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Practicing with Professionalism Program Materials SEMINAR Practicing with Professionalism Program Materials FACULTY Amy Anthony, Esq. Volunteer Lawyers Project of the Boston Bar Association (VLP), Boston Christa A. Arcos, Esq. Arcos Law Office, Stoneham James M. Baron Law Office of James M. Baron, Waltham Lucas M. Blackadar, Esq. Arts & Business Council of Greater Boston, Brighton Barbara J. Bowe, LICSW Lawyers Concerned for Lawyers, Inc., Boston Hon. Dennis J. Curran Superior Court, Commonwealth of Massachusetts (Ret.) Hon. Shannon Frison Superior Court, Commonwealth of Massachusetts Matthew S. Furman, Esq. Todd & Weld LLP, Boston Heather L. LaVigne, Esq. Board of Bar Overseers, Commonwealth of Massachusetts Susan Letterman White, JD, MS Massachusetts Law Office Management Assistance Program (LOMAP), Boston Jack Marshall, Esq. ProEthics, Ltd., Alexandria, VA © 2018 by Massachusetts Continuing Legal Education, Inc. All rights reserved. Published 2018. Permission is here- by granted for the copying of pages or portions of pages within this book by or under the direction of attorneys for use in the practice of law. No other use is permitted without prior written consent of Massachusetts Continuing Le- gal Education, Inc. Printed in the United States of America This publication should be cited: Practicing with Professionalism Program Materials (MCLE, Inc. 2018) All of Massachusetts Continuing Legal Education, Inc.’s (“MCLE’s”) products, services, and communications (“MCLE Products”) are offered solely as an aid to developing and maintaining professional competence. The state- ments and other content in MCLE Products may not apply to your circumstances and no legal, tax, accounting, or other professional advice is being rendered by MCLE or its trustees, officers, sponsors, or staff, or by its authors, speakers, or other contributors. No attorney-client relationship is formed by the purchase, receipt, custody, or use of MCLE Products. The statements and other content in MCLE Products do not reflect a position of and are not rati- fied, endorsed, or verified by MCLE or its trustees, officers, sponsors, or staff. Contributors of statements and other content in MCLE Products are third-party contributors and are not agents of MCLE. No agency relationship, either express, implied, inherent or apparent, exists between MCLE and any third-party contributor to MCLE Products. Due to the rapidly changing nature of the law, the statements and other content in MCLE Products may become out- dated. Attorneys using MCLE Products should research original and current sources of authority. Nonattorneys us- ing MCLE Products are encouraged to seek the legal advice of a qualified attorney. By using MCLE Products, the user thereof agrees to the terms and conditions set forth herein, which are sev- erable in the event that any provision is deemed unlawful, unenforceable, or void. To the fullest extent per- mitted by applicable law, MCLE Products are provided on an “As Is,” “As Available” basis and no warran- ties or representations of any kind, express or implied, with respect to MCLE Products are made by MCLE or its trustees, officers, sponsors, or staff, individually or jointly. To the fullest extent permitted by applicable law, neither MCLE nor its trustees, officers, sponsors, or staff are responsible for the statements and other content in MCLE Products or liable for any claim, loss, injury, or damages of any kind (including, without limitations, attorney fees and costs) arising from or involving the use of MCLE Products. Failure to enforce any provision of these terms and conditions will not be deemed a waiver of that provision or any other provision. These terms and conditions will be governed by the laws of the Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. These terms and conditions may be changed from time to time without notice. Continued use of MCLE Products following any such change constitutes acceptance of the change. IRS Circular 230 Notice: Any U.S. tax advice found to be included in MCLE Products (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. tax penalties or for pro- moting, marketing, or recommending to another party any tax-related matter or any other transaction or matter ad- dressed therein. MCLE. Keep Raising the Bar.® Massachusetts Continuing Legal Education (MCLE) aims to keep raising the caliber of lawyers’ professional and ethical service to their clients and communities, by providing comprehensive and highly practical continuing legal education of the highest quality to the broadest possible audience. iii Massachusetts Continuing Legal Education, Inc. Board of Trustees Civil Litigation Family Law Staff Carol A. Griffin, Chair Jennifer A. Bingham, Cochair Amy C. Mariani Executive Director Tyler E. Chapman Susan A. Huettner, Cochair President John M. Reilly J, Michael Conley Peter M. Barlow Richard C. Van Nostrand Kathryn Anbinder Marc D. Bello Founding Director First Vice President Covarrubias Charlene Caldeira Richard S. Milstein Brendan T. St. Amant Thomas R. Donahue Alfred P. Farese III Director of Philanthropy