Practicing with Professionalism Program Materials

SEMINAR

CHAIR Hon. Peter M. Lauriat JAMS, Boston Catherine F. Downing, Esq. Downing Van Dyke, Boston Susan Letterman White, JD, MS Massachusetts Law Office Management Assistance Program (LOMAP), Boston FACULTY Sofia S. Lingos, Esq. Hon. Margot Botsford Trident Legal LLC, Boston Supreme Judicial Court, Commonwealth of Massachusetts (Ret.) Lynne Murphy Breen, Esq. Chicago Title and Commonwealth Land Barbara J. Bowe, LICSW Title Insurance Company, Boston Lawyers Concerned for Lawyers, Inc., Boston C. Max Perlman, Esq. Shira M. Diner, Esq. Hirsch Roberts Weinstein LLP, Boston Todd & Weld LLP, Boston Joanne E. Romanow, Esq. Hon. Shannon Frison Casner & Edwards LLP, Boston Superior Court, Commonwealth of Massachusetts Jessie J. Rossman, Esq. Sherri A. Gilmore, Esq. American Civil Liberties Union (ACLU), Boston Board of Bar Overseers, Commonwealth of Massachusetts Amy Sixt, Esq. Law Office of Amy Sixt, Lynn Eugene H. Ho, Esq. Verrill Dana LLP, Boston Lawrence A. Wind, Esq. The Law Office of Lawrence A. Wind, Boston Jaclyn L. Kugell, Esq. Morgan, Brown & Joy LLP, Boston

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iii Massachusetts Continuing Legal Education, Inc.

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iv About the Faculty

CATHERINE F. DOWNING started her own firm in 1990, specializing in the representation of property management companies and landlords throughout Massachusetts. Prior to founding the firm, Ms. Downing graduated from Boston College in 1980 with a B.A. in history, magna cum laude, and from Suffolk University Law School in 1983 with a J.D., cum laude. She then served as a clerk to the Honorable Marilyn M. Sullivan at the Land Court. Following this clerkship, she went to work for a firm that specialized in real estate litigation, remaining there until she opened her own firm. She is a frequent speaker for the New England Affordable Housing Management Association and has been honored by that group with an award for excellence in providing legal education to the affordable housing industry. Ms. Downing has also conducted seminars for the New England Resident Services Coordinators, Inc. and the Institute for Real Estate Management. She has served as both panelist and chair for several programs for Massachusetts Continuing Le- gal Education, Inc. (MCLE) and for the Social Law Library, providing education to lawyers on landlord-tenant issues, including the annual Housing Court Judicial Forum and basic and advanced seminars on reasonable accommodations in housing and conducting an eviction trial. Ms. Downing is also the editor and a contributing author for Residential & Commercial Landlord- Tenant Practice in Massachusetts, published by MCLE. She has been honored by MCLE with one of the 2017–2018 Scholar-Mentor Awards, acknowledging her leadership in the landlord- tenant bar. An Army brat, Ms. Downing has traveled extensively, including living in eight states and a foreign country, prior to returning to her family’s roots in New England.

HON. MARGOT BOTSFORD, of Jamaica Plain, is a retired associate justice of the Massachu- setts Supreme Judicial Court. Previously, she was an associate justice of the Massachusetts Supe- rior Court, in private practice, an assistant district attorney in the Middlesex County District At- torney’s Office, and an assistant attorney general in the Office of the Massachusetts Attorney Gen- eral. She is a graduate of the Harvard Kennedy School of Government, Northeastern University School of Law, and Barnard College.

BARBARA J. BOWE, LICSW, has been on staff at Lawyers Concerned for Lawyers (LCL) in Boston since 1996. She handles client assessments, referrals, and case management, and is LCL’s liaison with Massachusetts’ nine law schools. Ms. Bowe has also been involved in training programs for the following segments of the Bar: judges, MBA, BBA peer support program, bar advocate programs, LCL monitor program, and professional responsibility classes. She is a 1985 graduate of the Boston University School of Social Work. Ms. Bowe has managed both inpatient and outpatient substance abuse treatment programs in Greater Boston, most recently at Westwood Lodge Hospital just prior to coming to LCL. She has worked in both in-house and offsite employee assistance programs, and has maintained a private practice for many years in Brookline.

v SHIRA M. DINER is the supervising attorney in the Criminal Defense Training Unit of the Committee for Public Counsel Services (CPCS) in Boston, where she helps coordinate and provide training for CPCS staff attorneys and bar advocates. Previously, Ms. Diner was a CPCS staff attorney in the Barnstable and then the Boston Superior Court Offices, and she completed a clerkship with the Massachusetts Superior Court. In 2016, she was appointed by Governor Char- lie Baker to the Massachusetts Sentencing Commission. She serves on the board of the Massa- chusetts Association of Criminal Defense Lawyers and is an adjunct clinical professor of law at Suffolk University Law School. Ms. Diner is a graduate of the National Criminal Defense College and Northeastern University School of Law.

HON. SHANNON FRISON was appointed to the Massachusetts Superior Court in March of 2013, at age 42. She is the youngest judge on that court. Justice Frison took that seat after serving for more than three years on the Boston Municipal Court, from 2009–2013. She is a jurist, a major of Marines, and a mentor to new trial lawyers. Before her appointment, Justice Frison practiced locally and abroad as owner of Frison Law Firm, PC. Her practice focused on blue collar criminal law and military justice. She tried several high profile murder, rape, and conspiracy cases in the Boston area and in the military courts of North Carolina, Pensacola, Florida, and Okinawa, Japan. Her final case before taking the bench was a tragic and complex quadruple murder that occurred in Dorchester and was tried in Suffolk County Superior Court. In that matter, she defended the man accused of all four murders of four young men in a basement music studio. The trial lasted over a month and included more than sixty witnesses. Justice Frison spent nearly seven years as a litigation associate at the former white collar defense firm Dwyer & Col- lora LLP in Boston prior to opening her own firm. She earned her bachelor’s degree in government from Harvard & Radcliffe Colleges in 1992 and her juris doctor from Georgetown Univer- sity Law Center in 1995. Justice Frison was admitted to the Massachusetts bar in 1995 and began her career as an assistant district attorney with the Norfolk County District Attorney’s Office, where she worked out of the Quincy District Court. Justice Frison holds the rank of major in the U.S. Marine Corps and is a Marine Corps judge advocate. She completed Officer Candidates School and accepted her commission in the U.S. Marine Corps in 1994; she completed the Basic School and Naval Justice School in 1997. From 1997–2000, she was the prosecutor aboard Ma- rine Corps Air Station New River in Jacksonville, North Carolina. Since the beginning of the hostilities in Afghanistan and Iraq, Justice Frison has been mobilized to active duty twice in support of the global war on terror in both legal and nonlegal capacities. Her duties have taken her to the G-5 war plans branch of the Marine Forces Pacific in Hawaii, as well as the Keystone Judi- cial Circuit in Japan. In addition to serving the country and practicing law, Justice Frison has served as a Guberman Teaching Fellow at Brandeis University. She was also recently a member of the Boston Bar Association’s task force to prevent wrongful convictions and Harvard Law School’s trial advocacy workshop.

vi SHERRI A. GILMORE has been an assistant bar counsel at the Office of the Bar Counsel in Boston since February of 2008. She is a graduate of Denison University and Suffolk University Law School. Prior to joining the Office of the Bar Counsel, she practiced primarily in the area of civil litigation. Ms. Gilmore is a member of the bar of the Commonwealth of Massachusetts and the U.S. District Court for the District of Massachusetts.

EUGENE H. HO is a partner in the Boston office of Verrill Dana LLP. He counsels companies in all stages of their development from start-up through acquisition. Over his years of practice, Mr. Ho has gained significant transactional experience in all aspects of mergers and acquisitions, sales and divestitures, joint venture arrangements, commercial loan transactions, and private of- ferings. He also advises startups and entrepreneurs on entity formation matters, founder issues, and business planning and strategy. In addition, he frequently serves as outside general counsel to businesses in a wide variety of industries, including telecommunications, manufacturing, software, health care, and technology. An active member in the community, Mr. Ho is the imme- diate past president of the Asian American Lawyers Association of Massachusetts and is a current member of the board of directors of the Asian Community Development Corporation. He received his bachelor’s degree from Amherst College and his law degree from the American University Washington College of Law, magna cum laude.

