November 2007 - Newsletter
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Upcoming Meetings & Events

1. Petitions to Partition: Land Court or Probate Court?

Click here to RSVP for this program.

Thursday, November 15, 2007 - 12:00 p.m.
Boston Bar Association - 16 Beacon Street

Effective January 1, 2003, the Land Court has concurrent jurisdiction over petitions for partitions of real estate. Michael J. Ring will present the considerations that might inform your decision to choose one Court over another and will share practical advice for bringing Partition actions in the Probate and Land Courts.

When is it necessary to file a Petition to Partition?  When owners of real property as joint tenants or tenants in common, are involved in disputes as to whether property should be sold or physically divided; when a minority owner holds up a majority owner’s attempt to mortgage or convey; or to account for “ancient interests” of tenants in common. 


2. Insurance Considerations in Commercial Leases

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Monday, November 19, 2007 - 12:00 p.m.
Boston Bar Association - 16 Beacon Street

Personnel from Albert Risk Management Consultants of Needham will discuss prudent (vs. typical) insurance coverage planning and other risk management considerations for commercial landlords and tenants. Robust Q&A expected and encouraged.


3. Bankruptcy Issues Relating to the Foreclosure Process

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Tuesday, November 20, 2007 - 12:15 p.m.
Boston Bar Association - 16 Beacon Street

Join us as a distinguished panel discusses foreclosure practice in Massachusetts and bankruptcy issues that arise within the foreclosure context from both a debtor and creditor perspective.

Panelists include:


4. The CM At Risk Approach: Worcester Trial Court Complex Project

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Tuesday, November 27, 2007 - 12:00 p.m.
Boston Bar Association - 16 Beacon Street

William F. Kearney, Jr. from Gilbane Building Company, who provided the construction management services on the Worcester Trial Court complex, will discuss the use of the CM at Risk approach. The $146 million, 427,000 square foot project was the first public project in Massachusetts delivered via a CM at Risk approach and will serve as a prototype for the state’s court modernization program.


5. Housing Court Lawyer for the Day Program: Pro Bono Training for Litigators

Sponsored by the Real Estate Pro Bono Committee

Click here to RSVP for this program.

Monday, December 10, 2007 - 4:30 p.m. - 6:30 p.m.
Boston Bar Association - 16 Beacon Street

Join us as the Real Estate Pro Bono Committee conducts its second annual training session for both new and experienced volunteer litigators taking Housing Court pro bono cases.  This free training session will feature information on pre-trial strategy, evidentiary issues, serving the pro bono client, and related ethical matters. Presenters will include the Hon. Jeffrey M. Winik, First Justice of the Boston Housing Court, and Robert B. Burdick, Director of the Civil Law Clinical Program at Boston University School of Law.

The Trial Attorney Project offers opportunities for volunteer lawyers to gain invaluable courtroom experience through the representation of clients at jury-waived or jury summary process trials.  Cases are screened and referred to a volunteer lawyers only if :

(1) there are viable claims or defenses,
(2) early trial dates can be set (usually within 60 days from the referral), 
(3) the cases are likely to be tried in a single day, and
(4) the other parties are represented by counsel.  

The assigned case is initially scheduled for a telephonic status conference with a Housing Court judge, at which time a trial date is set and discovery and other pre-trial issues are addressed.

Interested attorneys can also contact Paul Dullea, BBA Director of Community Affairs,
at (617) 778-1934 or pdullea@bostonbar.org to register.


6. BBA CLE: 2007 Changes to Massachusetts Wetlands Permit Appeal Regulations

Thursday, December 6, 2007 - 4:00 p.m. - 7:00 p.m.
Boston Bar Association - 16 Beacon Street

As part of the Patrick Administration’s efforts to streamline permitting in Massachusetts, MassDEP is promulgating regulatory changes that will expedite its wetlands permit appeal process.  The revisions are expected to be promulgated by November, 2007 and will, among other things, limit the parties that may initiate an appeal, require parties to present their evidence early in the proceedings, and establish a six month deadline for the appeal to be resolved.  Understanding these changes is critical not only to effective participation in the appeal process, but also effective participation in the Conservation Commission and MassDEP proceedings leading to any appeal.

This program will provide an overview of the regulatory changes and will include practical tips for attorneys, wetlands consultants, applicants, concerned citizens, Conservation Commission members/staff, and other persons involved in wetlands permit proceedings and appeals.

For more information or to register for this program, please click here.


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