 August 20, 2007 In this 11th annual special section, we highlight 15 "rising stars" — Massachusetts lawyers who have been members of the bar for 10 years or less, but who have already distinguished themselves in some manner and appear poised for even greater accomplishments. Once again, this year Lawyers Weekly received stacks of nominations for Up & Coming Lawyers, many of them truly impressive. While that response made the selection process very difficult, it also means that the state has a terrific crop of lawyers for us to salute this year and in the years to come. Click here for information on the event. |
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Personal-injury partner scores big early on |
If big-money settlements are an accurate measuring stick, there's no denying that that Susan M. Bourque already has had a huge year.
In fact, her name has appeared in so many of Lawyers Weekly's "Verdicts and Settlements" reports that the weekly section almost reads like a résumé of her professional accomplishments.
Starting with a $250,000 settlement on Feb. 5 in a case involving a 61-year-old woman injured by a commercial van operator, Bourque has had her hands in more than $4 million worth of settlements, either as counsel or co-counsel.
Her biggest hit — a $1.35 million settlement — was the result of a personal-injury case in which her 53-year-old client was struck from behind by a van after her car, which had its turn signal activated, had come to a complete stop.
The impact threw her client's vehicle into a nearby ditch and caused significant physical and emotional damage.
"I don't know if it was a coincidence, good luck or something else," she says of her streak of settlements. "With personal injury, you can have stretches where no cases settle, and then you have cases where the timing is right and they come to a resolution. We had a stretch of those cases."
Bourque, who started at Parker Scheer as an unpaid intern during her third year of law school and was elected partner in 2006, attributes her success at the settlement table, in part, to her attitude about going to trial.
"I look at it like I take every case to try. I think that you have to have that mentality going forward, or you're not going to get good value on the case," she comments. "In any personal-injury case, especially the larger ones, the closer you get to a trial, the more likely it is that you're going to get serious talks about settlement."
While all plaintiffs' lawyers obviously entertain such discussions, Bourque notes that she never jumps in to settle a case just to get it off her plate.
"If you're just trying to get out when you can as opposed to really going the distance, I think the other side sees that," she says. "I think I've established myself as a lawyer who has the attitude that, if the case doesn't settle for good money, we will try it."
Bourque says she was first drawn to Parker Scheer because she was interested in medical-malpractice work, an area the firm devoted attention to at the time.
But after she had success handling motions and critical witness depositions in other areas of personal-injury litigation, she began expanding the scope of her practice.
In addition to her medical-malpractice and motor-vehicle negligence work, Bourque's caseload now includes products liability, premises liability and workplace sexual assault matters.
And while the PI cases appeal to her, Bourque notes that the negative connotation associated with her line of work took some getting used to earlier in her career.
"Before, when people would ask what I do, if I was out with my husband's friends or at one of his work events, I would just say 'litigation' because I knew what would happen as soon as I said 'personal injury,'" she recalls. "They wouldn't say anything in front of my face, but I knew what they were thinking: 'ambulance-chaser.'"
Now, when people ask, Bourque explains in more detail the kinds of cases she handles, the people she represents and the nature of her work.
"It's too bad that you have to do that, but I understand why," she says. "There is a stereotype out there that we are all ambulance-chasers. But, if you work on good cases and do a good job, you earn respect and build a reputation. I think I'm at a point where I've done that."
* * *
AGE: 32
GRADUATED: Suffolk University Law School, 2000
POSITION: Partner, Parker Scheer, Boston
One thing about her that might surprise people: “I’m training for the Bay State Marathon in Lowell. I’m hoping to qualify for the Boston Marathon.�
- David E. Frank
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One of state's youngest to settle a seven-digit PI case |
As the son of a judge and the grandson of an FBI agent, the law is in Thomas P. Carpenter's blood. At one point, though, he doubted he wanted to be a lawyer at all.
As luck would have it, he was in law school at the time.
Fortunately for Carpenter, he fell in love with the practice of law once he walked through the doors of Cape Cod's Ardito, Sweeney, Stusse, Robertson & Dupuy, where he has distinguished himself as one of the youngest lawyers in the state to negotiate a seven-figure personal-injury settlement.
But despite his pedigree, Carpenter — now a partner at the firm — had to work hard to get there.
Young associates at the firm are not salaried, earning instead a commission on income they generate. So Carpenter's early days were lean, to say the least.
"You're basically taking scraps from the partners' table when you're 25, fresh out of school and don't really know anything," he says. "You get the small cases they don't want. I always got the toughest ones."
Once Carpenter showed his abilities on the small, difficult matters, he was given bigger cases with more responsibility and ultimately began to develop some of his own contacts.
All the legwork paid off when Carpenter received a referral from a man he'd previously represented.
The man's brother, who worked for a kitchen company, had been critically injured while helping to unload a shipment for his boss's other business, a granite company. Carpenter's client was not trained for the task, which involved unloading six bundles, each consisting of eight 1,000-pound granite slabs bound together in a wood-and-wire framework. The client was getting ready to attach crane straps to one of the bundles when it slipped, striking his left eye socket and crushing his face.
"If it had hit his skull, it would have crushed his brain and killed him" notes Carpenter. "If it hit his neck, it would have decapitated him."
Carpenter knew right away that while the case had tremendous potential, it also presented huge challenges. It was complex in terms of liability and involved five well-heeled defendants: an Italian company that allegedly packed the granite; a Swiss shipping firm that allegedly transported the granite in an unstable container; a trucking company that allegedly failed to properly inspect the container before delivery; a crane company that had allegedly failed to properly attach the straps; and the plaintiff's employer. Each was represented by an experienced big-city attorney.