JACLYN L. KUGELL is the chair of the management committee of Morgan, Brown & Joy LLP in Boston. Since 1992, she has represented employers in the Massachusetts courts, U.S. federal district courts including Georgia, Kentucky, Massachusetts, New Hampshire, New Jersey, Ohio, and Rhode Island, and the U.S. Court of Appeals for the First and Eleventh Circuits in employment litigation matters. She has also represented employers at state and federal agencies, including, among others, the Equal Employment Opportunity Commission, the Massachusetts Com- mission Against Discrimination (MCAD), the Rhode Island Human Rights Commission, the New Hampshire Human Rights Commission, the Vermont Attorney General’s Office, the Mas- sachusetts Labor Relations Commission, the National Labor Relations Board, and the Civil Ser- vice Commission. She also represents employers at arbitration hearings and negotiates collective bargaining agreements. Ms. Kugell regularly conducts seminars and training programs on unlawful harassment, preventing discrimination, fostering diversity, effectuating reasonable accommodations, effective and defensible disciplinary tools, supervisory skills, progressive discipline, lawful hiring practices, the Family and Medical Leave Act (FMLA), the interrelationship of the FMLA, disability discrimination laws, and workers’ compensation statutes, and integrated leave and attendance programs. She also advises employers on a variety of labor and employment law issues. Ms. Kugell has completed and been a faculty member for the MCAD’s certified “train- the-trainer” courses. In 2015, she was included in Massachusetts Lawyers Weekly’s “Top Wom- en of Law,” and in 2018, she received MCLE’s Scholar-Mentor Award. Ms. Kugell graduated cum laude from Brandeis University and is a graduate of the Northeastern University School of Law.

vii HON. PETER M. LAURIAT is currently a mediator/arbitrator at JAMS in Boston. He was a judge of the Massachusetts Superior Court in Boston from 1989 until his retirement from the Court in 2018. Prior to his appointment to the bench, Judge Lauriat practiced law in Boston for seventeen years, specializing in civil and criminal litigation. He is a 1971 graduate of the Univer- sity of Chicago Law School. He received his bachelor’s degree with honors in economics from Middlebury College in 1968. He has taught at Harvard Law School and the National Judicial College, and has written and lectured nationally on litigation and jury trial issues and techniques. Judge Lauriat is an author, editor, and contributor to several books, including Massachusetts Ex- pert Witnesses, the Massachusetts Jury Trial Benchbook: Third Edition, Jury Trial Innovations in Massachusetts, and the Massachusetts Deposition Practice Manual. He is also a coauthor of the Massachusetts Practice Series Volume 49: Discovery, and has been a member of the board of editors of the Boston Bar Journal. Judge Lauriat is currently a trustee of the Franklin N. Flaschner Judicial Institute, and has served as the regional administrative judge for criminal business in Middlesex County. He has chaired the Trial Court’s public access to court records committee and the Superior Court’s committee on new justices training and mentoring. He has also served as a member of the Massachusetts Supreme Judicial Court's committee on jury voir dire and cochair of its Superior Court implementation subcommittee. From 1999 until 2007, Judge Lauriat was acting chair and a member of the Massachusetts Supreme Judicial Court’s jury management advisory committee.

SUSAN LETTERMAN WHITE is a practice advisor at Lawyers Concerned for Law- yers/LOMAP in Boston, where she works with lawyers and law firms to improve leadership and management, organizational and team performance, and marketing and business development. She has designed and facilitated training and coaching programs for law firms, consulting firms, governmental agencies, universities, and chemical and pharmaceutical companies. She uses her expertise to identify strategy problems and solutions and in facilitating group discussions among organizational stakeholders. Ms. White is also an adjunct professor at Northeastern Universi- ty, where she teaches leadership, strategic change, and communication skills. She is a frequent author and speaker on strategy, change, and leadership, and is the past chair of the Massachu- setts Bar Association law practice management section. Ms. White is a graduate of Brandeis University, American University, and Loyola Law School.

SOFIA S. LINGOS is the founding and managing attorney of Trident Legal LLC, a Boston-based law firm that provides innovative transactional legal services to small businesses, entrepreneurs, and start-ups, in diverse industries, throughout all stages of growth. Ms. Lingos is also the director of the Community Business Clinic and teaches law practice management and access to justice at Northeast- ern University School of Law. She has also served as the business law and practice management advisor to Lawyers for Affordable Justice, the collaborative legal incubator between NUSL, BC Law, and BU Law. She is actively involved with numerous professional and philanthropic organizations where she holds various leadership positions. Ms. Lingos sits on the Northeastern Law Alumni As- sociation’s board of directors, where she previously served as president. She is widely published and is consistently invited to speak in the national arena on the topics of law practice management, entre- preneurship, innovation, access to justice, and business law. She has received several awards and

viii honors highlighting her professional achievements, including being selected as one of the American Bar Association’s “Top 40 Young Lawyers,” as well as a “New England Super Lawyer Rising Star” and among the “Top Women in the Law” consecutively since 2013. She is also a recipient of Massachusetts Lawyers Weekly’s Excellence in the Law award.

LYNNE MURPHY BREEN is vice president and senior underwriting and agency counsel in the Boston office of Chicago Title and Commonwealth Land Title Insurance Companies. She also serves as the director of the ClearTitle service for the Fidelity National Title Group. In her counsel position, Ms. Murphy Breen works with attorney agents in underwriting policies of insurance for both commercial and residential transactions. Previously, she was in private practice representing buyers, sellers, and lenders in all aspects of real estate transactions. She also practiced both civil and criminal litigation. She is a frequent lecturer at many bar associations and MCLE. Ms. Murphy Breen received her undergraduate degree from the University of Massachusetts at Amherst and her juris doctor from the John Marshall Law School. She has been a member of the Massachusetts bar since 1991. She is an active member of REBA, serving on the continuing education committee. Ms. Mur- phy Breen is the recipient of the Massachusetts Lawyers Weekly and New England In-House 2017 In-House Leaders in the Law award.

C. MAX PERLMAN is with Hirsch Roberts Weinstein LLP in Boston. He specializes in employment and shareholder relationships, including restrictive covenant litigation, close corporation shareholder disputes, wage and hour actions, and discrimination matters. He also provides representation in disputes arising out of corporate mergers and acquisitions and advises on negotiation of terms of executive compensation, employee terminations, and formulation of employment policies. Mr. Perl- man is a member of the Massachusetts, Boston, and Federal Bar Associations, and the board of editors of Massachusetts Lawyers Weekly. He is a graduate of Boston University School of Law and Binghamton University.

JOANNE E. ROMANOW is a partner in the family and probate law group at the Boston law firm of Casner & Edwards LLP. Her practice encompasses all aspects of domestic relations and probate litigation, including divorce, custody, modification, child support, paternity, guardianship, and will con- tests. Ms. Romanow handles high conflict disputes in a variety of litigation involving asset division, complex business valuation, inheritances, custody disputes, domestic violence, and non-traditional family structure. She has been appointed as a guardian ad litem by the Probate and Family Court and has acted as a parent coordinator in high conflict cases. Prior to joining Casner & Edwards LLP, Ms. Romanow was a partner at Schlesinger and Buchbinder LLP in Newton, where she concentrated in matrimonial and family law. Prior to law school, she worked as a caseworker for the Onondaga County Department of Social Services in the Children’s Protective Services Unit. Ms. Romanow is a graduate of Syracuse University, magna cum laude, with a B.S. in family and community services, and obtained her law degree from Boston College Law School.

JESSIE J. ROSSMAN joined the American Civil Liberties Union (ACLU) of Massachusetts as a staff attorney in June 2013. She has both trial level and appellate advocacy experience and litigates on a broad range of civil rights and civil liberties issues, including privacy and technology, free speech, reproductive rights, the criminalization of poverty, and gender discrimination. She has a law

ix degree from Harvard Law School and a bachelor’s degree from Yale University. Before joining the ACLU of Massachusetts, Ms. Rossman served as a law clerk to Judge Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. She also worked as a staff attorney at the ACLU of Michigan and as a litigation fellow at the Natural Resources Defense Council.

AMY SIXT has been in private practice in Lynn since 2005, and is currently a supervising attorney for the Essex County Bar Advocate Program. She serves on the juvenile, youthful offender, District Court, and Superior Court panels in Essex County. She has been on the Essex County Bar Advocate Panel since March 2005. Ms. Sixt is a graduate of the National Criminal Defense College and Boston University School of Law.

LAWRENCE A. WIND is a solo practitioner in Boston specializing in personal injury, workers’ compensation, and landlord/tenant law. Since 2012, Mr. Wind has represented many clients on both sides of the aisle, won six-figure recoveries on behalf of his clients, and cultivated a successful, litigation-focused practice. Prior to going solo, he worked for the law firm of D’Angelo and Hashem practicing personal injury law, and, prior to that, the Cellai Law Office, where he practiced civil litigation with a focus on commercial breach of contract cases. He graduated from Lehigh University in 2006, from the Widener School of Law in Delaware in 2009, and was admitted to the Massachusetts bar that same year. Mr. Wind was the recipient of the 2013 Denis Maguire Award by the Volunteer Lawyers Project of Boston for his pro bono work in landlord/tenant law. He has spoken on the topic of trying landlord/tenant cases in the Boston Housing Court for the Boston Bar Association and has spoken on how to start a successful solo practice for Lawyers for Affordable Justice.

x Table of Contents

Section 1: Professionalism in Developing, Managing, and Maintaining Relationships—and in Problem Solving ...... 1 Catherine F. Downing, Jaclyn L. Kugell, Hon. Peter M. Lauriat, C. Max Perlman, & Lawrence A. Wind  Fact Pattern ...... 3  Granting Courtesies to Opposing Counsel ...... 5  Managing Professional Relationships ...... 7  Top Ten Tips to Be an Effective Lawyer Presentation Slides ...... 11  Outline for Initial Client Meeting ...... 15

Section 2: A Deeper Look at the Profession: Trends, Challenges, and Opportunities ...... 19 Catherine F. Downing, Lynne Murphy Breen, Shira M. Diner, Eugene H. Ho, Joanne E. Romanow, Amy Sixt, & Lawrence A. Wind  Articles by Dr. Cindy McGovern, First Lady of Sales for Orange Leaf Consulting Someone Else’s Career ...... 21 Do You Have a Roadmap? ...... 25 Leveraging Your Network ...... 29 Your Goal in 100 Days ...... 33 You’re Worth It, So Ask! ...... 39 Overcoming Shy ...... 43 Dr. McGovern Bio ...... 47  How to Become Certified to Represent CPCS Clients ...... 49  Standards for Category F Guardian ad Litem Investigators ...... 51  Guardian ad Litem Agreement and Understanding ...... 75  Guardian ad Litem Standing Order ...... 79

