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Massachusetts Trial Court Mass.Gov/Courts SEMINAR Practicing with Professionalism Program Materials FACULTY James M. Baron, Esq. Law Office of James M. Baron, Waltham Stacey A.L. Best, Esq. Office of the Bar Counsel, Commonwealth of Massachusetts Barbara J. Bowe, LICSW Lawyers Concerned for Lawyers, Inc., Boston Scott D. Burke, Esq. Morrison Mahoney LLP, Boston Matthew S. Furman, Esq. Todd & Weld LLP, Boston Hon. Peter M. Lauriat Superior Court, Commonwealth of Massachusetts Susan Letterman White, JD, MS Massachusetts Law Office Management Assistance Program (LOMAP), Boston Jack Marshall, Esq. ProEthics, Ltd., Alexandria, VA Alexander Rodriguez, Esq. Altman & Altman LLP, Boston Milton H. Wong, Esq. Volunteer Lawyers Project of the Boston Bar Association (VLP), Boston © 2018 by Massachusetts Continuing Legal Education, Inc. All rights reserved. Published 2018. Permission is here- by granted for the copying of pages or portions of pages within this book by or under the direction of attorneys for use in the practice of law. No other use is permitted without prior written consent of Massachusetts Continuing Le- gal Education, Inc. Printed in the United States of America This publication should be cited: Practicing with Professionalism Program Materials (MCLE, Inc. 2018) All of Massachusetts Continuing Legal Education, Inc.’s (“MCLE’s”) products, services, and communications (“MCLE Products”) are offered solely as an aid to developing and maintaining professional competence. The state- ments and other content in MCLE Products may not apply to your circumstances and no legal, tax, accounting, or other professional advice is being rendered by MCLE or its trustees, officers, sponsors, or staff, or by its authors, speakers, or other contributors. No attorney-client relationship is formed by the purchase, receipt, custody, or use of MCLE Products. The statements and other content in MCLE Products do not reflect a position of and are not rati- fied, endorsed, or verified by MCLE or its trustees, officers, sponsors, or staff. Contributors of statements and other content in MCLE Products are third-party contributors and are not agents of MCLE. No agency relationship, either express, implied, inherent or apparent, exists between MCLE and any third-party contributor to MCLE Products. Due to the rapidly changing nature of the law, the statements and other content in MCLE Products may become out- dated. Attorneys using MCLE Products should research original and current sources of authority. Nonattorneys us- ing MCLE Products are encouraged to seek the legal advice of a qualified attorney. By using MCLE Products, the user thereof agrees to the terms and conditions set forth herein, which are sev- erable in the event that any provision is deemed unlawful, unenforceable, or void. 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These terms and conditions may be changed from time to time without notice. Continued use of MCLE Products following any such change constitutes acceptance of the change. IRS Circular 230 Notice: Any U.S. tax advice found to be included in MCLE Products (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. tax penalties or for pro- moting, marketing, or recommending to another party any tax-related matter or any other transaction or matter ad- dressed therein. MCLE. Keep Raising the Bar.® Massachusetts Continuing Legal Education (MCLE) aims to keep raising the caliber of lawyers’ professional and ethical service to their clients and communities, by providing comprehensive and highly practical continuing legal education of the highest quality to the broadest possible audience. iii Massachusetts Continuing Legal Education, Inc. Board of Trustees Civil Litigation Family Law Staff Carol A. Griffin, Chair Jennifer A. Bingham, Cochair Amy C. Mariani Executive Director Tyler E. Chapman Susan A. Huettner, Cochair President John M. Reilly J, Michael Conley Peter M. Barlow Richard C. Van Nostrand Kathryn Anbinder Marc D. Bello Founding Director First Vice President Covarrubias Charlene Caldeira Richard S. Milstein Brendan T. St. Amant Thomas R. Donahue Alfred P. Farese III Director of Philanthropy Second Vice President Cornelius J. Moynihan, Jr. Hon. Linda S. Fidnick & Special Projects Eric P. Hayes Jonathan Sablone John A. Fiske Sal Ricciardone Treasurer James A. Swartz Stephen D. Fried Director of Programs Michael P. Sams Sara E. Worley Patrick M. Hart Danielle L. Simmons Secretary Roseanne P. Klovee Criminal Law Director of Publications Christa A. Arcos Linda A. Ouellette Cathleen L. Bennett, Cochair Maryanne G. Jensen Gabriel Cheong