SEMINAR MCLE BasicsPlus! › includes › pdf › 2170205RBC_J.pdfDaniel L. Goldberg Saul Kurlat...

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FACULTY Ned W. Barrett, Esq. Law Offices of Martin B. Schneider, PC, Salem, Cochair Judson L. Pierce, Esq. Pierce, Pierce & Napolitano, Salem, Cochair Ryan L. Benharris, Esq. Law Offices of Deborah G. Kohl, Fall River Kaylene M. Crum, Esq. Keches Law Group, Milton Hon. Sabina T. Herlihy Department of Industrial Accidents, Commonwealth of Massachusetts Hon. Omar Hernández Department of Industrial Accidents, Commonwealth of Massachusetts Teri A. McHugh, Esq. Boyle, Shaughnessy & Campo, PC, Boston BOSTON 9:30 a.m. – 4:30 p.m., Friday, May 12, 2017 MCLE Conference Center, 10 Winter Place, via Winter Street Program No. 2170205P01 LIVE WEBCAST 9:30 a.m. – 4:30 p.m., Friday, May 12, 2017 Register at www.mcle.org Program No. 2170205WBC RECORDED WEBCAST 9:30 a.m. – 4:30 p.m., Friday, May 26, 2017 Register at www.mcle.org Program No. 2170205RBC SEMINAR Master the basics. Advance your career. MCLE BasicsPlus! ® Workers’ Compensation Establish a solid foundation and strategy for success This program provides a thorough introduction to workers’ compensation practice. Experienced attorneys who concentrate in the field and judges who rule on these matters on a daily basis draw on their expertise to give you substantive explanations and practical advice on how to handle these cases. Emphasis is placed on evaluating and litigating workers’ compensation claims. Establish a solid foundation and learn pointers and strategy from the expert panelists at MCLE. Agenda and written materials u Overview of the DIA Structure and Case Flow u Defining Covered Employees and Personal Injury Under G.L.c. 152 u Representing the Claimant from Initial Intake to Conciliation u Representing the Employer/Insurer in the Initial Stages of a Claim, Filing, or Litigation u Conciliation “Dos and Don’ts” u Determining Average Weekly Wage and Compensation Enhancers u Key Cases u Burden of Proof: Dealing with Job Offers and Vocational Experts u Section 1(7A)—Perspectives from Employee Counsel, Insurer Counsel—and the Bench u Deposing Impartial Examiners and Section 11A Practice u Liens u Lump Sums u Reviewing Board Practice u “Ask the Experts” Q&A Session Take this program and get this book—a $245 value—FREE! Workers’ Compensation Practice in Massachusetts Designed as a comprehensive and practical guide to the intricacies of the Massachusetts Workers’ Compensation Act (G.L. Chapter 152) and practice before the Department of Industrial Accidents, Workers' Compensation Practice in Massachusetts assists general practitioners and workers’ compensation specialists alike. The book addresses workers' compensation law in detail—covering such topics as the types of employees and injuries subject to the statute and the types of benefits available—and reviews each of the stages in the progression of a workers' compensation proceeding, from initial filing through appeal. The book also discusses a number of important related topics, including settlement procedures and the interaction between workers' compensation law and disability statutes. With MCLE’s supplementation service, new supplements are mailed automatically with an invoice. If you do not wish to subscribe, please note on order form. www.mcle.org [33] 1-800-966-6253 TUITION includes written materials* u $245 u $220.50 MCLE Sponsor Members u $183.75 New Lawyers admitted to law practice after 2014, Pending Admittees, Law Students, and Paralegals Earn up to 6 CLE credits CAN’T ATTEND? View the webcast—live or later, or download the mp3 recording at www.mcle.org Available after Friday, May 26 Audio CD $135; $121.50 MCLE Sponsor Members; $101.25 New Lawyers admitted after 2014 : *To receive the eBook instead of the print book of the MCLE manual accompanying this program, please register for the program online at www.mcle.org and select your preferred format. Subscribe to the MCLE OnlinePass for instant access to this program and everything else MCLE has online— Learn more at www.mcle.org 25% discount! Exclusively for new lawyers Substantive explanations and practical advice

Transcript of SEMINAR MCLE BasicsPlus! › includes › pdf › 2170205RBC_J.pdfDaniel L. Goldberg Saul Kurlat...