Section 3: Challenges and Opportunities of New Technology and Social Media ...... 83 Sofia S. Lingos  Ethically Maximizing the Benefits of Technology and Social Media Presentation Slides ...... 85

xi Section 4: Implicit Bias, the Importance of Diversity and Inclusion in the Legal Profession, and Promoting Access to Justice ...... 91 Hon. Shannon Frison & Jessie J. Rossman  Implicit Bias Presentation Slides ...... 93

Section 5: Tools and Resources for Maintaining Your Professional and Personal Well-Being: A Better Practice and a Better You ...... 101 Barbara J. Bowe, Sherri A. Gilmore, & Susan Letterman White  Top Ten Tips to Avoid Ethical Issues Presentation Slides ...... 103  Tools and Resources for Maintaining Your Professional Well-Being Presentation Slides ....107

xii Program Agenda Monday, March 11, 2019

8:15 a.m. – 9:00 a.m. Check-In and Practicing with Professionalism Video Montage (Networking Breakfast Provided by MCLE)  10-minute video featuring prominent judges and lawyers addressing professionalism, civility, the importance of pro bono service, bar membership, continuing legal education, and what it is like to practice law in the Com- monwealth of Massachusetts. (Plays on a continuous loop throughout the hour.)

9:00 a.m. – 9:10 a.m. Law as a Profession: The Relevance and Importance of the Practicing with Professionalism Requirement Hon. Margot Botsford, Supreme Judicial Court, Commonwealth of Massachusetts (Ret.)  A member of the SJC’s Standing Committee on Professionalism emphasiz- es the value of this course, and identifies attributes and the importance of professionalism in the practice of law, while also highlighting the historical significance of Massachusetts lawyers in upholding the rule of law.

9:10 a.m. – 10:15 a.m. Professionalism in Developing, Managing, and Maintaining Relationships—and in Problem Solving Catherine F. Downing, Esq., Downing Van Dyke, Boston, Chair Hon. Peter M. Lauriat, JAMS, Boston  Your reputation takes years to build; start off right today: Civility in attorney-client relationships, attorney-to-attorney interactions, relationships with colleagues (including non-attorney staff), and communication with court and government agency personnel must all be respectful and rooted in ethical principles. Jaclyn L. Kugell, Esq., Morgan, Brown & Joy LLP, Boston C. Max Perlman, Esq., Hirsch Roberts Weinstein LLP, Boston  How to artfully balance the tension between zealous advocacy and the duty to conduct oneself civilly at all times; and how to diffuse difficult personalities. Hon. Peter M. Lauriat, JAMS, Boston  Strategies for effectively resolving conflicts: prioritizing a negotiated so- lution, using active listening techniques, separating people from the problem, focusing on interests and not positions, and generating options for mutual gain. Catherine F. Downing, Esq., Downing Van Dyke, Boston Lawrence A. Wind, Esq., The Law Office of Lawrence A. Wind, Boston  Strategies for managing client expectations.

10:15 a.m. – 11:00 a.m. A Deeper Look at the Profession: Trends, Challenges, and Opportunities: Strategies for Building Competency & Sur- viving the Financial Challenges of Being a New Lawyer in an Increasingly Commoditized, Evolving Legal Market- place—and Thriving Catherine F. Downing, Esq., Downing Van Dyke, Boston—Moderator

xiii Lynne Murphy Breen, Esq., Chicago Title and Commonwealth Land Title Insurance Company, Boston Shira M. Diner, Esq., Committee for Public Counsel Services, Boston Eugene H. Ho, Esq., Verill Dana LLP, Boston Joanne E. Romanow, Esq., Casner & Edwards LLP, Boston Amy Sixt, Esq., Law Office of Amy Sixt, Lynn Lawrence A. Wind, Esq., The Law Office of Lawrence A. Wind, Boston  How to develop clients, identify mentors, and promote access to justice

11:00 a.m. – 11:10 a.m. Networking and Refreshment Break

11:10 a.m. – 11:45 a.m. Challenges and Opportunities of New Technology and Social Media Sofia S. Lingos, Esq., Trident Legal LLC, Boston  Maximize the benefits of technology and social media in your practice and marketing, with civility, while steering clear of potential ethical traps and pitfalls.

11:45 a.m. – 12:15 p.m. Implicit Bias; the Importance of Diversity and Inclusion in the Legal Profession; and Promoting Access to Justice Hon. Shannon Frison, Superior Court, Commonwealth of Massachusetts Jessie J. Rossman, Esq., American Civil Liberties Union, Boston  Impact implicit biases have on the practice of law, including on attorney interactions, client representation, court access, and jury selection. What can lawyers do to address this problem and promote diversity within, and equal service from, the legal profession?

12:15 p.m. – 1:05 p.m. Tools and Resources for Maintaining Your Professional and Personal Well-Being: A Better Practice and a Better YOU Sherri A. Gilmore, Esq., Assistant Bar Counsel, Board of Bar Overseers, Commonwealth of Massachusetts  Top 10 tips for avoiding rookie missteps that can lead to an inquiry from the Office of Bar Counsel. Barbara J. Bowe, Esq., LICSW, Lawyers Concerned for Lawyers, Inc., Boston Susan Letterman White, JD, MS, Massachusetts Law Office Management Assistance Program (LOMAP), Boston  Resources abound: The importance of well-being, and tips for caring for yourself and your practice from Lawyers Concerned for Lawyers (LCL) and its Law Office Management Assistance Program (LOMAP).

1:05 p.m. – 1:15 p.m. Closing Remarks and Distribution of Certificates of Comple- tion Catherine F. Downing, Esq., Downing Van Dyke, Boston  Be proud to be a lawyer, and develop the great one inside you!

xiv

SECTION 1 Professionalism in Developing, Managing, and Maintaining Relationships—and in Problem Solving

Catherine F. Downing, Esq. Downing Van Dyke, Boston

Jaclyn L. Kugell, Esq. Morgan, Brown & Joy LLP, Boston

Hon. Peter M. Lauriat JAMS, Boston

C. Max Perlman, Esq. Hirsch Roberts Weinstein LLP, Boston

Lawrence A. Wind, Esq. The Law Office of Lawrence A. Wind, Boston

2 PROFESSIONALISM IN DEVELOPING, MANAGING, AND MAINTAINING RELATIONSHIPS—AND IN PROBLEM SOLVING Jaclyn L. Kugell, Esq. Morgan, Brown & Joy LLP, Boston www.morganbrown.com

C. Max Perlman, Esq. Hirsch Roberts Weinstein LLP, Boston www.hrwlawyers.com

THE FACTS

Last Wednesday, ABC Corp. filed suit against its primary competitor, XYZ, Inc., after XYZ hired Brooke Bradley, who was one of ABC’s top salespeople. ABC and XYZ are fierce rivals in the in their industry, and do not like or trust each other. XYZ’s hiring of Ms. Bradley, who had a noncompete agreement, has only made things worse. ABC moved for a preliminary injunction preventing Ms. Bradley from working for XYZ, and asked for an emergency hearing, which the Court scheduled for this coming Thursday. Before the hearing on Thursday, XYZ and its lawyer, Max Hirsch, will need to put together an extensive set of legal briefs and affidavits, which will require a massive amount of time and effort. This past weekend, Mr. Hirsch’s daughter suffered a serious knee injury playing soccer and will require surgery, which is scheduled for Wednesday morning. He is concerned that this will prevent him from getting all of the necessary work done in time for the hearing. Mr. Hirsch, after consulting his client has decided to reach out to ABC’s lawyer, Jackie Morgan, to request that the hearing be moved to the following week.

4 GRANTING COURTESIES TO OPPOSING COUNSEL

C. Max Perlman, Esq. Hirsch Roberts Weinstein LLP, Boston www.hrwlawyers.com

LAWYERS ROUTINELY GRANT COURTESIES TO EACH OTHER. FOR EXAMPLE:

• Agreeing to extend deadlines

• Answer to complaint

• Discovery responses

• Scheduling order / tracking order deadlines

• Cooperating regarding the scheduling of depositions

• Rescheduling hearings

• Working around vacation schedules, parental leave, and family and medical emergencies

• Removing simple defaults

• Assenting to motions concerning page limits and replies

• Requesting second call if opposing counsel is late for court

• Permitting counsel to correct procedural errors

• Accepting service of summons or subpoena

WHY DO WE GRANT COURTESIES?

• It is humane and respectful to grant courtesies in light of the many competing demands that lawyers and their clients have on their professional and personal lives.

• Judges expect counsel to grant each other courtesies and often will look unfavorably upon counsel and parties who refuse reasonable requests.

• Lawyers who refuse to grant reasonable courtesies will soon earn a bad reputation with judges and other lawyers.

• Every lawyer will need a courtesy at some point, and lawyers cannot expect to be granted courtesies unless they reciprocate.

• Courtesies foster a constructive tone between the parties.

5 • It is simply better for the profession if lawyers can avoid conflict on trivial matters that can be resolved via a courtesy.

WHEN SHOULD WE REFUSE TO GRANT A COURTESY?

