his career. I al- the legal issues of some of the state’s most high-pro- ways wanted to follow in those same footsteps.” file health care providers. The hours are long and the When he’s not handling client matters in the office, work is complex, but Mark C. Rogers wouldn’t want Rogers is off working on one of his many other legal to be anywhere else. ventures. For the past three years, “It’s really challenging work “It’s really he has been an adjunct professor in a highly regulated industry,” at New England Law|Boston Rogers says. “Everything tweaks challenging where he teaches health law. He is over time, from laws to statutes. also co-editor of The Boston Law You have to constantly commit work in a highly Health Reporter,and he co-chairs yourself to learning.” the Communications Committee Rogers describes his daily regulated of the Boston Bar Association’s work as a mixed bag, from re- Health Law Section. viewing and revising health care industry.” Rogers says his involvement in policies to responding to risk Commonwealth v. Maxwell, a management questions from his case that dealt with the protec- clients to dealing with corporate tion of HIV test results, has been contractual matters. Last year, AGE:34 the highlight of his career to date. his clients included Hallmark GRADUATED:Suffolk Universi- Though he ultimately lost the Health and Fallon Ambulance. ty Law School, 2000 case before the Supreme Judicial The Suffolk Law graduate Court, he says working on such works with his brother and fa- POSITION:Partner, The a significant issue was an unfor- ther, the latter founding the Rogers Law Firm, Braintree gettable experience. firm and inspiring him to pur- “It was great to bring attention One thing about him that sue a career in law. Rogers to such an important issue,” credits his success to his up- might surprise people:“I’m a Rogers says. “This was such an bringing in a family that has a Civil War buff who travels important issue for the health solid legal background. around the East Coast visit- care field.” MLW “My father is definitely my ing battle sites.”

ELLEN SHUB ELLEN mentor,” the 34-year-old Wey- Andrew Clark is a freelance writer. Massachusetts Lawyers Weekly www.masslawyersweekly.com B14 April 19, 2010 JOLIE M. SIEGEL

By Eric T. Berkman much larger competitors at auction. garian maker of web-development “Helping my client, a small shop, tools. To close the deal, she had to nav- Jolie M. Siegel’s parents, both structure a deal sufficiently valid to igate the bureaucracy of a former So- lawyers, always pushed her to make make it through that process was viet-bloc country that had seen few her case, even when asking for milk particularly rewarding,” she says. similar transactions, had even fewer at the dinner table. So becoming an Siegel recently helped another clear protocols in place, but had more attorney herself was never in doubt. client, Summitt Partners, make a levels of regulation than one would As a private-equity lawyer and “growth-stage investment” in a Bul- ever encounter in the U.S. partner at Choate, Hall & Stewart, “We had good English-speaking Siegel still relishes a challenge. Bulgarian counsel who helped us For example, last year she helped “I didn’t want to be figure out what was possible,” she a client buy the “market-making” says. “I’d hardly call myself an expert business — the trading platform connected with in Bulgarian law, but I now appre- and associated technology assets ciate what’s possible there and what’s — of a bankrupt securities firm. It what’s clearly one not. Plus, charting new territory is seemed like an ordinary transac- always interesting.” tion but for one small detail: it was of the largest Despite her hectic practice, Siegel the market-making business of still finds time to mentor Boston Bernard L. Madoff Investment Se- frauds perpetrated middle-schoolers through her in- curities LLC. And obviously the volvement in the Citizen Schools stench associated with the Madoff in recent memory.” nonprofit. She teaches persuasive name is enough to make most peo- writing after school while helping ple run as fast and far in the oppo- students through the city’s high- site direction as possible. AGE:33 school selection process. “I had the same reaction anyone She says being a writing coach else would have:that I didn’t want to GRADUATED:University of Pennsyl- has made her a better lawyer and be connected with what’s clearly one vania Law School, 2001 vice versa. And she makes sure to of the largest frauds perpetrated in stay in touch with former students. recent memory,” Siegel says. “But it POSITION:Partner, Choate, Hall & “You really get sucked into Face- became clear that the trading busi- Stewart, Boston book because of all the program ness my client wanted to buy was not One thing about her that might alumni there,” Siegel laughs. MLW where the fraud was located.” surprise people:“I know as much So Siegel helped her client, pri- Eric T. Berkman, an attorney and vate-equity firm Surge Trading, pro- about the Red Sox as pretty formerly a reporter for Massachu- duce a bid that not only survived the much anyone else in town.” setts Lawyers Weekly, is a freelance

trustee’s selection process but outdid writer. SHUB ELLEN LEFTERIS K. TRAVAYIAKIS