"Five against one are tough odds, especially with seasoned Boston insurance-defense lawyers," Carpenter says. "It was like going up against a conglomerate like Standard Oil. Huge firms with such tremendous resources at their disposal."
However, all five defendants launched cross-claims against each other. Carpenter took advantage of the situation, forming an unofficial alliance with the employer's attorney with the idea of deflecting blame onto the other companies. This paved the way for a $1.07 million settlement within 10 days of trial.
Carpenter credits his firm's generosity for his success.
"They trusted me enough to invest a tremendous amount of money in the case," he says of the "substantial expenses" required for experts and deposition costs. "They never wavered."
He also believes that his youth worked in his favor.
"I was completely driven, ambitious and energetic," he says. "I've got two young kids, so I had every motivation in the world to see this through successfully. I don't get paid a salary — I eat what I kill. So if I did a good job, it would be a nice payday."
More significantly, says Carpenter, his client is well taken care of.
"He can work, and he has a nice chunk of money for his pain and suffering and for his future," says Carpenter. "And I'm proud to have gone up against five heavy hitters, stand in there toe to toe and duke it out."
* * *
AGE: 33
GRADUATED: Northeastern University School of Law, 1999
POSITION: Partner, Ardito, Sweeney, Stusse, Robertson & Dupuy, West Yarmouth
One thing about him that might surprise people: “I had a lot of doubts in law school as to whether I really wanted to be a lawyer.�
- Eric T. Berkman
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Leading health care expert answers in-house calling |
Working his way through college as a veterinary technician, Michael R. Costa was intrigued by health issues, but he never anticipated that the interest would make him one of Massachusetts' most prominent health care attorneys.
In fact, Costa never expected to be a lawyer at all. He planned on following in his father's footsteps as a Rhode Island state trooper and enrolled in the police academy directly after college.
However, Costa quickly realized that law enforcement wasn't for him, deciding instead to combine his legal and scientific interests as a health care attorney. He reached his target in grand style, rising to partner at mega-firm Greenberg Traurig in Boston, where he handled the state's first hospital privatizations, becoming an expert on such transactions.
More recently, Costa has moved in-house to become vice president and general counsel of Beverly-based American Renal Associates, one of the largest dialysis providers in the United States. But all this success did not come overnight.
"Health care is not a specialty you can just jump into fresh out of law school," says Costa. "It's very highly specialized in understanding the state and federal regulatory arenas."
Knowing this from the outset, Costa began his career as a commercial litigator while pursuing a master's degree in public health from Boston University at night.
"I was working from 9 to 5 and then going to classes from 6 to 9 three nights a week," he says. "Because I live in Rhode Island, I'd take the 10 o'clock train home from Boston and get to my house around midnight. I did it three days a week for three years."
Those efforts eventually landed Costa a position handling medical reimbursements and nursing-home transactions for a small Boston health care boutique before he moved to Greenberg Traurig in 2001 for larger-scale work.
Costa's defining opportunity came in 2003, when the municipally owned Hale Hospital in Haverhill found itself awash in financial troubles and in danger of shutting down.
At the time, the commonwealth had just overcome its historical reluctance to allow private entities to take over public hospitals. But no such transactions actually had taken place when Essent Healthcare, Inc., a private hospital chain based in Nashville, Tenn., looked to acquire Hale, enlisting Costa and Greenberg Traurig partner David G. Spackman to handle the transaction.
"Because it was the first of its kind, none of the approval processes had ever been utilized," says Costa. "So it was a learning experience on our end, and the state's, to see how it actually worked."
Essent wanted assurance that the acquisition would be profitable from its end. But the state was concerned that less profitable services like the emergency room might be cut. In the end, Essent agreed to maintain the ER and a financial commitment to build up existing services.
"One thing we had going for us was the tremendous amount of state and community support for the transaction," says Costa. "They knew the hospital would close if our client didn't purchase [it]. And with such an effective management team, our client knew it could make the hospital profitable quickly despite the concessions."
Costa says the transaction was particularly rewarding for him because he got to see his work directly benefit the public.
Plus, the success of this first privatization led to Costa handling roughly a half-dozen more in its wake. "[Our firm] in effect became the 'experts' at doing this kind of work," he says. "And we were able to successfully bring all those transactions to a close."
Costa has since moved on to American Renal, but he expects to continue challenging himself professionally.
"I'll be advising a multi-million-dollar company with 900 employees on all business and legal aspects of its operations as it continues to grow nationwide," he says. "This opportunity allows me to combine both my legal and business experience in a dynamic company."
* * *
AGE: 36
GRADUATED: Suffolk University Law School, 1997
POSITION: Vice president and general counsel, American Renal Associates, Beverly
One thing about him that might surprise people: “I play in a wedding band on weekends.�
- Eric T. Berkman
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Elected leader has bright future in politics, law |
Back when he was in elementary school, Antonio E. Dos Santos' long-term plan was to become a lawyer and run for political office.
Just a few years into his career, Dos Santos can check both items off of his to-do list.
A fifth-year associate at Robinson Donovan with experience in corporate law and venture capital financing, last year Dos Santos was elected to a seat on the Ludlow Board of Selectmen.