• Material negative impact on the client’s interests. Examples:

• Requests for relief from elapsed statute of limitations

• Request for extensions when emergency injunctive relief is sought

• When granting the request would unreasonably delay the disposition of the matter

• Upon reasonable suspicion that the courtesy is sought for an ulterior purpose

• When the client reasonably refuses

WHAT IS THE CLIENT’S ROLE IN GRANTING OR DENYING COURTESIES?

• The client should, at a minimum, be kept apprised of courtesies granted and received

• What if the client instructs you to deny a courtesy?

• Discuss the client’s reasons

• If no valid reason, push back

• Rule 1.2: “A lawyer shall seek the lawful objectives of his or her client…A lawyer does not violate this rule by acceding to reasonable requests of opposing counsel, avoiding offensive tactics or treating with courtesy all persons involved in the legal process.”

MECHANICS OF COURTESIES

• Request a courtesy as soon as you know that you need one

• When denying a courtesy, explain the reason(s) in writing to opposing counsel

• Document extensions received

• File assented-to motions, if needed

• Say “thank you”

6 MANAGING PROFESSIONAL RELATIONSHIPS

C. Max Perlman, Esq. Hirsch Roberts Weinstein LLP, Boston www.hrwlawyers.com

Catherine E. Reuben, Esq. Hirsch Roberts Weinstein LLP, Boston www.hrwlawyers.com

YOUR OATH AS AN ATTORNEY:

I solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless or unlawful suit, nor give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts ac- cording to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me God. M.G.L. c. 221, §28 When assessing best practices for interactions with clients, opposing counsel, and the tribunal, the Massachusetts Rules of Professional Conduct (the “Rules”) are always a good place to start the analysis. The following is a brief summary of certain provisions of Rules directly applicable to this topic.1

ON EXTENDING COURTESIES

Rule 1.2: A lawyer shall seek the lawful objectives of his or her client…A lawyer does not violate this rule by acceding to reasonable requests of opposing counsel, avoiding offensive tactics or treating with courtesy all persons involved in the legal process.

RELATIONSHIPS WITH CLIENTS

The Rules require that lawyers:

• Be competent, diligent and zealous (Rule 1.1 and 1.3)

• Abide by their clients’ wishes (Rule 1.2)

• Keep their clients informed (Rule1.4)

• Charge a reasonable fee (Rule 1.5)

1 The bulleted items are not the actual rules, but only a brief, informal description of some of the contents. When making decisions about how to proceed, you should refer to the actual text of the rule.

7 • Maintain confidentiality (Rule 1.6)

• Avoid conflicts of interest (Rule 1.7-1.13)

• Protect their clients’ property (Rule 1.15 and 1.15A)

• Exercise independent professional judgment and render candid advice (Rule 2.1)

• Supervise their staff (Rule 5.1)

RELATIONSHIPS WITH OPPOSING COUNSEL

The Rules prohibit lawyers from:

• Altering or hiding the evidence (Rule 3.4)

• Making frivolous discovery requests (Rule 3.4)

• Failing to make a reasonably diligent effort to comply with discovery (Rule 3.4)

• In appearing before a tribunal, engage in conduct manifesting bias or prejudice based on race, sex, religion, national origin, disability, age or sexual orientation (Rule 3.4)

• Communicating directly with someone known to be represented by counsel (Rule 4.2)

• Failing to inform third parties of inadvertently sent electronic documents (Rule 4.4)

RELATIONSHIPS WITH THE TRIBUNAL

The Rules prohibit lawyers from:

• Knowingly making or failing to correct false statements (Rule 3.3)

• Failing to disclose directly adverse legal authority (Rule 3.3)

• Failing to take action to remedy intended fraud or crime by the client (Rule 3.3)

• In ex parte proceeding, failing to inform tribunal of all material facts needed by the tribunal to make an informed decision (Rule 3.3)

• Aiding a client to make false testimony (Rule 3.3)

• Obstructing access to, altering or concealing evidence (Rule 3.4)

• Bribing or otherwise improperly attempting to influence witnesses (Rule 3.4)

• Manifesting bias or prejudice (Rule 3.4)

• Seeking to influence judges, jurors, or other officials by illegal means (Rule 3.5)

• Engaging in ex parte communications without authorization (Rule 3.5)

8 • Using publicity to materially prejudice the outcome (Rule 3.6)

10 Top 10 Tips to be an Effective Lawyer

Or How to Succeed as Yourself!

10.

Know the Breathalyzer law!

Work collaboratively – not confrontationally

11 8. Don’t write what you wouldn’t say to or about the other side in front of a judge

7. Be willing to apologize - especially if you lose your cool

6. Don’t let ‘em see you sweat - expect surprises and setbacks, and work around them

12 5.

Stand in your opponent’s shoes – understand the other side’s goals and motives

4. Always make a record - a memo to the file; a letter or an email to client, counsel, or third party

3. Be short, concise and thoughtful in your speaking and writing

13 2.

Always be prepared – knowledge is power!

Be respectful, responsible, and civil – always

14 OUTLINE FOR INITIAL CLIENT MEETING

Lawrence A. Wind, Esq. The Law Office of Lawrence A. Wind, Boston

1. Preparation for the Meeting a. Do research on the law of the case beforehand. b. Remind potential client to bring any documents related to the case. c. Have any releases, representation agreements, etc. for the client’s signature ready. 2. Introduction and Pleasantries a. Small talk establishes a rapport and lessens stress. Remember this is a stressful time for the client. b. How did they find you? Important for business generation as well as potential details of the background of the case. c. Explanation of the attorney-client privilege and the confidentiality protections of the meeting. 3. Basic Information of Client a. Ask for ID i. A good idea to confirm identity. ii. Driver’s license is important for motor vehicle crash; other ID might be relevant for other cases. b. Basics i. Full name and any aliases or name changes

ii. Date of birth iii. Address iv. Phone number v. E-mail vi. Alternate contact person 4. Facts of the Case a. The Balancing Act

15 i. People want to be heard and tell their story. That builds trust, makes them feel heard, and reveals important facts, BUT… ii. An uncontrolled narrative can be time consuming, meandering, difficult to focus on the important facts, and overload you with irrelevant information. b. Control the Meeting i. “I want my notes to be as organized and thorough as possible, so I’m going to ask you some questions about the case.” ii. “Let me stop you there so I can get some background information and organize my notes.” iii. “We’ll get back to that in a little bit.” iv. “Let’s take a step back.” c. Use a Relaxed Direct Examination i. Who? What? Where? When? Why? How? ii. Use diagrams, models, acting, laptop, etc. to get the whole story. iii. Get a timeline of what happened up to this meeting. d. “Is there anything else you want to tell me about the situation?” e. Make sure you cover the prima facie case elements you need. 5. Analysis of the Situation a. Give the client a roadmap of how the case could progress. b. It’s OK to acknowledge uncertainty on an issue as long as you assure the client you will research the issue and get back to them about it. A confident “I don’t know, but I will find out for you,” is much better than a weak, bumbling attempted answer that may be wrong.

c. Acknowledge the uncertainties and problems of the case early. 6. Managing Client Expectations a. Clients want certainty, part of your job is to acquaint them to the uncertainty inherent in litigation and help them navigate the unexpected. b. “What is my case worth?” i. At such an early point, you honestly don’t know what it’s worth. ii. If you want to give a number, be conservative, provide a range and hedge it with the acknowledgement that you have just started the case.

16 1. Example response: “I get that question a lot and it’s a perfectly reasonable one to have. Unfortunately, I can’t say for certain what your case is worth right now and I would be doing you a disservice by trying. As we move forward, I will have a better idea and will certainly let you know my thoughts on valuation as soon as the contours of the case become clearer.” 2. If pressed for a number: “I hate to set a number down at such an early point in the case, but if you insist, my best prediction is that your case probably has a value of [$] to [$$$]. Of course, any case in litigation has the potential to result in a loss with no recovery to you.” Perform verdict and settlement research beforehand to help determine the range of probable recovery. iii. Under promise and over perform. 7. Collecting Evidentiary Materials a. Gather documents, pictures, and other relevant evidence the client has brought. b. Make plans to collect materials that you need but the client has not brought. Anticipate the discovery requests you will receive. 8. Fee Agreements a. Research beforehand any specific requirements for a fee agreement in the case. b. Review agreement with client before signing. c. Make sure the scope of representation is explicitly set forth in the agreement. i. A post-meeting engagement letter with more detail is recommended. 9. Other Forms a. Consider whether any other documents need to be executed (e.g., releases for records). b. Research beforehand what other documents may be important for the type of case.

10. What’s Next? a. Brief overview of the next few things you are going to do. b. Instructions to the client on what they need to do, if anything. 11. Final Questions a. Address any last questions, comments, or concerns from the client.

SECTION 2 A Deeper Look at the Profession: Trends, Challenges, and Opportunities

Catherine F. Downing, Esq. Downing Van Dyke, Boston

Lynne Murphy Breen, Esq. Chicago Title and Commonwealth Land Title Insurance Company, Boston

Shira M. Diner, Esq. Todd & Weld LLP, Boston

Eugene H. Ho, Esq. Verrill Dana LLP, Boston

Joanne E. Romanow, Esq. Casner & Edwards LLP, Boston

Amy Sixt, Esq. Law Office of Amy Sixt, Lynn

Lawrence A. Wind, Esq. The Law Office of Lawrence A. Wind, Boston

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Some Ele’s Car May 16, 2018 | news

Have you ever woken up one morning and thought, “Whose life is this?!” or ‘How did I get here?!” You’re not alone. I have a neighbor who had a great plan for her life. She was going to marry her high school sweetheart, have the career of her dreams and have about three kids. Except… She didn’t actually want to get married or have kids. I mean, that’s what was expected of her. By everyone else.