By Eric T. Berkman operation, though he had not yet made an overt move on the driver. Additionally, police obtained the cell When Lefteris K. Travayiakis was studying en- phone used to place the delivery order that lured the vironmental engineering in college, he never en- driver to the building. Not only had that phone been visioned spending his days engaged in courtroom used in at least one other similar robbery, it contained combat on behalf of accused felons. photos of the defendant posing with a gun. But when he took an undergrad environmental However, prosecutors — who had never turned law course, he fell in love with the law and decid- on the phone — were unaware of the photos. Ac- ed to switch gears. And when he took criminal law cordingly, they offered only the cell phone itself as as a 1L, he knew he had found his true calling. evidence but not its contents. So the jury, which Today, Travayiakis runs a thriving criminal prac- did see the photos when it switched on the phone tice in West Roxbury. He has more than 20 jury during deliberations, properly disregarded them, trials under his belt and has not received a guilty as incriminating as they were. Verdict: “Not guilty.” verdict on a lead charge in six years. Travayiakis, who had not seen the photos either “All my trials since then have resulted in either an before jury deliberations, readily admits the out- acquittal or a conviction on a reduced charge, which come would have been far different had the com- I consider a win,” he says. monwealth done its But he hasn’t done it homework. But he has the easy way. He went “We’re in an adversarial no misgivings about the solo less than a year out results in that or any oth- of law school, forcing system, and I won’t hold er of his cases. him to develop his trial “It’s not my job to put skills and hone his style [the commonwealth’s] people away or make completely on his own. them pay for their He hasn’t shied away hand to help them crimes,” he says. “My job from the tough cases, ei- is to make sure my client ther. For example, in convict my clients.” gets a fair shake. We’re in 2008, he defended a an adversarial system, young man facing serious and I won’t hold [the prison time for the alleged AGE:34 commonwealth’s] hand attempted armed robbery to help them convict my of a pizza delivery driver. GRADUATED:Suffolk University Law School, clients.” MLW The defendant insist- 2002 ed on going to trial de- POSITION:Sole practitioner, West Roxbury Eric T. Berkman, an at- spite overwhelming evi- torney and formerly a re- dence against him. For One thing about him that might surprise peo- porter for Massachusetts one thing, he was arrest- ple:“I’m a golf fanatic.” Lawyers Weekly, is a free-

MERRILL SHEA MERRILL ed at the scene in a sting lance writer. Bowling, billiards, appetizers and soft drinks included. Cash bar available.

Bowling, appetizers and soft drinks included. Cash bar available. Massachusetts Lawyers Weekly www.masslawyersweekly.com B16 April 19, 2010

The 2010 Diversity Heroes celebrated by judicial community and to ensuring that, DIVERSITYLawyers Weekly are united in their once there, those attorneys are secure in the commitment to enabling young minority knowledge that their skills will be appreciated lawyers to gain entrance into the state’s legal- and their efforts rewarded. The separate JOYCE LONDON ALEXANDER