Page 1: SEMINAR MCLE BasicsPlus! › includes › pdf › 2170205RBC_J.pdfDaniel L. Goldberg Saul Kurlat Richard S. Milstein John M. (Jack) Reilly Mary H. Schmidt Richard C. Van Nostrand 2,000

FACULTYNed W. Barrett, Esq.Law Offices of Martin B. Schneider, PC,Salem, CochairJudson L. Pierce, Esq.Pierce, Pierce & Napolitano, Salem, CochairRyan L. Benharris, Esq.Law Offices of Deborah G. Kohl, Fall RiverKaylene M. Crum, Esq.Keches Law Group, MiltonHon. Sabina T. HerlihyDepartment of Industrial Accidents,Commonwealth of MassachusettsHon. Omar HernándezDepartment of Industrial Accidents,Commonwealth of MassachusettsTeri A. McHugh, Esq.Boyle, Shaughnessy & Campo, PC, Boston

BOSTON9:30 a.m. – 4:30 p.m., Friday, May 12, 2017MCLE Conference Center, 10 Winter Place, via Winter StreetProgram No. 2170205P01

LIVE WEBCAST9:30 a.m. – 4:30 p.m., Friday, May 12, 2017Register at www.mcle.orgProgram No. 2170205WBC

RECORDED WEBCAST 9:30 a.m. – 4:30 p.m., Friday, May 26, 2017Register at www.mcle.orgProgram No. 2170205RBC

S E M I N A R

Master the basics.Advance your career.MCLE BasicsPlus!®

Workers’ CompensationEstablish a solid foundation and strategy for success

This program provides a thorough introduction to workers’ compensation practice. Experiencedattorneys who concentrate in the field and judges who rule on these matters on a daily basisdraw on their expertise to give you substantive explanations and practical advice on how tohandle these cases. Emphasis is placed on evaluating and litigating workers’ compensation claims.Establish a solid foundation and learn pointers and strategy from the expert panelists at MCLE.

Agenda and written materialsu Overview of the DIA Structure and Case Flow

u Defining Covered Employees and Personal Injury Under G.L.c. 152

u Representing the Claimant from Initial Intake to Conciliation

u Representing the Employer/Insurer in the Initial Stages of a Claim, Filing, or Litigation

u Conciliation “Dos and Don’ts”

u Determining Average Weekly Wage and Compensation Enhancers

u Key Cases

u Burden of Proof: Dealing with Job Offers and Vocational Experts

u Section 1(7A)—Perspectives from Employee Counsel, Insurer Counsel—and the Bench

u Deposing Impartial Examiners and Section 11A Practice

u Liens

u Lump Sums

u Reviewing Board Practice

u “Ask the Experts” Q&A Session

Take this program and get this book—a $245 value—FREE!Workers’ Compensation Practice in Massachusetts Designed as a comprehensive and practical guide to the intricacies of theMassachusetts Workers’ Compensation Act (G.L. Chapter 152) and practicebefore the Department of Industrial Accidents, Workers' Compensation Practice inMassachusetts assists general practitioners and workers’ compensation specialistsalike. The book addresses workers' compensation law in detail—covering such topicsas the types of employees and injuries subject to the statute and the types of benefits

available—and reviews each of the stages in the progression of a workers' compensationproceeding, from initial filing through appeal. The book also discusses a number of importantrelated topics, including settlement procedures and the interaction between workers'compensation law and disability statutes.With MCLE’s supplementation service, new supplements are mailed automatically with an invoice. If you do notwish to subscribe, please note on order form.

www.mcle.org [33] 1-800-966-6253

TUITION includes written materials*

u $245

u $220.50 MCLE Sponsor Membersu $183.75 New Lawyers admitted to law practice

after 2014, Pending Admittees, Law Students, and Paralegals

Earn up to 6 CLE credits

CAN’T ATTEND?