21 Well, she had a career. Kinda. It wasn’t really based on her dreams, but she had gone to school for it, so she had to do it. Right?

She also dragged her high school sweetheart along with her. That wasn’t really his plan either. And the kids? Well, she had one and realized, “I don’t actually want more kids.” But everyone was THRILLED for her – she was living the dream! Someone else’s dream, that is.

That’s when she had that moment where she woke up and realized, this wasn’t the life she wanted. She had ‘the life’, well, at least on paper. The problem is, it was someone else’s life she was living.

So, what happened? Where did her ‘plan’ derail? How did she get here? My guess – she never really had a plan in the rst place. I know that sounds crazy, I mean, she has an enviable life. But this wasn’t her plan – it was someone else’s plan for her. She never really thought about what she wanted, how she would achieve it or how she would live it.

After some deep soul searching, my neighbor created a new dream – a new path for her life. She went back to school (at night, of course, because, after all, she was still working her not-so-dream job) and got the degree she

22 actually wanted and now, has the career she wanted, being the kind of mom she wants to be.

But why did it take her getting to the breaking point to

gure out what she wanted? Again, because she didn’t have HER plan. Here’s the thing: Your plan has to be YOUR plan. Your plan has to reect your passions, desires and ambitions.

Don’t live someone else’s plan for you. Live your own life!

First, really think about what you want. REALLY think about it. How do you envision your life? Then commit to the steps to get there. Want a new career? Want a raise? Want your kids to eat their veggies? There’s no plan too big or too small, but don’t just sit there!

Second, practice saying “no” to someone else’s dream for your life. Sure, perhaps parents and friends want to help shape your path (and it comes from a place of love) but it’s ok to say no.

Third, take a step in the right direction. Whether it is signing up for a class, or moving to a new town, or just telling people that you have made a decision…Take a step!

23 Remember: If you build your life around the plan that your family or your partner or someone else has dictated to you, you will never be truly happy—at least in your own head and heart.

Fol me on Soc Med

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Do Yo Hav a Rod? Apr 18, 2018 | news

Ever been in line in McDonalds and you’re stuck behind someone who is looking over the menu like it has suddenly changed for the rst time in its 150-year history as a company?? It’s McDs! Nothing changes! That’s the beauty of the chain! Here’s my order: Burger, extra pickles, small fry, diet coke. Step aside, indecisive, because I know what I want! Can I get an amen??

If you can’t order at McDonald’s, how are you going to order your career, your life, your relationships? What do

25 you want?

If you’ve been following my blogs, you know the importance of knowing yourself and what you have to offer. But what about what you want?

Imagine selling the boss on all of your skills, your accomplishments and your passions then he or she asks,

“You sound amazing, what can I do for you?” and you don’t have an answer. Or the professor agrees with your impassioned speech about statistical analysis then asks, “What will you do with that ne idea?” And you don’t have the foggiest idea. Or the neighbors agree with you about the need for resurfacing your street then ask, “What’s the next step?” And you don’t know.

So, the rst step to succeeding is to know what success looks like to you. That requires some thought. That requires planning. It’s the whole key to getting someone to give you something, to do you a favor, to say “yes” to a request or to simply help you out.

It’s the key to making life sales —those everyday transactions with other people that can result in getting what you want.

26 Here’s 3 steps to get you on the road to knowing what

you want and making a plan:

1. Know what answer you want. Obviously, you want a “yes,” but get specic. Do you want a raise? Ok, for how much? Starting when? Do you want a date? With whom? When? To go where and do what? Do you want to publish your novel? Ok, with whom? For how much? With what kind of contract? You get the idea. Map it out!

1. Narrow down your choices. Make a list of pros and cons for each of the choices. Include really specic details like potential timelines, outcomes and even future life sales opportunities from each choice.

1. Buckle down and focus. Keep your end game in mind at all time. Put a sticky note on your dashboard or inside your bathroom medicine cabinet or on your fridge. Make the wallpaper on your phone a photo of your goal so you’re reminded of your commitment continually.

Remember the old adage, “Failure to plan is planning to fail.” You can do this! You just need a plan!

27 Fol me on Soc Med

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Levin yo ner Jun 27, 2018 | news

‘It’s not what you know, but who you know’. We’ve all heard that phrase, but how true is it? Pretty true as it turns out!

I have talked a lot about the need to have a plan, but in order to execute that plan, you are probably going to need some help. A little help from your friends.

It doesn’t matter if you need help with a fundraiser or a new job, you can be your own best marketing tool simply by leveraging your network.!

29 We all have circles of people in our lives, depending on our relationships – we have our inner circle of friends, then the next layer are friends, but not always your go-to people, then acquaintances, colleagues, friends-of- friends, etc. Do you know how each of those people can help support your goals? Do they even know what your goals are?

When you make the mind-shift to treat everyone you meet as a potential contact/prospect/client/helper you realize your plan doesn’t have to be a solo gig! You can lean on your friends for a little help. All you have to do is ask! We all like to help one another.

When you have a long-range plan, the network is crucial to helping to make that plan a reality. You get focused on your purpose and who can help and then your networking goals become clear. You then start to focus on who you need to meet and build relationships with in the long term, to reach your goals.

In the last few blogs, I’ve touched on techniques for building that plan, including activities for those who struggle with being shy, those who need help with small talk and others who have a hard time with not being pushy in reaching their end game. Bottom line:

30 Having a plan to reach your goals should include leveraging your network.

So, sit down and really think about the potential value of your network in terms of leverage. Is there an area of your network that’s a little on the slim side, for example, are you heavy on friends in marketing but would benet from knowing some accounting professionals? This exercise works personally and professionally! Think about what you need, what you have to offer, and ll in those networking gaps.

Next, think about how close you are to your contacts. How strong are your ties? Are there some relationships you need to reach out to, to keep the momentum? Don’t be shy about asking your network – your friends and colleagues – to help introduce you to their own network. The online fundraising platform Go Fund Me is built on this premise – leveraging networks to do good!

Do your friends and other network contacts understand your plan? Do they know what you need? Don’t be shy about telling them! They don’t need to know every detail, but if they know your end-game, they can probably help you get there.

31 It’s well worth the time to invest thought and time into your networking plan to reach your goals. Always be developing relationships, and when the time comes, you can pick up the phone and make your goals happen!

Fol me on Soc Med

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Yor Gol in 100 Day Jan 14, 2018 | news

A new year is upon us and with that an opportunity to start fresh! Refocus on what you truly want and start building the habits to get you those things. So let’s look at the rst 100 days of the year. That’s one-third of the year, folks—a respectable chunk of time, but not so long to be unachievable or daunting. So what can you do, and how will you do it to get to where you want to be?! Here are some tips.

33 Planning, Planning, Planning: If you have read any of my stuff or ever heard me speak – you know I always start with planning! It’s the most important step in getting what you want and where you want to be. As the folks at

AAA have told us for years, you can’t get where you’re going without a map. And in life, you can’t achieve pretty much anything worthwhile without a plan.

It doesn’t have to be hard-bound, comprehensive, 20- chapter ofcial document that includes all your history. This is overkill and usually by the time you nish a document that big, the year is over and you either have to start again or have lost A LOT of time!

Start simple. Begin with a brief description of where you are, where you want to be, and the resources you have at hand. Spend some time on this to get really clear on what you really want. Once you have it all written down start brainstorming! Think about strategies, tactics, and timeframes to get you there. Edit them down to a realistic assortment of tasks, and you’ve got a basic starting point—it’s as simple as that.

Fire It Up: A lot of plans end up sitting on the shelf because of lack of follow-through. If you have a project management style you like to use it can help, but in

34 reality, all you need is a calendar. It will prove to be the most useful tool. Walk through your plan thoroughly and schedule the bits and pieces, even the smallest ones, on what appears to be a reasonable timeline.

You know, researchers say it takes 60 days to establish a new habit; within your 100-day plan, you’ve got time to build a few of these! Choose wisely. Pick the things that will have the most impact and a few that you know will be easy to stick to. Little victories help keep your motivation going!

Be sure to keep an eye out for heavy-activity periods; some tasks will need to take place at a certain time (i.e., monthly or end of the quarter), but others are more exible—space them out accordingly. Be generous with teasers, ticklers, and reminders to keep the essential parts of your plan on schedule, and be sure to note some clear milestones to track your progress.

With a 100-day approach, there should be something noted for every day. Even weekends—those activities are called “rest, refresh, and revitalize.” Take them seriously!

Prioritize Strategically: Those are two very important words. Prioritize the elements of your plan in terms of their importance. It’s always tempting to tackle the

35 simpler tasks rst—grab that low-hanging fruit—but rarely are these the keys to success. (If they were,

EVERYBODY would be successful.)

Be strategic in how you build the schedule. And keep in mind that quite often, taking care of those tasks that you dread rst can pay major dividends. That can be a good approach for your daily to-do list just as it can within the context of your 100-day plan.

One of the best things about having a plan is being able to evaluate a potential activity in terms of whether or not it supports your major goals. See where it ts…and if it doesn’t, re-think whether it even needs to be on your to- do list.