"I bumped into a high school friend recently who I hadn't seen in a while, and he said, 'Wow, you did exactly what you said you were going to do when we were in the sixth grade'" says Dos Santos.
After practicing in the corporate department of a large firm in Hartford, Conn., Dos Santos decided to set up shop in the Pioneer Valley in 2002, an area where he had grown up and gone to school.
"There's obviously greater financial reward in Boston, Hartford and New York, but I felt that for the career I wanted, and in an effort to create a client base, I would be better served being in an area where I knew more people," he says. "That's why I came back."
Shortly after returning to Ludlow, Dos Santos threw his name in the ring for a slot on the Board of Selectmen.
To the surprise of many, the then-31-year-old challenger not only won the seat from an incumbent who had been in office for years, but he emerged as the town's top vote-getter.
"I kind of came out of the blue in terms of politics," he admits. "I had been involved as a Town Meeting member and been on the town's Finance Committee, but I had never really run for town-wide elected office."
The youngest member of the board, Dos Santos credits his family roots in Ludlow and his ability to raise a lot of money during the campaign as the primary reasons for his victory.
And while many of his colleagues on the board and town constituents bring more life experience to the equation, Dos Santos says he has had no trouble voicing his opinions during his tenure.
"It's just like being in a legal practice where you're negotiating with attorneys who have been in practice for 30 years," he says. "I had no qualms about joining an older board because this is what I do. So, I haven't been at all intimidated or shy about making my opinions known."
Instead of setting his sights on running for higher office, the father of one with a second child on the way says he plans to focus his long-term future on being a lawyer, as opposed to a politician.
In fact, a Ludlow charter commission is currently considering modifying the town government to a mayor/town-council structure. Should that pass, Dos Santos says he has no intentions of running for the top spot.
"A lot of people have asked about it and encouraged me to run [for mayor], but I can't," he says. "I plan to remain committed to the law as a career, not politics."
Dos Santos will not even confirm whether he plans to seek re-election when his three-year term expires on the board. "I really haven't decided on that," he says. "I'll have to have a long conversation with my family about it."
Part of the reason for his hesitancy is the success he has had practicing at Robinson Donovan.
Working with a senior partner at the firm, Dos Santos was responsible for drafting special legislation for Gov. Deval L. Patrick on behalf of a major energy producer client.
The governor recently signed the legislation, which cleared the way for two western Massachusetts towns to negotiate a 25-year PILOT — payment in lieu of taxes agreement — with his client.
And his experience with complex real estate transactions and venture capital work has given him the chance to handle acquisitions throughout the country for a corporate client who was purchasing fee and leasehold interests in cellular towers.
"I had experience with the real estate and title insurance work and was asked to help put the deal together, which is the way a lot of things happen in the legal profession," he says. "I closed a transaction involving 49 cell towers in the South, Midwest and Michigan — which isn't typical work for a firm in Springfield."
* * *
AGE: 32
GRADUATED: University of Connecticut School of Law, 2000
POSITION: Associate, Robinson Donovan, Springfield
One thing about him that might surprise people: “I’m actually a pretty good cook.�
- David E. Frank
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Animal-rights lawyer earns national rep |
As deputy director of law enforcement at the Massachusetts Society for the Prevention of Cruelty to Animals from 1978 to 2001, Robert H. Fennessy seemed destined to one day practice animal law.
And, indeed, since becoming an attorney in 2002, the 51-year-old sole practitioner has made it his life's work to advocate for victims who don't have a voice — or specific laws to protect them — in society.
With few other attorneys in Massachusetts practicing in a field that offers only modest financial incentives, Fennessy continues to make a name for himself as the state's go-to animal lawyer.
But Fennessy has faced major barriers in his efforts to protect and seek justice for his clients' four-legged companions.
That's because the laws in Massachusetts are not pet-friendly, according to Fennessy.
"Animals are looked at as property — [they] depreciate in value like a car. My argument is that [they are] appreciating like a fine wine," says Fennessy. "[There is a] lack of acknowledgement by the courts that animals are more than just property, hence the reason why most attorneys won't take an animal case. Who's going to pay the legal bills?"
Since the laws in Massachusetts typically are not conducive to multi-million-dollar awards in animal cases, Fennessy himself supplements his practice by taking on family and employment law cases.
But Fennessy says that the demand for animal-law attorneys is rising, as is evidenced by the numerous animal-law programs he has taught at law schools in the area and across the country.
"An animal is not just a piece of equipment; it is a living being," says Fennessy. "The person who loses an animal at the hands of a vet or kennel should be compensated as if they lost an heirloom, child or spouse."
Most recently, Fennessy represented several clients in a class-action lawsuit in California involving the tainted pet-food scandal. His caseload also includes brokering a horse deal, dog-bite incidents, and matters involving town ordinances and veterinary malpractice.
"Vet-malpractice cases are a consistent theme," adds Fennessy. "They are much like medical malpractice, but [it is] harder to get a positive outcome because your client can't speak."
Although obtaining a monetary award or working out a conflict for his clients is his main objective, there is also an emotional side to Fennessy's work.
"Like most cases, a figure is offered and a client has to decide to go forward or end it all," he says, noting that the loss of a pet for most clients is like the loss of a family member. "Sometimes I'd like to pursue [a case] to change the law, but it is up to the client."
Despite the setbacks in Massachusetts with regard to animal law, Fennessy has no plans to slow down.
"People know me by what I do and seek me out," says the Walpole solo who once had a woman in California contact him on a case.
