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Practicing with Professionalism Program Materials SEMINAR Practicing with Professionalism Program Materials 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 © 2019 by Massachusetts Continuing Legal Education, Inc. All rights reserved. Published 2019. 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. 2019) 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. 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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 Richard C. Van Nostrand Executive Director Tyler E. Chapman Susan A. Huettner, Cochair President John M. Reilly J, Michael Conley Peter M. Barlow Eric P. Hayes 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 Michael P. Sams Jonathan Sablone John A. Fiske Sal Ricciardone Treasurer James A. Swartz Stephen D. Fried Martha A. Mazzone Director of Programs Sara E. Worley Patrick M. Hart Secretary Danielle L. Simmons Roseanne P. Klovee Heidi S. Alexander Criminal Law Linda A. Ouellette Director of Publications Christa A. Arcos Cathleen L. Bennett, Cochair Theresa B. Ramos Maryanne G. Jensen Kendra L. Berardi David A. Deakin, Cochair Mark T. Smith Gabriel Cheong Director of Information Jeremy C. Bucci Donald G. Tye Hon. Robert J. Cordy (Ret.) & Educational Technology Jeffrey R. Chapdelaine Margaret D. Xifaras Kara M. DelTufo Shira M. Diner Lawrence R. Rungren Katherine A. Hesse Keith T. Higgins Legal Services Staff Attorneys Jonathan Mannina Pamela L. Hunt Jacquelynne J. Bowman John M. Lawlor Amy C. Mariani Michael S. Hussey Sheila A. Hubbard Alexis J. LeBlanc David E. Meier William J. Melkonian Georgia D. Katsoulomitis Tracy Walts Peter M. Moldave Jonathan Mannina Elizabeth A. Mooney Business Manager Mary Ann Neary Paul R. Rudof Paralegal Curriculum Mark Woodbury Kevin K. Nolan Larry R. Tipton Shawna J. Hansen, Cochair Kendi E. Ozmon Wendy Wolf Catherine A. Thornton, Customer Service & Facilities C. Max Perlman Cochair Manager Rebecca G. Pontikes Employment Law Pamela G. Chapin Robert M. Shea, Chair Nancy A. Cominoli John P. Ryan Kenneth Dunn Marketing Manager Joseph P.J. Vrabel Laurence J. Donoghue Geraldine A. Fasnacht Judith B. Ercolini Michael Baranofsky Philip J. Gordon Dottie Nyen-Cassidy Production Manager Tamsin R. Kaplan Lynne Marie Reveliotis Annette J. Turcotte Curriculum Advisory Lisa R. Witham Committees Deborah G. Kohl Sheila P. Baker Robert S. Mantell Real Estate and Kate Biscoe Business and Ellen J. Messing Environmental Law Justin Calderon Commercial Law Jody L. Newman Martin R. Healy, Cochair Angela Curtis Michael L. Blau Stephen B. Reed Gregor I. McGregor, Cochair Ry Ferguson Peter I. Dunn Patricia A. Washienko Donald L. Anglehart Donald Ferland Karl P. Fryzel Bruce H. Bagdasarian Vanessa Formato William F. Griffin, Jr. Estate Planning and Paula M. Devereaux James E. Fuller, Jr. Theodore D. Lustig Administration Catherine F. Downing Tyler Graham-Stevens Peter M. Moldave Jon E. Steffensen, Chair Pamela D. Harvey Chelsea Kearin Timothy M. Murphy Mark D. Balk Brian C. Levey Christopher Kimball John M. Mutkoski Marc J. Bloostein Walter R. McCabe III Roman Kordonsky William D. Norman Richard P. Breed III Kathleen M. Mitchell Raymond Manigault David A. Parke Christopher T. Carlson Daniel J. Ossoff Julia Manzella Kathleen King Parker A. Silvana Giner Michael M. Robinson Phuna Mbenza Peter M. Rosenblum Colin M. Korzec Susan M. Walsh Benjamin Monopoli Adam J. Ruttenberg Melissa Langa Peter Wittenborg Keith Morse George W. Tetler III Lisa A.H. McChesney Joshua S. Miller Kevin J. Nihill Cornelius J. Murray III Elizabeth Phillips Lisa M. Rico Serena Picanso Jay D. Rosenbaum Beatriz Valdes John F. Shoro Craig A. Standish Kurt Russell Steinkrauss Anne Marie Towle 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
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