(You can use the basic four-prong test, urgent or not urgent, important or not important. And if it’s not urgent OR important? Well, why are you doing it?)

Your next 100 days could be more fruitful than you’d ever expect. Take this opportunity to lay the groundwork for success, and you’re likely to end up in a winning position come May….when it’s time to start your NEXT 100 days!

36 Fol me on Soc Med

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Yo’re woh it, so as! Mar 21, 2018 | news

I have a friend who constantly bites off more than she can chew – in her home life, her parenting, her business, her friendships. She’s forever stressed and overwhelmed.

She’s the one the PTA calls rst and her boss asks to stay late. She bakes homemade cookies for fundraisers, traipses door-to-door selling gift wrap, and picks up extra duties at work for no recognition other than an “atta girl” or “thank you.”

39 She would tell you she thrives on deadlines. And while that’s legitimately true for many of us, I gotta be honest – she appears to be STRIVING, not THRIVING!

Here’s the thing: She’s missing opportunities. All because she hasn’t embraced her own self-worth yet.

Let me ask you this: If I gave you $100 bill would you take it? If I folded it in half, would you still want it? What about if I crumpled it up, stomped on it and ground it into the dirt? Would you still want it? Of course you would! A hundred bucks is still a hundred bucks! So why do we put more value on a piece of paper than we do ourselves, our skills, our abilities, our thoughts, our ambitions? It’s time to stop that!

But usually, we don’t want to upset the apple cart.

Neither do the workers who won’t ask for a raise even though they know they are underpaid.

Neither do the patients who are reluctant to ask their doctors to explain medical terms and treatments. Neither do the students who nd themselves in need of extra help but believe their teachers are unapproachable.

Why is that? Don’t they deserve to be treated with kindness and love? Don’t they deserve to understand

40 their own health diagnoses? Don’t they deserve to be heard? Don’t they deserve to have what they want and need? Don’t they deserve to draw boundaries for themselves and expect others to respect that?

Of course they do! And you do too! To get what you deserve, you really have to believe you deserve it.

If you have to upset a few apple carts to get there, then give yourself permission to upset a few apple carts. Upset them all. Go for it!

Here are a few things to get you on the right track:

1. Realize that when you refuse to ask for what you want, need, deserve, expect or earned, you are, in a way, giving someone else permission to decide what you deserve.

2. Practice your “ask.” The best way to get something is to give something. Couch your request in the spirit of a win- win. Here’s what I want; here’s how you can help me.

3. Borrowing a phrase from our friends at Nike – Just do it! The best way to overcome your fear or reluctance is to just do it. So, give it a try. Muster the courage to ask for what you want! You deserve it!

41 We all want to help each other. So, own your value as a person and remember: The only permission you need is your own!

Fol me on Soc Med

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Ovem Sh Aug 15, 2018 | news

Let’s face it, being shy has a bad rap. But it doesn’t have to be that way! Shy people simply approach ideas and people from a different angle. And that’s what makes diversity so much more rich – different approaches.

My neighbor Keith is painfully shy – so much so that he doesn’t even feel comfortable laughing out loud! He doesn’t like direct attention, and he really enjoys solitude.

But he also knows that the ne art of small talk in a social situation is how he’s going to get some of his goals

43 accomplished. Keith has plans for himself that reach far beyond the limits of his shyness!

One of Keith’s plans is to someday launch his own online e-store. He knows he will need help, support and advice.

So, he intentionally puts himself out there – meeting new people, making connections, even though this is way outside of his comfort zone.

Lest you think it’s that easy, let me assure you, Keith struggles for sure, but what has helped him immensely is advanced planning. He has found that if he does a little prep work, if he has a plan, he takes away some of the fear and anxiety about mingling with a room full of strangers.

First, he does his research. Keith nds out who will be attending a networking event, a seminar, or cocktail hour, and make a list of at least three people he wants to talk to. He makes notes about them – where they work, what they specialize in, and most importantly, what he’d like from them. Whether it’s advice, or a recommendation, or an invitation to meet for coffee – he approaches them with a goal.

Next, he makes a list of three “small talk” questions for those three new contacts he plans to meet. He knows, as

44 a shy introvert, he can’t make a true connection with more than three people without completely depleting his energy. He’d rather leave on a high note, than dragging his carcass home!

He also takes notes about the venue itself. Keith knows that if he doesn’t have to worry about trafc, parking, if there will be food, if there’s loud music, or if there’s membership expectations, it’s less to worry about. So, when he walks into the venue, he’s comfortable with his surroundings.

Finally, he plans on his exit – not only from the various conversations, but also from the event itself. He doesn’t want to over-think how to gracefully end a conversation, so he keeps business cards with him, hands one to the person he met and asks if it’s ok that they connect on LinkedIn. It’s not pushy, creepy or awkwardly drawn out.

Keith’s social anxiety doesn’t hold him back! And it doesn’t have to hold you back either! With careful planning, reaching out to others for help and support, I have no doubt he’ll reach his goal. So, if shyness is a stumbling block for you, start with the small stuff. Start with a simple LinkedIn search and look for any people you might have any common with the person you really

45 want to meet. Ask for an online introduction – a more comfortable way for someone who is shy to begin interacting. Lead up to “cold emailing” someone you really want to meet. Each action leads to your in-person- meeting plan and you’ll have a better grip on creating small talk that leads to a relationship!

Fol me on Soc Med

Dr. Cindy McGovern First Lady of Sales

Let’s face it—if you’re in business today, goals for personal and professional growth are most likely at the top of your list: increased business, greater productivity, and better time management.

Dr. Cindy McGovern and Orange Leaf Consulting can help you make those goals a reality. She helps advance careers through individual coaching, workshops and keynote speaking. Working with clients both in the US and Internationally, she coaches business owners and principles – bringing out the best, top performer in everyone.

Known far and wide as “Dr. Cindy,” the First Lady of Sales, she’s earned her reputation by building (and rebuilding) leaders and teams from the bottom up. Dr. Cindy and OLC have helped clients create dramatic and sustainable revenue growth.

Dr. Cindy is an expert in the areas of sales, marketing, leadership and management. She can quickly figure out what a client needs to be more successful, and her current knowledge of multiple industries helps them implement new behaviors needed to succeed.

One reason for her success is that she serves as both teacher and coach, working together with to co-create a well- planned future. She doesn’t tell her clients what to do—she listens, learns about their successes and challenges, and then helps them create strategies designed to be effective long after her visit has ended.

Dr. Cindy knows that the key to real and lasting change is everyone knowing their role. She spends the majority of her time working side by side coaching her clients, getting everyone to think about change in the right way, acting their part, and achieving results.

As she puts it: “Grow Big or Go Home!”

48 HOW TO BECOME CERTIFIED TO REPRESENT CPCS CLIENTS

Shira M. Diner, Esq. Committee for Public Counsel Services, Boston www.publiccounsel.net

If you are an attorney and wish to accept appointments of CPCS cases, you must first be certified by CPCS in the area(s) in which you seek to practice. CPCS certifies attorneys to accept cases in the following areas:

• District Court criminal cases www.publiccounsel.net/pc/district-court-cases

• Superior Court criminal cases www.publiccounsel.net/pc/superior-court-jurisdiction-cases

• Murder cases www.publiccounsel.net/pc/certification-information-2

• Criminal Appeals and Post Conviction matters www.publiccounsel.net/pc/criminal-post-conviction-and-appeals-unit

• Delinquency matters www.publiccounsel.net/ya/private-counsel

• Youthful Offender cases www.publiccounsel.net/ya/private-counsel

• Grant of Conditional Liberty Revocation cases (clients facing return to Department of Youth Services custody) www.publiccounsel.net/ya/revocation-panel

• Children and Family Law cases (including Children Requiring Assistance and Care and Pro- tection Matters www.publiccounsel.net/cafl/private-counsel-trial-panel/cafl-trial-panel-certification-requirements

• Children and Family Law appeals www.publiccounsel.net/cafl/private-counsel-appellate-panel/cafl-appellate-panel-certification-requirements

• Mental Health cases (including commitment and guardianship proceedings) www.publiccounsel.net/mh/certification-requirements

• Sexual Offender Registry matters www.publiccounsel.net/pc/attorney-panel-certification-resources

• Sexually Dangerous Person cases www.publiccounsel.net/pc/attorney-panel-certification-resources

50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 GUARDIAN AD LITEM AGREEMENT And UNDERSTANDING

1. I, Jane Doe (the "Mother) understand and agree that the Probate and Family Court sitting in Middlesex County has appointed Attorney Joanne E. Romanow ("Attorney Romanow") as an investigative Guardian ad Litem to investigate and report to the court concerning events, evidence and information that may bear on a parenting plan that is in the best interests of my children: ______2. I agree to pay for Attorney Romanow's services as guardian ad litem at the rate of $250.00 per hour and to reimburse her for any necessary disbursement incurred in connection with her investigation. I understand that I will be responsible for payment of my portion of her fee in accordance with the court's order. 3. I agree to pay my share of Attorney Romanow's initial retainer in the amount of $_____ . I understand that Attorney Romanow will not begin her investigative work until she has received each party's retainer. I understand that the fees paid by me shall be applied against work actually performed by Attorney Romanow. 4. I .'J:ee that my retainer shall be applied to my account immediately upon issu:..:nce of Attorney Romanow's written statement that services have been rendered and retainer funds applied. I understand that funds held in retainer for services not yet rendered shall be held in a client fund account, interest on which shall be paid neither to me nor Attorney Romanow, but to designated non-profit legal service organizations in accordance with the practice rules of the Massachusetts Board of Bar Overseers. 5. Attorney Romanow agrees that her fee for services shall remain constant during the entire course of investigation and throughout any work that may be required of Attorney Romanow subsequent to the investigation, including depositions or testimony at trial. 6. At such time as my initial retainer is exhausted, and at such time as each additional retainer provided for in this I agree to promptly pay to Attorney Romanow my share of any additional bills for any work performed by Attorney Romanow, up to the amount the court has authorized. 7. I understand and agree that Attorney Romanow's work authorization does not include testimony at deposition or in court and that Attorney Romanow shall