Theresa B. Ramos David A. Deakin, Cochair Mark T. Smith Hon. Robert J. Cordy (Ret.) Jeremy C. Bucci Director of Information Kara M. DelTufo Donald G. Tye & Educational Technology Jeffrey R. Chapdelaine Margaret D. Xifaras Katherine A. Hesse Shira M. Diner Lawrence R. Rungren Jonathan Mannina Keith T. Higgins Legal Services Staff Attorneys Sa´adiya Masoud Pamela L. Hunt Jacquelynne J. Bowman John M. Lawlor Martha A. Mazzone Michael S. Hussey Sheila A. Hubbard Alexis J. LeBlanc David E. Meier William J. Melkonian Georgia D. Katsoulomitis John J. Pregmon Peter M. Moldave Elizabeth A. Mooney Jonathan Mannina Tracy Walts Mary Ann Neary Paul R. Rudof Paralegal Curriculum Kevin K. Nolan Business Manager Larry R. Tipton Shawna J. Hansen, Cochair Kendi E. Ozmon Mark Woodbury Wendy Wolf Catherine A. Thornton, C. Max Perlman Cochair Customer Service & Facilities John P. Ryan Employment Law Nancy A. Cominoli Manager Mary H. Schmidt Robert M. Shea, Chair Kenneth Dunn Pamela G. Chapin Jennifer A. Yelen Laurence J. Donoghue Geraldine A. Fasnacht Judith B. Ercolini Marketing Manager Philip J. Gordon Dottie Nyen-Cassidy Michael Baranofsky Curriculum Advisory Tamsin R. Kaplan Lynne Marie Reveliotis Production Manager Lisa R. Witham Committees Deborah G. Kohl Annette J. Turcotte Robert S. Mantell Real Estate and Sheila P. Baker Business and Ellen J. Messing Environmental Law Commercial Law Kate Biscoe Jody L. Newman Martin R. Healy, Cochair Justin Calderon Michael L. Blau Stephen B. Reed Gregor I. McGregor, Cochair Peter I. Dunn Ry Ferguson Patricia A. Washienko Donald L. Anglehart Donald Ferland Karl P. Fryzel Bruce H. Bagdasarian William F. Griffin, Jr. Estate Planning and Vanessa Formato Paula M. Devereaux James E. Fuller, Jr. Theodore D. Lustig Administration Catherine F. Downing Peter M. Moldave Jon E. Steffensen, Chair Neil Johnson Pamela D. Harvey Christopher Kimball Timothy M. Murphy Mark D. Balk Brian C. Levey John M. Mutkoski Marc J. Bloostein Roman Kordonsky Walter R. McCabe III Marceza Kotoni William D. Norman Richard P. Breed III Kathleen M. Mitchell David A. Parke Christopher T. Carlson Raymond Manigault Daniel J. Ossoff Julia Manzella Kathleen King Parker A. Silvana Giner Michael M. Robinson Peter M. Rosenblum Colin M. Korzec Jessie Marshall Susan M. Walsh Benjamin Monopoli Adam J. Ruttenberg Melissa Langa Peter Wittenborg George W. Tetler III Lisa A.H. McChesney Keith Morse Joshua S. Miller Kristof Nelson Cornelius J. Murray III Kevin J. Nihill Lisa M. Rico Elizabeth Phillips Jay D. Rosenbaum Sebastian Sansone John F. Shoro Beatriz Valdes Craig A. Standish Kurt Russell Steinkrauss Anne Marie Towle iv About the Faculty JAMES M. BARON is a solo attorney in Waltham. He is a member of the bar in Massachusetts, New Hampshire, and Florida, as well as the U.S. District Courts in Massachusetts and New Hampshire. Mr. Baron handles a wide variety of education-related legal matters, ranging from special education to discipline to disputes involving college and university students. He has pre- sented on special education issues for MCLE, Massachusetts Advocates for Children, the Federa- tion for Children with Special Needs, and the Asperger’s Association of New England. He has also presented on the topic of “Running Your Own Special Education Law Practice” at the 2014 and 2015 annual conferences of the Council of Parent Attorneys and Advocates (COPAA). At the 2017 COPAA conference, he presented on “Using Technology to Handle Student Records and Gain the Edge, from Intake through Hearing.” Mr. Baron has served as a guardian ad li- tem/education advocate for the Massachusetts Juvenile Court. He also serves on the board of di- rectors of the Greater Waltham ARC and the Waltham Community Foundation. As a member of the Law Review at Suffolk University Law School, Mr. Baron published an article entitled “When Good Intentions Go Bad: The MCAS Graduation Requirement and Special Education Children.” He has been selected as a Super Lawyers “Rising Star” in the area of school law from 2011–2017, and has been running his own law practice since passing the bar exam. He is a co- founder, board member, and immediate past-president of Starting Out Solo, a group whose mis- sion is to provide support, education, mentoring, and networking to lawyers who started their own law practice as a first legal career step out of law school. Mr. Baron earned his bachelor of arts degree from Brandeis University, his master’s degree in education from Emmanuel College, where he also earned a Massachusetts teaching certification, and his law degree from Suffolk University Law School.
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