"I'm a very sensitive person; when clients get emotional, I do, too," says Fennessy. "A case like that is more than someone suing someone for damage to a car."
To that end, Fennessy is trying to get recognition for the field so that "the courts and judges recognize there is more value in an animal than just a piece of property. [I'm] very optimistic that we're moving in the right direction to bring these things forward. It's a burgeoning field of law, a very important field of law, and hopefully someday a self-sustaining [field of law]."
* * *
AGE: 51
GRADUATED: Southern New England School of Law, 2001
POSITION: Sole practitioner, Walpole
One thing about him that might surprise people: “In 2005, I was honored by my hometown as one of the ‘One Hundred Historical Stars of Plainville’ for the Plainville Centennial Celebration.�
- Alyssa Cutler
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'Competitive' litigator juggles big stakes, 9/11 and child advocacy |
Competitive by nature, Christopher G. Green's drive has steered him into the offices of some top financial companies, as well as into the hearts of those in dire need of representation.
"I'm really competitive, which is why this career is a perfect fit for me," says Green.
Green's practice is comprised of complex commercial litigation — representing private equity firms, hedge funds and financial services firms — and children's advocacy, collaborating with the National Center for Missing and Exploited Children on pro bono cases.
"I always try to have one pro bono thing going because I think that's the right thing to do," notes Green, who has essentially put himself on call at the center.
He is also involved in the multi-billion-dollar insurance coverage litigation stemming from the Sept. 11, 2001, terrorist attack on the World Trade Center in New York City.
But rather than be overwhelmed by his workload, Green thrives on it.
"[At Ropes & Gray], we just don't have routine matters," says Green. "We have big cases with big stakes, and it keeps you alive."
So, how does a complex-litigation attorney who deals with companies such as Fidelity, State Street and Bain Capital transition to the children's advocacy arena?
Green landed an opportunity as a first-year associate when a court coordinator contacted his firm seeking help on an emergency hearing.
"A mother of two children required pro bono representation to defend against an effort by the father to have her children taken away from her and sent back to the country where the father resided," explains Green. "Our department head asked if there were any volunteers, and I jumped at the opportunity."
Ultimately, the children were prevented from returning to an abusive situation.
"The experience was incredibly rewarding and energizing," he recalls. "Thereafter, I took on several children's advocacy matters in the years that followed. Although this work has always been motivated by my love for children, the birth of my son has given me additional motivation to help parents reunite with their children."
Green brings that same passion to his corporate clients as well.
"Large, sophisticated and complex clients have large, sophisticated, complex problems, so when they come to us, we're not going to find a case that answers the questions," he observes. "That is exactly what I love about this job."
The only way to give clients good advice, Green says, is to have a sound understanding of their businesses.
"I recognized as a pure litigator that I might never obtain the knowledge base necessary to advise corporate clients in an optimal way," he explains. "Recognizing that, I learned corporate finance."
That meant reading corporate finance books while vacationing at the beach, but he figured the end result would be worth it: He would understand, from the perspective of his clients, how businesses work, and it would be easier to communicate with them.
These days Green is also working on the multi-billion-dollar dispute involving the 9/11 attack on the World Trade Center. With Ropes representing the London insurers in the case, Green, the team's senior associate, is orchestrating trial strategy.
"There are unprecedented amounts of money, the viability of a lot of large businesses and the financing for the rebuild of the World Trade Center site at stake in what is undoubtedly one of the most important events in history," he says.
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AGE: 33
GRADUATED: Georgetown University Law Center, 1999
POSITION: Senior associate, Ropes & Gray, Boston
One thing about him that might surprise people: “I’m a huge Walt Disney fan.�
- Alyssa Cutler
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Problem-solver's caseload includes major clients |
When Boston lawyer Damon P. Hart is asked how he got to where he is today, he points to his employer Holland & Knight.
"There are people at this firm who just sat around thinking, 'How can we make this guy better?'" Hart says.
Their strategy clearly worked. Thanks to the wide-ranging skills Hart has developed during his tenure at the firm, he made partner there earlier this year.
Although his practice focuses on litigation for major clients such as Coca-Cola Co. and BJ's Wholesale Club, Hart has also negotiated contracts and worked on real estate development deals, and handled employment, commercial, tort, trademark and patent cases.
"I've represented an elderly woman against contractors who ripped her off, and I've represented Coca-Cola on trademark matters, so it is a pretty wide gamut," Hart notes. "Holland & Knight has allowed me to develop an expertise in various areas. The firm has said, 'As long as you're productive and doing good work and clients are happy, we'll let you do whatever you want to do.'"
Hart describes himself as a problem-solver and a counselor, a lawyer who tries to take a "holistic approach" to his clients' needs "and not only address the problems they have, but also give them advice to do things more efficiently — both today and in the future."
Combining his spiritual life with his work, Hart has represented numerous church congregations, including the one he belongs to, Mattapan's 7,000-member Jubilee Christian Church.
He is currently co-counsel for the national Swedenborgian denomination, a small Protestant sect that is seeking control over the assets of its Beacon Hill church, which is seeking to disaffiliate itself. Longtime "Whitey" Bulger associate Eddie McKenzie is director of operations for the Boston congregation, and leaders of the national denomination allege that he is seeking to loot its valuable real estate assets. Oral arguments are scheduled at the Supreme Judicial Court this fall.