View the webcast—live or later, or downloadthe mp3 recording at www.mcle.org

Available after Friday, May 26Audio CD$135; $121.50 MCLE Sponsor Members;

$101.25 New Lawyers admitted after 2014

:

*To receive the eBook instead of the print book of the MCLE manual accompanying this program, please register for theprogram online at www.mcle.org and select your preferred format.

Subscribe to the

MCLE OnlinePass™for instant access to this program and everything else MCLE has online—

Learn more at www.mcle.org

25% discount!Exclusively fornew lawyers

Substantiveexplanations and practical

advice

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Page 2: SEMINAR MCLE BasicsPlus! › includes › pdf › 2170205RBC_J.pdfDaniel L. Goldberg Saul Kurlat Richard S. Milstein John M. (Jack) Reilly Mary H. Schmidt Richard C. Van Nostrand 2,000

Daniel L. GoldbergSaul Kurlat

Richard S. MilsteinJohn M. (Jack) Reilly

Mary H. SchmidtRichard C. Van Nostrand

2,000

1,800

1,600

1,400

1,200

1,000

800

600

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To make a tax-deductible contribution to the General Scholarship Endowment or to one of the named scholarship funds honoring outstanding members of the legal community, or for information on MCLE’s planned giving program,

contact Sal Ricciardone, Esq., MCLE Director of Philanthropy, at 617-896-1596 or [email protected].

Legacy SocietyMCLE. Keep raising the bar.®

The Legacy Society is a dedicated group of MCLE supporters who have included the MCLE Scholarship Endowment in their estate plans so as to ensure that the poorhave access to well-trained lawyers in the future. You can join the following members of the MCLE Legacy Society and endow legal aid training through a bequestintention or by naming MCLE as a beneficiary of your retirement plan, IRA, trust instrument, life insurance policy, bank or brokerage account.

Thanks to our generous donors, we have raised over $3,134,000—endowing 1,253 annual scholarships—or 63% of our $5M goal!

MCLE has launched a campaign to raise $5 million toendow 2,000 scholarships in perpetuity. Your gift helpsfund scholarships to MCLE programs for lawyers whorepresent low- and moderate-income clients, in particularcivil legal aid staff attorneys and private practitioners whoaccept pro bono cases.

By contributing to MCLE’s scholarship endowment or toone of our named scholarship funds, you are helping toensure that all persons in Massachusetts have access tolegal services and representation—which, of course, beginswith the education of lawyers.

Support MCLE’s campaign to train pro bono advocatesBy giving to MCLE’s Scholarship Endowment Campaign…

...or by including MCLE in your Estate Plan.

CUSTOMER INFORMATION

Year Admitted to MA Bar _____________Title (if any) __________________________________________ BBO # ________________________________

Last Name ___________________________________________ First Name__________________________________________ Middle Initial____________

Firm/Agency _____________________________________________________________________________________________________________________

Street Address ____________________________________________________________________________________ Suite/Floor _____________________

City _________________________________________________________________________ State ______________ ZIP+4 __________________________

Telephone _____________________________________________________ Fax ______________________________________________________________

Order confirmation? Enter your email address: ________________________________________________________________________________

ORDER DETAILS

Not an MCLE Sponsor Member? Become one today and receive . . . . . . . . . . . . . . MCLE SPONSOR MEMBER DUESthe MCLE Sponsor Member discounted prices on this order!. . . . . . . . . . . . . . . . . . . . . . . . . . (see fee chart on next page) . . . .

PROGRAMS

Product No. Title Automatic book update Cost

____________________ _____________________________________________________________ Opt-out n $ _______________

____________________ _____________________________________________________________ Opt-out n $ _______________

____________________ _____________________________________________________________ Opt-out n $ _______________

PROGRAMS SUBTOTAL . . . .

BOOKS & AUDIO CDs

Product No. Title Automatic book update Cost

____________________ _____________________________________________________________ Opt-out n $ _______________

____________________ _____________________________________________________________ Opt-out n $ _______________

____________________ _____________________________________________________________ Opt-out n $ _______________

____________________ _____________________________________________________________ Opt-out n $ _______________

Shipping & handling $ 8.50

BOOKS & AUDIO CDS SUBTOTAL . . . .