By Jack Dew lenge that probably I created for myself Age:Declined to respond [email protected] more than anyone else, because I knew that if there were to be people in the Place of birth:Massachusetts Judge Joyce London Alexander re- country to come behind me, then I had members watching a television pro- to set an example of excellence. And with Education:New England School of gram with her mother, in which a that comes a lot of stress.” Law, 1972; Howard University, man was telling a story of pulling She presided in the U.S. District 1969 himself up by his own bootstraps. Court for the District of Massachu- “Why?” her mother asked out loud setts from 1979 to 2009, when she re- Bar admission:1973 of the man. “Didn’t anybody like you?” tired. She now splits her time be- Position:Retired U.S. magistrate Alexander has accomplished many tween Cambridge and Alabama, judge firsts — in 1979, she became the first where her husband, former Tuskegee black woman to serve as a U.S. magis- Mayor Johnny Ford, is running for Honors:Awards from the trate judge, and in 1996, she was the first state Senate. Southern Christian Leadership black person to be named chief magis- But she still watches the federal Conference, NAACP, Illinois trate judge — but she credits her com- bench, where she said women and Judicial Council, Rainbow munity and her family for lifting her up. minorities have made progress but “When you have parents who talk are still not represented to the degree Coalition and National Bar about inclusiveness, who talk about that they should be. Association; has served as the fact that none of us stand in splen- Bridging the gap from under-rep- chairwoman of the Joint Center did isolation, whether one is red, yel- resentation to equality will “take hon- for Political and Economic low, black, brown or white, that our est dialogue” about race, sex, class Studies, and the Judicial Council standing in this society is ultimately and age, she says. of the National Bar Association; determined by those we aid, then it is “Those kinds of dialogues will re- co-founded and is president so easy to remember that one must sult in a democracy that believes and reach back and lift up,” Alexander says. emeritus of the Urban League of adheres to equality, but I don’t think With that knowledge comes a pow- it will happen unless we talk about it,” Eastern Massachusetts erful sense of responsibility, she adds. she says. “I don’t understand this con- Role models: Her parents “Just being the first African-Ameri- versation that goes on that says we can woman U.S. magistrate judge in the don’t need to worry or talk about it nation was a challenge, and it was a chal- anymore.” MLW ROBERTO M. BRACERAS

By Julia Reischel he insists is the fruit of the labors of lawyers who speak to these decision- Henry, current BBA President John J. makers and stakeholders should also Roberto M. Braceras, who was Regan and past President Ralph J. be more diverse.” MLW born in Argentina and raised in New Cinquegrana. But he has been key to Jersey, loves Boston enough that he the outreach effort, which has pulled spends most of his free time working together the resources of the various Age:40 to fix what he sees as one of the city’s minority bar associations across the Place of birth:Buenos Aires, biggest flaws: its lack of diversity. state by offering centralized resources, Argentina “It’s the right thing to do to im- office space and an annual event, cur- prove the number of minority rently in the works for the fall. Education:Yale Law School, 1994; lawyers working in Boston,” Braceras “It makes complete sense, because Dartmouth College, 1991 says. “Boston is behind other large everyone has the same goals and prior- Bar admission: 1994 cities, and there’s no reason for it.” ities: enhancing diversity in the legal To change that, Braceras, who prac- profession,” Braceras says. “So why Position:Partner, Goodwin tices white-collar criminal defense as should these different groups be work- Procter, Boston a partner at Goodwin Procter, serves ing in isolation from one another? It was as chairman of the firm’s Committee important to coordinate with these dif- Honors:Named one of Boston on Racial and Ethnic Diversity and ferent groups and tap into the energy Business Journal’s 40 Under 40, plays a key role on the firm’s hiring and ideas that all of these groups have.” (2007); Special Achievement committee. He is also co-chairman of Braceras, who was a trial lawyer in Award, U.S. Department of the Boston Bar Association’s new Di- the Criminal Division of the U.S. De- Justice (1997) versity and Inclusion Section, on partment of Justice before joining which, along with Co-Chair Brent L. Goodwin, knows enough about busi- Role models:Attorney Wayne A. Henry of Partners Healthcare, he leads ness to argue that diversity isn’t im- Budd, U.S. District Court Judge F. the discussion about diversity in the portant for diversity’s sake alone. Dennis Saylor IV, 2nd Circuit Boston legal community. “It’s also the right business thing to Judge José Cabranes, his father- Braceras hesitates to take any credit do,”he says. “The decision-makers of in-law

MERRILL SHEA MERRILL for the BBA’s diversity initiative, which today are more diverse, and the Massachusetts Lawyers Weekly www.masslawyersweekly.com April 19, 2010 B17

stories that the four honorees tell of fostering diversity, suggest that HEROEShere of their own quests to succeed, their skills, too, are deserving of not only in the profession of law appreciation and their efforts but also in their common mission worthy of recognition. TARUNA GARG