"Aside from the salacious details, the real interesting parts are the constitutional issues," says Hart. "As someone who's represented a lot of churches and religious organizations, this case can have a real impact on the issue of what courts can get involved with. Our position is that it is a property dispute, and that the court can apply mutual principles of law; there are no ecclesiastical issues involved."
When representing large corporations on employment matters, Hart says he aims to "make the environment better. You have your eyes on the strategic issues in the case, but you also are looking to help people. Is there training I can suggest? A procedure not working the way it is intended to? Miscommunication about policies? If there's a gap, I try to bridge it."
Noting that local firms often raise the question of how they can retain talented young attorneys of color, Hart says that what Holland & Knight has done for him should be a model.
"I've had more mentors that I can count. It isn't just that I respect their legal skills. There are so many people that model good behavior about how to practice law at the highest level and still be there for your family."
Eager to "give back" to the profession, Hart is active in numerous local groups, including the Boston Bar Association, where he currently is serving a term on the BBA Council and formerly was chairman of the New Lawyers Section. He is also active with the Boston Lawyers Group and was recently named president-elect of the Massachusetts Black Lawyers Association.
As a lawyer of color, Hart says he sometimes walks into a courtroom and detects a note of surprise on the part of opposing counsel that he is representing a Fortune 500 company. "We've made a lot of progress," he says, "but that shows me we still have a lot of work to do."
With a heavy caseload and plenty of "extracurricular activities" to keep him busy, the former Holy Cross basketball star admits that his schedule can be a tough balancing act.
"On any given evening, I might have to choose between attending an event that the governor might be at, a BBA event, an MBLA event, a firm event, a church event, mentoring some teenagers in the community, going home to work and bill some more hours, or pitching a whiffle ball to my son," he says.
And, yet, he shows no sign of relaxing his breakneck pace.
"[I'm] still on my way up the mountain. I want to continue to be a leader in the law and a leader in the community. But my most defined goals have nothing to do with the law; I want to be an outstanding father to my two kids and an outstanding husband."
* * *
AGE: 33
GRADUATED: Boston College Law School, 1999
POSITION: Partner, Holland & Knight, Boston
One thing about him that might surprise people: “I love to cook and bake.�
- Noah Schaffer
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Appellate prosecutor thrives as abuse-victim advocate |
With only 24 hours in a day and seven days in a week, time is the only obstacle standing in Christina E. Miller's way.
Miller balances her career as a an appellate lawyer in the criminal division of the Suffolk County District Attorney's Office with her positions as co-chair of the Massachusetts Lesbian and Gay Bar Association (where she also serves as a representative to the House of Delegates of the Massachusetts Bar Association) and soon-to-be chair of the Criminal Law Section of the Boston Bar Association.
As a prosecutor on a public interest salary, Miller says she couldn't afford to pay back her student loans without a second job.
So every Sunday for the past seven years, Miller meets with a different kind of client at the West Roxbury Home Depot, where she designs custom kitchens.
"If I have to have a second job, it's a really nice one to have because I love it. It also makes me very popular at parties because people don't want to talk about the law, but everybody likes to talk about kitchens," she notes.
Miller got hooked on criminal law as a college student after doing an internship in the Child Abuse Unit at the office of the Philadelphia prosecutor.
"That's what really sparked my interest, so I went to law school knowing I wanted to be a prosecutor," she says.
Although she handles a mix of post-conviction criminal matters, as well as the occasional civil motion on constitutional issues, Miller says she remains most committed to seeking justice for child-abuse victims.
"That is my biggest passion, because these children are the most vulnerable members of society," says Miller. "Often, society doesn't want to know about the crimes committed against them, and sometimes their own parents don't believe them. Somebody needs to hear their voice, and I wanted to be part of that voice."
Miller also serves as the Appellate Division's liaison to the Child Abuse Unit, where she worked as a co-op student in law school.
In a recent win, Miller convinced the Supreme Judicial Court that the privilege for treatment providers, such as psychologists and social workers, should also apply to the records of an "allied mental health worker," who had treated a child-abuse victim. The 2007 case is Commonwealth v. Vega.
Other cutting-edge legal issues that get Miller excited are defending a new statute requiring that all sex-crime convicts wear a GPS tracking device against a challenge that it is an ex-post facto law, and forging new ground on the law of search and seizure in electronic child-porn cases.
"It's a fascinating question in the new computerized age, whether you must prove downloading to a specific computer. Unlike drugs, which can be found in your hand, in a pocket or in a house, virtual images have no place. There is very little law on computer searches in Massachusetts, although the feds have done quite a bit more and we're catching up. That's going to be the new cutting-edge issue in search and seizure law, because computer searches are only going to increase," she predicts.
Miller's advocacy does not stop with her work as an appellate attorney. As co-chair of the MLGBA, one of her goals is getting a bill passed in the state Legislature that would explicitly prohibit discrimination against transgender people.
Miller is also passionate about promoting diversity at all stages of the legal profession, whether it is building relationships between the MLGBA and other bar associations or helping young people develop an interest in the legal profession.
Just as Miller's interest in the law was sparked as a young student, she hopes to inspire young people — especially those who are less privileged — to go to law school.
Last year, when Miller judged a moot court competition for high school students, she told them "the law is a powerful tool, and if you choose to, you have the power to use the law to improve your community and your state."
Miller says she saw one girl's face light up and knew she had struck a chord.