PAYMENT METHOD

n Check payable to MCLE enclosed n e n y n w n r

Card number __________________________________________ Expiration date ____________________________________________________

Cardholder’s name _____________________________________ Cardholder’s signature _____________________________________________

$

$

$

1

2

3

Massachusetts Continuing Legal Education, Inc.Ten Winter Place, Boston, MA 02108-4751 n 617-482-2205 n MA toll free 800-966-6253 n FAX 617-482-9498 n www.mcle.org

Order FormChoose from 5 easy ways to order!

u ONLINE enter your credit card order at www.mcle.org.

u MAIL this order form with payment to MCLE, Inc., Ten Winter Place, Boston, MA 02108-4751.

u FAX your credit card order 24 hours a day to 617-482-9498.

u CALL IN your credit card order to (800) 966-6253, Monday – Friday, 8:30 a.m. – 5:30 p.m.

u WALK UP on the day of the program or DROP IN toMCLE’s bookstore, Monday – Friday, 8:30 a.m. – 5:30 p.m.

GRAND TOTAL $

Keep raising the bar.®

NEW ENGLANDM C L E

REFERENCE # 17-020

(For eBook options, visit www.mcle.org)

MCLENews Continued from previous page

Daniel J. Bailey IIIBeck Reed Riden LLP

Boston Law Collaborative LLCCATIC Foundation, Inc.

Sheila CizauskasJerry Cohen

Kevin T. Creedon

Paula M. DevereauxDenise Earl

John A. FiskeHon. Robert B. Foster

John B. & Patricia B. JacobySaul Kurlat

Martha A. Mazzone

Howard D. MedwedHon. David A. Mills

Toni M. MitchellSian E. Owen

John M. (Jack) ReillyReynolds, Rappaport, Kaplan

& Hackney LLC

Diane R. RubinMary W. SheridanDavid M. Skeels

Richard C. Van NostrandRobert W. Weinstein

Kim U. Whelan

New DonorsBetween March 1, 2016 and June 15, 2016, the following donors helped sustain the momentum of MCLE’s Scholarship Program bycontributing to either MCLE’s General Scholarship Endowment or to one of several named scholarship funds:

A fresh lookMCLE conducts market research to identify customer motivations, needs and likes

Change is permanent. The practice of law changes. Pathwaysto practice change. After nearly 50 years as Massachusetts’

premier provider of CLE, MCLE understands change and theneed to step back and take a fresh look at what we do.

Always looking to respond to our customersand enhance the products and services we offerso as to give them the most practical answers totheir practice questions, MCLE is working withthe consulting firm RDW Group to review ourbrand and the way we communicate with ourcustomers. As part of the initial research anddiscovery phase this past spring, RDWconducted preliminary focus groups of currentMCLE customers, including (1) lawyersadmitted to the bar within the past three yearswho attended MCLE’s Practicing withProfessionalism program and have sincepurchased a product from MCLE and(2) subscribers to MCLE’s all-inclusiveOnlinePass subscription product to ask themabout their choice to consume MCLE products,what they like, suggested areas of improvement,and how they satisfy their CLE, research and training needs.

The participants in both focus groups had very positivecomments about their experiences with MCLE. Major themesrunning through both specifically centered around:

n The depth and breadth of MCLE products:“Something foreveryone, from the broad to specific, the basics to the morenuanced and sophisticated.”

n The variety of delivery formats: “Anyway you likeit…in person, in print, or online.”

n The quality of MCLE products: “Indispensable; could notpractice without it.”

n The expertise of MCLE’s volunteer faculty and authors:“Outstanding instructors, top in their fields, who are like mentorswith all the answers.”

n Ease of access both in terms of the physical location of

MCLE’s Boston Conference Center and the 24/7 access ofMCLE online products.