75 appear to testify at deposition or in court only when duly served with an appropriate subpoena. 8. Duly subpoenaed deposition testimony of Attorney Romanow shall be paid solely by the party noticing the deposition and at her hourly rate of$250.00 per hour. Deposition testimony includes Attorney Romanow's reasonable time to review the file and prepare for deposition. The party noticing the deposition shall provide Attorney Romanow with a retainer advance based upon the estimated time for preparation, travel and testimony. If the deposition exceeds the estimated length, the party who noticed the deposition shall promptly pay the additional fee, regardless of which party's questions prolonged the proceeding. 9. Court testimony of Attorney Romanow shall be paid solely by the party who subpoenas her appearance. Court testimony includes Attorney Romanow's reasonable time to review the file and prepare for trial, travel and actual testimony however, in court waiting time shall be charged at $250.00 per hour. The party who subpoenaed Attorney Romanow shall provide Attorney Romanow with a retainer advance based upon the estimated time for preparation, travel and testimony. If the court time exceeds the estimat.::d length, the party who called Attorney Romanow shall promptly pay the additional fee, regardless of which party's questions prolonged the proceeding. 10. At all times and in all instances, including testimony at deposition or in court, Attorney Romanow is the court's witness and not the witness of either party. 11. I understand and agree that Attorney Romanow is not my attorney and cannot at any time give me legal advice. I understand that she is not a licensed mental health professional and that her duties consist solely of collecting information and reporting that information to the court. I understand that Attorney Romanow is not an attorney for my child and cannot provide my child with legal advice. 12. I understand and agree that Attorney Romanow must comply with a Standing Order 1-05 of the Probate and Family Court, which requires her to report to the police and to the court any information that leads her to reasonably believe that my child may be in imminent danger of abuse or neglect. My signature below is my specific authorization for her to make any report that her appointment reqUlres.

76 13. I authorize Attorney Romanow to briefly infonn any collateral sources whose name I may provide to her the reason for my call. 14. I authorize Attorney Romanow to release her report to the court and to provide a copy of the report to anyone the court allows by its order.

Witness: Jane Doe

Date

I agree to abide by the tenns and provisions of this agreement

Joanne E. Romanow Date

78 79 80 81

SECTION 3 Challenges and Opportunities of New Technology and Social Media

Sofia S. Lingos, Esq. Trident Legal LLC, Boston

84 ETHICALLY MAXIMIZING THE Sofia Lingos, Esq. BENEFITS OF TECHNOLOGY @SofiaLingosEsq (617)695-0009 x 101 AND SOCIAL MEDIA [email protected]

RULES OF PROFESSIONAL CONDUCT: RULE 7

7.1 Communication’s concerning a lawyer’s services 7.2 Advertising 7.3 Solicitation of Professional Employment 7.4 Communication of Fields of Practice

HOW MANY PEOPLE UTILIZE SOCIAL MEDIA PROFESSIONALLY?

85 SOCIAL MEDIA

 LinkedIn Marketing  Facebook

 Twitter Networking

 Instagram Connecting

 YouTube

 ….

CONTENT CREATION

COMPETENCY (R1.1), COMMUNICATION (R1.4) & CONFIDENTIALITY (R1.6)

Rule 1.1[c8] Competency .Lawyers should have a basic understanding of the benefits and risks of relevant technology. Rule 1.4 Communication Rule 1.6 Confidentiality “The Reasonableness Rule” 1. Sensitivity of information 2. Likelihood of disclosure without safeguards 3. Cost of additional safeguards 4. Difficulty of implementing safeguards 5. Extent to which the safeguards adversely affect lawyer’s ability to represent clients

86 COMMUNICATION TOOLS

E-mail Intake Forms Instant Messaging Video Conferencing Social / Professional Networking Sites Posting Boards YouTube

PRACTICE MANAGEMENT SOFTWARE

 Contact Management . E-mail . Personal Information . Communication . Constant Contact  Case Management  Time Tracking  Document Assembly  Calendar & Docketing  Billing

FINANCIAL SOFTWARE

Billing .Practice Management Software .Time Slips .QuickBooks Accounting .QuickBooks .Excel Credit Cards .PayPal .Square .LawPay

87 PAPERLESS OFFICE

STORAGE, BACK-UP & THE CLOUD

Back- Storage up

Recovery

DOCUMENT AUTOMATION

 Word  Mail Merge  Adobe  Google Forms Questionnaire Client Document  HotDocs  Doxsera

88 TRIAL TECHNOLOGY

 E-Filing  Jury Evidence Recording System (JERS)  Exhibits . Projector . Laser  Court Room Video Recording  Automated Document Assembly . Jury Instructions  WARNING: E-Discovery

SECURITY Password Encryption Two Factor Authentication Social Engineering WISP

HOW MANY STATES HAVE ADOPTED THE ETHICAL RULE REGARDING TECHNOLOGICAL COMPETENCY?

a) 15 b) 25 c) 36 d) 50

89 HOW MANY CHARACTERS SHOULD YOUR PASSWORD HAVE TO BE MOST SECURE? a) 8 b) 10 c) 12 d) 15

CAN YOU TAKE CREDIT CARD PAYMENTS FOR RETAINERS THAT BELONG IN YOUR IOLTA? a) Yes, no matters what. b) Yes, as long as the credit card processing company does not take fees from the payment. c) No

THANK YOU!

Sofia S. Lingos, Esq. @SofiaLingosEsq (617) 695-0009 x 101 [email protected]

Trident Legal, LLC Two Hawthorne Place, Unit 12P Boston, MA 02114 trident.legal

SECTION 4 Implicit Bias, the Importance of Diversity and Inclusion in the Legal Profession, and Promoting Access to Justice

Hon. Shannon Frison Superior Court, Commonwealth of Massachusetts

Jessie J. Rossman, Esq. American Civil Liberties Union (ACLU), Boston

92 The Honorable Shannon Frison, Justice of the Massachusetts Superior Court

And

Jessie Rossman, Staff Attorney ACLU of Massachusetts

93 Aspects & characteristics that we use to define ourselves and that society uses to define us.

Source: ACLUM Racial Justice Identity Power Point Summer 2016

I’m Jordan. I’m 15, and I speak English, Arabic, and Spanish. I’m I’m Kathy. I’m a girl and am mixed race, and 16. I’m differently abled, I love Chemistry and I love watching and Biology. I basketball. I also love to want to be a make jokes! doctor!

Kathy’s and Jordan’s salient identities (which ones they bring up) are different, because different parts of their identities are important to them. In some ways, this is influenced by society.

Source: ACLUM Racial Justice Identity Power Point Summer 2016

“Identity privilege is any unearned benefit or advantage one receives in society by nature of their identity.”

“Examples of aspects of identity that can afford privilege: race, religion, gender identity, sexual orientation, class/wealth, ability, or citizenship status.”

Source: http://everydayfeminism.com/2012/12/how-to-talk-to-someone-about- privilege/?utm_content=buffercbf53&utm_source=buffer&utm_medium=facebook&utm_campaign=Buffer

94 “I can choose blemish cover or bandages in ‘flesh’ color and have them more or less match my skin” YES or NO

“Unlike explicit bias (which reflects the attitudes or beliefs that one endorses at a conscious level), implicit bias is the bias in judgment and/or behavior that results from subtle cognitive processes (e.g., implicit attitudes and implicit stereotypes) that often operate at a level below conscious awareness and without intentional control.”

Source: Helping Courts Address Implicit Bias, Ronald E. Wheeler Jr.

95 Less than 15% of American men are over six feet tall. What percentage of corporate CEOs are over six feet tall? A) 15% B) 30% C) 45% D) 60%

Nextions Study: Researchers asked if confirmation bias unconsciously caused supervising lawyers to more negatively evaluate legal writing by a Black lawyer than legal writing by a white lawyer.

60 partners received an identical legal memo. Half were told it was written by a Black lawyer; half were told it was written by a white lawyer. They were asked to edit for factual, technical and substantive errors & provide an overall 1-5 rating.