* * *
AGE: 35
GRADUATED: Northeastern University School of Law, 1998
POSITION: Assistant district attorney, Appellate Division, Suffolk County District Attorney’s Office
One thing about her that might surprise people: “I design kitchens, jewelry and floral arrangements.�
- Sylvia Hsieh
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Entrepreneur opens doors for minority businesses |
For Aimee Griffin Munnings, the practice of law has never been about courtroom drama or million-dollar awards. Rather, it is the idea that attorneys can bring about important change within their own communities.
As the founder and executive director of the New England Black Chamber of Commerce, established in 2002, and the director of the Law and Business Center for Advancing Entrepreneurship at Western New England College since 2005, Munnings has been busy making positive changes in her Springfield community through the integration of business development and entrepreneurship.
"We all have the capacity to be social engineers," claims Munnings. "And we need to create the world we want it to be."
It is that passion to enact change that brought the 45-year-old to Western New England College School of Law, from which she graduated in 2003.
"I went to law school at 40 [because I've] always supported devalued people," explains Munnings. "The biggest challenge, if you don't know your rights, is that you aren't going to be able to stand up for them. [I went] to law school to get the information to share."
As head of the Chamber of Commerce, the Springfield native has opened doors for poorer members of the community by coordinating workshops on financial health and business development.
"I appreciate and respect highly the work of affiliated chambers, but it's a different mission when [dealing with] a person of color," says Munnings. "[I wanted to] create opportunities for people of color in a city that is primarily of color. We need to help bring back to life the urban core of the city."
With workshops ranging in attendance from 20 to 400 people, she has done just that.
"[The Chamber of Commerce] was created to support people through the strength of collaboration. Folks can hear from me because they aren't feeling threatened," says Munnings, who is African-American.
The "folks" she helps include a family that emigrated from the Caribbean after purchasing a parcel of land from the city on which they planned to relocate their business. "They were unable to secure the financing to make the building usable ... and were facing a pending date of reversion," she recalls.
Munnings says she worked with the couple and the Small Business Administration to secure a new pilot project — which involves starting community express loans to create opportunities for people with limited means to secure loans at a higher guarantee in an effort to increase flexible capital for small businesses — while supporting the family through financial and business development counseling.
"Their shop will open at the end of the summer in a facility that they own," notes a proud Munnings.
But her line of work is not without its disappointments or challenges. The chamber is funded through grants, which fluctuate in availability. And she regularly faces clients who come in completely discouraged and emotionally beaten down, from single mothers with multiple children to people who have been incarcerated.
"It's hard work, and I try to keep my mind focused on the end [result]. I look at every little success," adds Munnings, who says it has always been her heart's desire to support people.
That's why Munnings couldn't pass up the opportunity that arose last year to expand her altruistic efforts.
"It was meant for me," she says of the newly established directorship of WNEC's Law and Business Center for Advancing Entrepreneurship. A chance meeting on an airplane with the president of the college ultimately led her to pursue the gig.
"I have the coolest job in the world," exclaims Munnings. "It marries all of my heart's interests — workshops, conferences, a resource center. [And I] bring in people who will inspire and educate."
In addition to her full-time job at WNEC and the nights and weekends she devotes to the chamber, Munnings is active on the boards of 10 other organizations, including the Western Massachusetts Enterprise Fund, the YWCA and the Brianna Fund for Children with Physical Disabilities, Inc.
So, how does she do it all?
"I don't sleep a lot," she explains. "I see a need and try to meet the need. It is important to serve as a model; you can't just talk about giving back and not do it."
* * *
AGE: 45
GRADUATED: Western New England College School of Law, 2003
POSITION: Director, Law and Business Center for Advancing Entrepreneurship, Western New England College, Springfield
One thing about her that might surprise people: “I’m shy.�
- Alyssa Cutler
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Venture-capital lawyer seals deals north of the border |
Growing up on the prairies of western Canada, John R. Pitfield was about as removed from the Boston venture-capital scene as one can get.
But by parlaying his fascination with organizational structure and mechanics with his Canadian background, Pitfield has become the go-to guy for Canadian startups seeking VC funding south of the border.
For as long as Pitfield can remember, he was captivated by what brings companies together and enables them to succeed.
"I was fascinated from an early age," he says, noting that he read the business pages as a kid.
Pitfield developed his interest in VC work in particular while he was a summer associate at a large Toronto law firm during law school. He also quickly realized that this interest would bring him to the United States one day.
"At the time I graduated, the VC community hadn't developed in Canada to the extent it has today," he says. "So, companies were looking to VC firms in California and Boston. That made me look to Boston as a place to begin my career."
Pitfield started at the now-defunct Testa, Hurwitz & Thibeault, then the leading law firm for technology and private equity.
Ten years later, Pitfield is a partner at Choate, Hall & Stewart, where his work with Canadian companies has set him apart.
For example, last year he worked with a private Canadian software startup, generating contact between his client and local private-equity firms and ultimately obtaining a substantial chunk of funding.
The exact amount is confidential, but Pitfield says it was between $5 million and $10 million. Today, that company is rapidly growing in both the U.S. and Canada, and the investors are thrilled. So is Pitfield.
"It's very rewarding working with smaller, dynamic companies that have a great idea and can impact the state of technology as it currently exists," he says. "And particularly with Canadian companies, I enjoy being able to stay in contact with people I went to school with and continue those relationships over the work."
The transactions are not without some unique challenges, Pitfield says.
He explains that cross-border funding presents an unusual share structure that raises a number of tax, accounting and regulatory issues that are not present in pure U.S. private-equity financings.