Second Vice President Cornelius J. Moynihan, Jr. Hon. Linda S. Fidnick & Special Projects Eric P. Hayes Jonathan Sablone John A. Fiske Sal Ricciardone Treasurer James A. Swartz Stephen D. Fried Director of Programs Michael P. Sams Sara E. Worley Patrick M. Hart Danielle L. Simmons Secretary Roseanne P. Klovee Criminal Law Director of Publications Christa A. Arcos Linda A. Ouellette Cathleen L. Bennett, Cochair Maryanne G. Jensen Gabriel Cheong Theresa B. Ramos David A. Deakin, Cochair Mark T. Smith Hon. Robert J. Cordy (Ret.) Jeremy C. Bucci Director of Information Kara M. DelTufo Donald G. Tye & Educational Technology Jeffrey R. Chapdelaine Margaret D. Xifaras Katherine A. Hesse Shira M. Diner Lawrence R. Rungren Jonathan Mannina Keith T. Higgins Legal Services Staff Attorneys Saadiya Masoud Pamela L. Hunt Jacquelynne J. Bowman John M. Lawlor Martha A. Mazzone Michael S. Hussey Sheila A. Hubbard Alexis J. LeBlanc David E. Meier William J. Melkonian Georgia D. Katsoulomitis John J. Pregmon Peter M. Moldave Elizabeth A. Mooney Jonathan Mannina Tracy Walts Mary Ann Neary Paul R. Rudof Paralegal Curriculum Kevin K. Nolan Business Manager Larry R. Tipton Shawna J. Hansen, Cochair Kendi E. Ozmon Mark Woodbury Wendy Wolf Catherine A. Thornton, C. Max Perlman Cochair Customer Service & Facilities John P. Ryan Employment Law Nancy A. Cominoli Manager Mary H. Schmidt Robert M. Shea, Chair Kenneth Dunn Pamela G. Chapin Jennifer A. Yelen Laurence J. Donoghue Geraldine A. Fasnacht Judith B. Ercolini Marketing Manager Philip J. Gordon Dottie Nyen-Cassidy Michael Baranofsky Curriculum Advisory Tamsin R. Kaplan Lynne Marie Reveliotis Production Manager Lisa R. Witham Committees Deborah G. Kohl Annette J. Turcotte Robert S. Mantell Real Estate and Sheila P. Baker Business and Ellen J. Messing Environmental Law Commercial Law Kate Biscoe Jody L. Newman Martin R. Healy, Cochair Justin Calderon Michael L. Blau Stephen B. Reed Gregor I. McGregor, Cochair Peter I. Dunn Angela Curtis Patricia A. Washienko Donald L. Anglehart Ry Ferguson Karl P. Fryzel Bruce H. Bagdasarian William F. Griffin, Jr. Estate Planning and Donald Ferland Paula M. Devereaux Vanessa Formato Theodore D. Lustig Administration Catherine F. Downing Peter M. Moldave Jon E. Steffensen, Chair James E. Fuller, Jr. Pamela D. Harvey Christopher Kimball Timothy M. Murphy Mark D. Balk Brian C. Levey John M. Mutkoski Marc J. Bloostein Roman Kordonsky Walter R. McCabe III Marceza Kotoni William D. Norman Richard P. Breed III Kathleen M. Mitchell David A. Parke Christopher T. Carlson Raymond Manigault Daniel J. Ossoff Julia Manzella Kathleen King Parker A. Silvana Giner Michael M. Robinson Peter M. Rosenblum Colin M. Korzec Benjamin Monopoli Susan M. Walsh Keith Morse Adam J. Ruttenberg Melissa Langa Peter Wittenborg George W. Tetler III Lisa A.H. McChesney Kristof Nelson Joshua S. Miller Kevin J. Nihill Cornelius J. Murray III Elizabeth Phillips Lisa M. Rico Sebastian Sansone Jay D. Rosenbaum Beatriz Valdes John F. Shoro Craig A. Standish Kurt Russell Steinkrauss Anne Marie Towle iv About the Faculty AMY ANTHONY is a housing and bankruptcy attorney at the Volunteer Lawyers Project of the Boston Bar Association (VLP). Prior to joining VLP, she was a staff attorney at the Northeast Justice Center and Merrimack Valley North Shore Legal Services. Ms. Anthony is a graduate of Columbia University and the American University Washington College of Law. CHRISTA A. ARCOS is in private practice in Stoneham. She specializes in representing lawyers in proceedings before the Massachusetts Board of Bar Overseers and in legal malpractice claims, as well as appellate practice. Between 2001 and 2006, Ms. Arcos prosecuted bar discipline com- plaints as an assistant bar counsel with the Office of Bar Counsel at the Massachusetts Board of Bar Overseers. She has been a member of the Massachusetts Bar Association’s standing commit- tee on ethics since 2007. Before starting her own firm, she was a partner with the Boston office of Morrison Mahoney LLP in the firm’s professional liability department (non-medical), special- izing in civil and commercial litigation. She has also served as an assistant clerk at the Massa- chusetts Appeals Court. From 1993 to 2001, she was in private practice specializing in business and commercial litigation. Ms. Arcos authored a book entitled Effective Deposition Strategies and Techniques (MCLE, Inc. 2005) and coauthored the ethical commentaries for Massachusetts Expert Witnesses (MCLE, Inc. 2018) and Massachusetts Divorce Law Practice Manual (MCLE, Inc. 2016). For many years, Ms. Arcos has been a faculty member and author for the American Bar Association, MCLE, and the Massachusetts Bar Association on a range of topics including taking depositions, ethics, practicing with professionalism, equitable relief in civil litigation, and summary judgment. She was a Massachusetts Superior Court law clerk from 1991 to 1993 and is a cum laude graduate of Suffolk University Law School, where she was an author and editor for the Suffolk University Law Review. She is also fluent in Spanish.
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