OnlinePass subscribers who participated also expressed specificappreciation for:

n The value offered by the OnlinePass:“MCLE has everything I need at a reasonablecost I can afford.”

n The large amount of material readilyavailable to them, in different formats:“All MCLE online programs, books and forms,which I can consume in their entirety or byindividual parts.”

n How easy it is to get introductions into atopic in which they are not expert: “Thebiggest surprise of all is how much I use it forissues not in my primary practice area.”

n The weekly thematic emails targetedexclusively to subscribers that notify themabout what’s available for free as part oftheir subscriptions.

As for areas of improvement, they suggestedthat MCLE:

n Create a discussion forum to build community and anonline meeting place for quick answers to specific practicequestions;

n Increase its presence on social media so, as one participantput it, “to reach out to the next generation of lawyers”; and

n Decrease the frequency of MCLE print and electronicmarketing pieces.

As a result of those focus groups and its initial market research,RDW prepared three positioning concepts to explore with aseparate set of focus groups in June to determine which messagesresonate the best during these changing times:

n MCLE as offering Unmatched Qualityn MCLE as the Whole Packagen MCLE as Your Partner in Practice

We’re listening. So stay tuned. Change is in the air.

Bridging the gap to practiceA refreshing change: After 50 years, Practical Skills series moves online—for FREE

For nearly 50 years, MCLE’s annual Practical Skills Program hasbeen a rite of passage for new lawyers, helping them to “bridge

the gap” by learning the basics in the most common practiceareas—everything from trying a civil case and handling a divorceto buying and selling a home and preparing an estate plan tostarting up and advising a small business and handling a matterin bankruptcy…and more. Lawyers would spend up to three daysat MCLE learning shortcuts and practical tips from expertpractitioners and getting specific answers to their questions.

To help the next generation of lawyers transition effectively topractice, MCLE is now taking its Practical Skill series to the nextlevel—exclusively online and free. Beginning later this year,each month, MCLE will introduce a new one-hour online

Practical Skills lecture in its monthly newsletter to new lawyers,the MCLENewLawyer™ Alert. Each presentation will beaccompanied by the corresponding chapter from MCLE’s best-selling Massachusetts Basic Practice Manual. In addition to beingaccessible on MCLE’s website through the New LawyerDashboard, along with other resources specifically tailored tolawyers admitted to the bar within the past three years, theseone-hour programs will be posted on YouTube and publicized viaother social media channels to get the word out to the broadestpossible audience in need of this training.

By bringing free, online practical skills training on the basics tolawyers entering the profession, MCLE is raising the bar bylowering the barriers to access.

Focus group feedbackon MCLE…“Something for everyone, from thebroad to specific, the basics to themore nuanced and sophisticated”

“Anyway you like it…in person,in print, or online”

“Outstanding instructors, top intheir fields, who are like mentorswith all the answers”

“MCLE has everything I need at areasonable cost I can afford.”

CATIC Foundation Renews Leadership Support of Scholarship EndowmentMCLE is grateful to the CATIC Foundation, Inc., for itsgenerous support of MCLE’s scholarship endowment. Thecharitable arm of CATIC, New England’s largest domesticand only Bar-Related® title insurance company, with anetwork of more than 2,000 attorney agents spanning allsix New England states, the CATIC Foundation supportsreal-estate related educational programs and studentscholarship needs by, for example, endowing scholarshipfunds at law schools in Connecticut and Massachusetts,awarding annual graduation prizes to law school students,and making charitable grants to bar associations, barinstitutes, and other law-related educational organizationsaround New England.

When MCLE began building its scholarship endowment in2004, the CATIC Foundation was an early contributor,recognizing the importance of making sure that those whoserve the poor have access to the training and continuingeducation necessary to perform successfully the vital work

they do. The Foundation’s $25,000 grant at that timeserved as a building block for the fledgling endowment.Today, the CATIC Foundation renews its support bypledging an additional $37,500 to that endowment. TheFoundation’s generous gifts alone enable MCLE to fund25 scholarships to MCLE programs every year to the benefitof those who serve the publicinterest.With particularly close ties to the New England legal community and a strong commitment to education, it is fitting that the CATIC Foundation is a leader in its support of MCLE’s scholarship endowment. MCLE thanks the Foundation for its continuedleadership in helping MCLE grow its endowment so thatthe Commonwealth’s most needy have access to the besttrained lawyers.