"There's a different magnitude of work involved," he says. "You also have both Canadian and U.S. counsel on both sides of the transaction, so having good communication is fundamental to making the process go."
While Pitfield is most noted for his work with Canadian companies, he has developed a broad mergers-and-acquisitions practice as well. In 2005, he was co-lead counsel for Teradyne, a publicly traded technology manufacturer, in the $390 million sale of one of its divisions.
Yet, despite the intensity of Pitfield's career, he still finds time for public-minded pursuits. An openly gay attorney himself, he's become an indispensable leader on health care issues for the gay community.
Pitfield's main endeavor is fundraising for Fenway Community Health, a Boston organization that provides medical and mental-health services to the gay and lesbian community. His role has been to help spearhead annual dinners that have raised nearly $2 million.
"My mother was a nurse by training, so there's always been that consciousness of the importance of health care," he says. "Layered on top of that are health care issues specific to the lesbian, gay, bisexual and transgendered community. So, it's a natural outcropping of interests to me."
* * *
AGE: 34
GRADUATED: University of Toronto Faculty of Law, 1997
POSITION: Partner, Choate, Hall & Stewart, Boston
One thing about him that might surprise people: “I was born in Regina, Saskatchewan, a community of under 200,000 in the middle of farmland.�
- Eric T. Berkman
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High-profile cases find courtroom veteran |
You'd think jury empanelment would be old hat for a lawyer who has tried more than 150 cases.
But for Katie Cook Rayburn, a one-time Plymouth County prosecutor who has been in private practice with former District Court Judge Daniel W. O'Malley since 2005, the butterflies are still there the night before a jury is picked.
"I'm often surprised that I'm still nervous," she says. "I loved being a DA, but one of the reasons I left — other than money — was that you get to a certain point where you lose that nervousness a little bit because you know the judges and the defense attorneys and sort of get a home court advantage."
In April, Rayburn represented Lucy Wightman, a former exotic dancer in Boston who was under indictment for practicing psychology without a license, filing false health care claims and engaging in insurance fraud.
The case, which drew the attention of law enforcement authorities after Fox TV did an undercover investigation into Wightman's therapy practice, was quickly picked up by the likes of "Inside Edition" and the "Oprah Winfrey Show."
At the time, Rayburn declined requests to speak publicly about the trial.
"I'm not someone who really likes having the press around," she explains. "I know there are lawyers who kind of enjoy that, but I don't because it adds an extra element of stress to the case that you really don't need."
Other than spending more time than usual doing her hair in the morning, Rayburn says she tried to block out the unsolicited attention.
After the week-long trial, which entailed more than 30 witnesses and thousands of pages of discovery, the concensus among members of the media and the bar was that Rayburn — who tried the case by herself — did a top-notch job.
While the jury found her client guilty on 19 of 26 counts, Rayburn was able to secure a sentence that did not involve any committed time.
One thing Rayburn was not able to secure was some much needed R&R for herself after the trial.
During one nine-day stretch, Rayburn reports that she appeared in 21 different courts handling a variety of civil, criminal, and Probate & Family Court matters.
"I have a caseload here [that] is interesting and different, and there is certainly never a dull moment," she says. "I never have a day where I'm looking at my clock saying, 'It's only 1 o'clock.' I'm always looking at my clock saying, 'I can't believe the day's almost over!'"
A review of Rayburn's career shows that she is no stranger to handling high-profile cases.
In addition to the Wightman case, her name appeared in the headlines after she handled the arraignment of a Notre Dame soccer coach accused of raping one of his daughter's friends.
She also garnered attention for her successful efforts to have a client's Stoughton police corruption trial severed from those of the other defendants in the case.
Rayburn and O'Malley also received attention for their representation of the first post-Melanie's Law OUI motor-vehicle homicide defendant, a case that ultimately ended in a plea.
"I was the type of DA who would try anything that came across my desk" she says. "Having done 150 trials, you can obviously tell that I did as many as possible. Now, working on the other side, if [O'Malley] wants me to do something, I'll do it."
It is that tireless determination that landed the case of Smith v. Jones on her desk. The recently published Appeals Court decision, which she argued in 2006, is now recognized as a lead case on restraining-order issues.
"The case gets cited all the time," she says. "I actually cited it myself recently, which was kind of weird because it seemed a little ridiculous to be citing my own case."
And, as an assistant district attorney, Rayburn was involved in the domestic violence case of Commonwealth v. Hermany Gonsalves, which ultimately went up on appeal and became a lead case in Massachusetts on the admissibility of excited utterances.
"I think a lot of the cases I've handled have been the result of being in the right place at the right time," she observes. "But that said, I've had some great opportunities and really do enjoy being in a courtroom."
* * *
AGE: 32
GRADUATED: Suffolk University Law School, 1999
POSITION: Associate, Law Office of Daniel W. O’Malley, Quincy
One thing about her that might surprise people: “I’m actually very shy.�
- David E. Frank
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Construction litigator builds up impressive résumé |
Even though Kenneth E. Rubinstein knew in law school that he wanted to go into commercial litigation, he made a calculated decision not to go directly to a big-firm litigation department.
"Most of my friends in law school went straight to big firms to be in the area they wanted," he recalls. "I took a different approach and decided I first had to learn the business side. I knew that gaining a deeper financial background would set me apart from my peers."
So, after graduating from Boston University School of Law in 1998, he went to Arthur Andersen where he learned the financial side of business deals, handling complex restructuring and audit defense.