By Julia Reischel “Here is a degree that, if you wanted to, could make such meaningful After her family sacrificed every- difference in the lives of others,” Garg Age:32 thing to move from India to the Unit- says. “There’s been no looking back.” After four years in Springfield, Garg Place of birth:Rajasthan, India ed States when she was 5, Taruna Garg promised herself that she would make moved to Boston to become an asso- Education: Boston University them proud by becoming a doctor. ciate at Murtha Cullina. In addition to School of Law, 2002; Boston “My mom was working as a cashier her impressive bankruptcy practice, University, 1999 in the local Rite Aid all her life,” she for which she has already drafted a says. “She has put two girls through winning U.S. Supreme Court brief (on Bar admission:2002 college and grad school. A lot of what behalf of a Chapter 7 trustee in Mar- I do, I do with them in mind.” rama v. Citizens Bank of Massachusetts, Position:Associate, Murtha But once she was enrolled in pre- et al.), she maintains a busy schedule Cullina, Boston med courses at Boston University, of volunteer work. Garg realized that law, not medicine, She coaches immigrants on their Honors:Unsung Heroine, was her calling. The problem was law English skills at the Brookline Public Library, teaches financial literacy to Massachusetts Commission for doesn’t have as much prestige as medicine in India, so, at first, her decision high school students, and serves on the Women (2009); Rising Star, was hard for her parents to accept. executive committee of the South Asian SuperLawyers Magazine (2009); “They cried for weeks,” she recalls. Bar Association of Greater Boston.She Murtha Award for Community When Garg began working as a tri- also finds the time to organize Murtha’s Impact (2009) al attorney and bankruptcy practi- breast cancer walk and to use her flu- tioner at Shatz, Schwartz & Fentin in ency in Hindi to translate for South Role model:Greenberg Traurig Springfield, her family finally came Asians who need her help. attorney Annapoorni Sankaran around. Her spirited commitment to “I have always felt a very strong call- using her degree to help others, es- ing to give back to my community,” Garg pecially those in the state’s South says. “I think devoting your time is more

Asian community, won them over. importantthan writing a check.” MLW SHEA MERRILL

SABITA SINGH

By Jack Dew “We are a culture — not unlike a lot — “When you are making decisions on peo- [email protected] where the concept of the family doesn’t just ple’s lives, deciding who you credit, who you stay within the mother, father and siblings,” don’t, I think it is very important for people When Sabita Singh told her parents she she says. “The greater community adopts to see that the judiciary is made up of a good wanted to become a lawyer, they tried to you as their own, so I definitely have this cross-section of people from all different talk her out of it. sense from the large South Asia commu- backgrounds,” she says. MLW As immigrants from India, she says, her nity that they are very proud of this par- mother and father associated success with ticular achievement.” fields like medicine and engineering, Singh has played a key role in building where results could be measured with ob- and supporting the South Asian legal com- jective standards. munity. She was a founding member of the “[The law] is a field that is wrapped with South Asian Bar Association of Greater Age:44 subjective determinations,” Singh says. Boston, which was formed as the nation- “Even in terms of a client choosing an at- al organization was taking shape. It has Place of birth: Vihad, India torney, it’s a subjective determination. You grown from a few young lawyers sitting Education:Boston University School of can’t take an exam and say, ‘I scored the around a table to a robust society that this Law 1990; Pennsylvania State highest, I’m clearly the best, you should year will host the national convention. University, 1987 hire me.’ The perception is that it requires Since becoming a judge, Singh has had to acceptance by the majority population.” end most of her associations with interest Bar admission:1991 Singh has found more than acceptance; groups, but she still sits on the advisory board she has excelled. She went from the Mid- of the national South Asian Bar Association Position:District Court circuit judge dlesex County District Attorney’s Office where, during a recent meeting, the Boston Honors:India New England Woman of to Bingham McCutchen to the U.S. Attor- chapter gave an update of its activities. ney’s Office before she was appointed to “It almost made me teary to think what the Year (2007); president, North the District Court in 2006. [the Boston chapter] is doing and what it American South Asian Bar Association Her success, she says, has not only made is capable of now,” she says. “These are (2005-2006); president, South Asian her parents proud, but their community as things that were just far-reaching dreams Bar Association of Greater Boston well. As part of the first generation of In- a few years ago.” (2003-2004) dian Americans to pursue the law in large On the bench, Singh says,her background numbers, she is the first to be named a helps satisfy the dictum that “the appearance Role models:Her parents

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