Supporting MCLE’s scholarshipendowment

Fall2016CatalogMCLENews06262016.qxp 7/27/16 4:30 PM Page 2

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Become a Sponsor Member and receive:

n 10% discount on all programs, books, program materials,audio CDs, and mp3 recordings;

n Significant savings on a subscription to MCLE’sOnlinePassTM;

n Weekly e-mail updates and advance notice of sales and new product releases;

n The highest level of service offered by your ownSponsor Account Specialist;

n Public recognition on our website and in our catalogsand program materials.

MCLE Sponsorship runs for 12 months beginningSeptember 1. The fee for firm, corporate lawdepartment, or agency membership is calculated basedon the number of Massachusetts admittees within theorganization. Benefits of membership extend to alllawyers and non-lawyer professionals associated withthe organization.

n Solo Practitioners . . . . . . . . . . . . . . . . . . . $95

n Firms by number of Massachusetts attorneys:n 2-5 . . . . . . . . . . $ 150 n 76-150 . . . . . . . $ 2,500n 6-10 . . . . . . . . . 250 n 151-250 . . . . . . 3,500n 11-25 . . . . . . . . 500 n 251+ . . . . . . . . 4,500n 26-75 . . . . . . . . 1,000

Save all year long—become an MCLE Sponsor Member!

Register early!n For course agendas, hours, fees, and

discounts, please refer to the respectiveseminar pages. The fee includes allwritten materials unless otherwisenoted, program instruction, andrefreshment breaks. Lunch may beenjoyed on your own.

n To reserve seating and written materials,please register in advance of theprogram.

n Upon registration, MCLE will e-mail aconfirmation. Please check in with theregistrar on the day of the program.

n Walk-in registrants are welcome, withthe exception of limited enrollmentprograms. Please call us to confirm spaceavailability and schedule.

n We accept cash, checks, MasterCard,Visa, American Express, and Discover.

Need special assistance?If you are a person with a disability or specialneeds, please let us know in advance so thatwe can arrange to make your visit asconvenient and comfortable as possible.Call Pam Chapin at 617-896-1238 to makearrangements. For your convenience, MCLEalso offers closed captioning andtranscripts of all recorded webcast programs,available to you online two weeks after theprogram date.

Mandatory CLE creditsRecord of attendance is kept and transmittedupon request to any jurisdiction havingmandatory continuing education. MCLE is anaccredited sponsor of continuing legaleducation for Rhode Island and our programsare regularly approved by Maine, NewHampshire, Pennsylvania, New York, Vermont,and other jurisdictions.

And, now, depending on the jurisdiction,lawyers can satisfy their mandatory CLErequirements online with MCLE’s livewebcasts, which include periodic attendanceprompts and the opportunity to forwardwritten questions to the faculty during theprogram, fill out an evaluation form andreceive a certificate of attendance.

If your plans changeIf you’re unable to attend a program you’veregistered for, you will receive an emailnotification shortly after about how to accessthe program on demand via webcast and/ordownloadable mp3 file, including the writtenmaterials in electronic form, in full satisfactionof the tuition paid. If you prefer a refund, letus know by the end of the business day priorto the program and we’ll refund your tuitionafter deducting a $25 processing fee. Note thatlimited enrollment programs are an exception,cancellation of which require two weeks noticeand are subject to a $45 processing fee.

Discounts for new lawyersFor the first three years of practice,MCLE offers new lawyersa 25% discount on all ofits products, includingprograms (whether attendingin person or via live or recordedwebcast), books, course materials, audio CDsand mp3 recordings. If you were admitted tothe bar after 2014, you can take advantage ofthe new lawyer prices listed throughout thecatalog.

Pending admittees, law students and paralegalsare eligible for a 25% discount on most MCLEprograms.

Policies and Information

Attorney scholarships Attorneys with financial need who certify that they are unable to attend a program without financial aid may requesta partial tuition scholarship in confidence by writing or emailing [email protected] at least two weeks in advanceof the program.

New lawyers always pay theLOWEST price.