Source: Written in Black & White: Exploring Confirmation Bias in Racialized Perceptions of Writing Skills, Lead Researcher Dr. Arin N. Reeves

96 Out of 7 errors, how many errors were found on average when the supervising attorneys were told that the memo was written by a white attorney? A) 3 B) 4 C) 5 D) 6

Out of 7 errors, how many errors were found on average when the supervising attorneys were told that the memo was written by a Black attorney? A) 3 B) 4 C) 5 D) 6

Told memo written by Told memo written by Black attorney white attorney

Spelling/Grammar Found 5.8 out of 7 errors Found 2.9 out of 7 errors Errors

Technical Errors Found 4.9 out of 6 errors Found 4.1 out of 6 errors

Errors in Fact Found 3.9 out of 5 errors Found 3.2 out of 5 errors

Overall Rating 3.2 4.1

Source: Written in Black & White: Exploring Confirmation Bias in Racialized Perceptions of Writing Skills, Lead Researcher Dr. Arin N. Reeves

97  Determine which identities you think about most and least often, and which identities most strongly impact how you see yourself

 Appreciate that the identities which have the greatest salience for you may not have the greatest salience for others, and vice versa

 Recognize that privileged identities are often unseen by the beholder

98 Take Project Implicit’s implicit- association tests (IAT), available at:

https://implicit.harvard.edu/i mplicit/takeatest.html

 Consciously acknowledge group & individual differences (multiculturalism v color-blindness)  Routinely check thought processes & decisions for possible bias (would I make the same decision if the person was [ X ] instead?)  Identify sources of ambiguity & impose greater structure in the decision-making context  Institute feedback mechanisms & blind evaluations  Increase exposure to stereotyped group members

Source: Helping Courts Address Implicit Bias, Ronald E. Wheeler Jr.

Source: https://brainblaze.com/wp-content/uploads/2015/05/6Minutes.png

100

SECTION 5 Tools and Resources for Maintaining Your Professional and Personal Well-Being: A Better Practice and a Better You

Barbara J. Bowe, LICSW Lawyers Concerned for Lawyers, Inc., Boston

Sherri A. Gilmore, Esq. Board of Bar Overseers, Commonwealth of Massachusetts

Susan Letterman White, JD, MS Massachusetts Law Office Management Assistance Program (LOMAP), Boston

101

102 TOP TEN TIPS TO AVOID ETHICAL ISSUES

By: Sherri Gilmore, Assistant Bar Counsel Office of the Bar Counsel

Who you gonna call?

• Return clients’ telephone calls promptly, even if you have no update • Respond to written communication from clients • Notify your clients promptly if something has gone wrong • Respond to telephone calls and requests for information from the Office of the Bar Counsel • Always return calls from ACAP (Attorney Consumer Assistance Program)

What’s better than a letter?

• Importance of written communication with clients • Requirement of Rule 1.5 that fee agreements be in writing • Non-engagement and disengagement letters • Consents to conflicts of interest • All settlement demands and offers • Notices of fee payments withdrawn from client funds accounts • Texting is quick and easy, but not the best for communication with clients unless it is something non-substantive like asking if they are on their way

103 Whose file is it anyway?

• Rules require attorneys to promptly provide clients a copy of their files upon request • Rule 1.16 specifies the information that must be provided and whether attorneys may charge the clients for copying • You cannot ransom the file for unpaid legal fees • Failure to do may result in complaint to OBC

Breaking up is hard to do

• Withdraw appropriately, formally and when required • May not prejudice your client • You are either in a case or out of it • Cannot withhold services for nonpayment • If you don’t want a case, reject it ASAP • Document termination of representation with your client • Do not complain about your client in response to a negative online review

If it feels like a conflict, it probably is

• Avoid conflicts of interest • Develop conflict-checking system and use it • Read and reread the Rules and Comments as they pertain to conflicts of interest • Obtain waivers in writing where required • Identify who is your client at the outset of representation • Representing multiple clients in the same matter can be fraught with peril • Call the Ethical hotline

104 Don’t take the money and run!

• Specific trust account requirements for the handling of client funds – Mass. Rule Prof. C. 1.15 • Put an appropriate record-keeping system in place and use it • You are responsible for your subordinate, bookkeeper, secretary or office manager • Free trust account training class monthly at the BBA • Massachusetts IOLTA Committee website • Law Office Management Assistance Program (LOMAP)

Look what happened to Pinocchio!

• Be aware of limits of advocacy • Truthfulness is of paramount importance • You are an officer of the court and have duties of candor to the tribunal and fairness to opposing parties • Don’t make misrepresentations to the court, counsel, clients or unrepresented persons • Be civil to clerks, court personnel, opposing counsel and clients

Can you keep a secret?

• Keep client confidences • Be aware of your surroundings when discussing client or case information • Be aware of inadvertent disclosures through email, social media and other forums • Take corrective measures if there is an inadvertent disclosure • Concept of confidentiality much broader than attorney-client privilege which is a legal issue • Be wary of posting information on social media without client consent • Even posting what seems like general information can get you into trouble

105 Choose wisely, you must

• Don’t accept every case • Be aware of your skills and expertise • If you are too busy or unable to handle the case, decline the case in writing • Develop relationships with practitioners in other areas of the law • If investigation reveals case is not viable, advise the client ASAP • If asked to do something that violates your professional obligations by a client or supervising attorney, just say “no”

RESOURCES

• Comments to the Mass. R. Prof. C. • Articles on ethics, disciplinary decisions, upcoming programs and new developments – www.massbbo.org • Ethical hotline of OBC – 2:00-4:00pm – Mon., Wed. and Fri. • Attend a trust account training program • Massachusetts IOLTA Committee • LOMAP (Law Office Management Assistance Program) • Disciplinary decisions can be searched on Westlaw and through Social Law Library

106 Tools and Resources for Maintaining Your Professional Well-Being

Lawyers Concerned for Lawyers, Massachusetts | Law Office Management Assistance Program

Free and Confidential Services for Lawyers and Law Students in Massachusetts

Free & Confidential Services for TOOLS + RESOURCESLCLMA.ORG FOR MAINTAINING | MASSLOMAP.ORG YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

Are you a new lawyer?

Are you new to practice in Massachusetts?

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

C A N Y O U RELATE?

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

107 I must balance multiple matters and deadlines.

I’m worried that I might make a mistake and that it will result in a serious consequence.

I feel overwhelmed by my clients’ demands and needs.

I focus primarily on solving others’ problems and rarely take time for myself. C A N Y O U I must manage challenging office relationships, politics, RELATE? supervisors, and staff. It’s hard to make time for personal commitments and family.

I must make enough money to pay off student loans in addition to covering current living expenses.

I’m concerned I lack training, mentorship, and support.

Sometimes I feel like an imposter.

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

W HO CAN FIGURE OUT WHY WE’RE HERE NOW?

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

We’re FREE, Confidential, and FOR YOU. O U R M I S S I O N is to promote well-being and resilience in the legal community, improve lives, nurture competence, and elevate the standing of the legal profession.

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

108 WE HELP THE WHOLE LAWYER. MENTAL HEALTH PRACTICE MANAGEMENT

Stress / Anxiety Career Development Burnout Time + Organization STRENGTHEN Client Relationships Depression Marketing Motivation Data Security DELIVER Higher Quality Legal Services Relationships Technology Coping Behaviors Policies + Procedures ENHANCE Your Quality of Life Addiction Recovery Finance ADHD Starting a Practice

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

MEET OUR TEAM!

Anna Levine, Esq., Executive Director

Heidi Alexander, Esq., Deputy Director

Rachel Casper, Marketing Director

Barbara Bowe, LICSW, Clinician

Jeffrey Fortgang, Ph.D., LADC, Clinical Psychologist

Shawn Healy, Ph.D., Clinical Psychologist

Susan Letterman White, Esq., MS, Practice Advisor

Mike Fredrickson, Esq., Outreach Coordinator

Lottie Rutherford, Office Manager (not pictured)

Jamice Edge, Administrative Assistant

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

You’ve met us.

Now, meet your neighbor!

 Who are they?  What do they do?  What is interesting or unique about them?

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

109 HEALTHY LAWYER HABITS 7 R ULES

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

M A K E S E L F - C A R E YO U R F IRST PRIORITY.

R U L E N U M B E R 1

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

R EMEMBER, YOU ARE NOT A ROBOT.

R U L E N U M B E R 2

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

110 S C H E D U L E ME-TIME AND SET LIMITS.

R U L E N U M B E R 3

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

G ET ORGANIZED. STAY ORGANIZED.

R U L E N U M B E R 4

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

T RY MEDITATION, OR JUST FOCUS ON BREATHING.

R U L E N U M B E R 5

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

111 B REATHING EXERCISE

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

D ON’T IGNORE PROBLEMS; BE AWARE OF OTHERS.

R U L E N U M B E R 6

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

PLAN TO USE:  Your Fellow Attorneys as Mentors

 Bar Associations

 MCLE

 Social Law Library

 BBO Ethics Helpline: (617) 728-8750 U SE RESOURCES AVA I L A B L E ;  BBO Ethics Articles: www.massbbo.org A SK FOR HELP.  LCL | Mass LOMAP R U L E N U M B E R 7

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

112 ACTION S I G N U P F O R SCHEDULE A (FREE) STEPS O U R E M A I L S CONSULTATION

S U B M I T A N ATTEND ONE OF ANONYMOUS QUESTION O U R E V E N T S 3 1 MILK STREET Free & ConfidentialS U I T Services E 8 1 0 for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers andBOSTON Law Students in Massachusetts Llclma.org/practicing-with-professionalismCLMA.ORG

SOLO STRESS

RAINMAKERS SOLO | STRESS PRACTICING LAW STARTUP WORKSHOPS CONNECTION WITH ADHD WORKSHOPS

PROFESSIONAL RECOVERY WEBINARS FOR SUPERMOM BUSY LAWYERS CONDUCT PEER SUPPORT

Free & Confidential Services for TOOLS + RESOURCES FOR MAINTAINING YOUR PROFESSIONAL WELL-BEING Lawyers and Law Students in Massachusetts lclma.org/practicing-with-professionalism

113

114