After that, he spent a few years learning how to try cases.
"I knew I wasn't going to get trial skills as a big-firm associate, sitting locked in a library doing someone else's research and writing someone else's briefs, so I went to Morrison Mahoney," he says of his association with the Boston-based firm.
He started out in the Worcester office trying modest fender-bender cases. After getting a few wins under his belt, a senior attorney at the firm, Andrew Douglas, brought him to Boston to make better use of his business background in larger cases.
Today, as a junior partner with Nelson Kinder who splits his time between the firm's Boston and Manchester, N.H., offices, Rubinstein handles multi-million-dollar cases representing construction companies and software developers.
Among his recent wins was the successful defense of an equipment lender in a $5 million claim for breach of fiduciary duty, which included arguments at the Supreme Judicial Court, and negotiating two complex software-related contracts for $40 and $50 million for projects in Florida and Iowa.
And it turns out his earlier decision to get business experience before turning to litigation has given him an edge in the increasingly competitive area of commercial litigation.
Despite his relatively young age as lead counsel on some of these big cases, Rubinstein inspires confidence in his clients because of his financial knowledge and his ability to think in business terms, not just from a litigator's perspective.
"In litigation, the client has a problem that will end in either trial or settlement. A bad habit [some lawyers] get into is to focus on the litigation. At Arthur Andersen, everything was done with a business goal and financial goals in mind," he says.
In addition, he notes, "When I get my client's financial records, I don't need to send them to someone else."
In addition to knowing his way around financial statements, Rubinstein is as comfortable around a Caterpillar tractor as he is around a courtroom.
Growing up, Rubinstein spent summers working at his father's construction company in New York City.
"I've been litigating cases for nearly 10 years, and I've been hanging around construction projects, cost estimates and specs off and on since I was 14 years old," he remarks.
The building boom of the past decade has been instrumental in feeding Rubinstein's construction litigation practice. Now that the construction sector is cooling down, Rubinstein's other practice area — bankruptcy — is keeping him busy as well.
"In good times, construction is very active and construction breeds disputes. In down cycles, construction is down and you see more bankruptcy and creditors' rights," he says.
Rubinstein founded his firm's creditors' rights practice group but recently ceded the chair to a senior attorney whom the firm hired.
Which suits the father of two fine since he has plenty of projects to keep him busy, including two books he is writing on construction law for ConstructionChannel.net, an organization of real estate owners and developers.
He has also been asked to run a "Mechanics' Lien Boot Camp" for New Hampshire attorneys on that state's antiquated mechanics' lien process.
The N.H. statute is so complicated, according to Rubinstein, that he counts himself as one of "only a half-dozen practitioners I would trust to do a mechanics' lien."
* * *
AGE: 34
GRADUATED: Boston University School of Law, 1998
POSITION: Officer, Nelson, Kinder, Mosseau & Saturley, Boston and Manchester, N.H.
One thing about him that might surprise people: “I was captain of the rugby team in college. I also played rugby in Australia.�
- Sylvia Hsieh
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Health care advisor takes place on front-lines |
Melissa D. Shannon used to have a negative view of the political process. Then she took a policy course in college and the professor demonstrated that "politicians have all the money and all the power."
Says Shannon: "Most lawyers see the courts as a vehicle for social change. That's the typical prestigious route for talented law students; they look past the opportunity to do legislative work. But there's so much good you can do in this setting."
In recent years, Shannon has been on the front-lines advocating for Massachusetts to reshape the way it handles health care. Now, with the implementation of the state's new groundbreaking health care legislation, Shannon will play a crucial role in implementing the law as policy director for the Executive Office of Health and Human Services.
With some 16 agencies under the office's purview, Shannon works on a wide variety of issues, making sure that the policy process flows smoothly from one department to another.
The job actually marks a return to the "inside" for Shannon, who got her start working as the legislative director for Sen. Pamela P. Resor, who represents Acton. She then worked for Sen. Mark C.W. Montigny, D-New Bedford, when he was chairman of the powerful Ways & Means Committee.
Even when Montigny lost that position Shannon stayed with the senator because of his focus on health care.
When it appeared that health care reform was on the horizon, Shannon switched to what she calls the "advocacy" side. In 2005, she joined Health Care For All, an advocacy group credited with helping to push through the new law.
At the start of the last gubernatorial campaign, Shannon joked to her boss that if "we ever got a Democratic governor, I'd want to go work for that administration. Little did I know I was actually announcing my departure!"
At her new job, Shannon reviews policies in areas ranging from welfare reform and wellness promotion to health care cost containment and mental health.
"We'll get questions from the Governor's Office or from our congressional delegation about things going on," she says. "When we get a question, it is my job to access the resources to make sure those questions get answered. We look at what positions and priorities the governor should have, how we can advise him and how we can work to mobilize [those priorities]."
Another big part of her job is the "art and skill" of compromise, she says.
"That's what this business is about. I enjoy the process of negotiation, and, in some cases, my job involves the role of being a negotiator between different views."
So far, Shannon calls health care reform in Massachusetts "a big success. We have to date about 130,000 newly insured people with good comprehensive coverage. It is definitely a success."
Meanwhile, she says, it remains to be seen how many individuals will sign up for private insurance products.
"We'll be watching that," Shannon says. "It's amazing how much has happened since the bill passed, but we have a lot more data to watch and look for, including the take-up rates in private insurance and how health care reform impacts employer behavior."
Although a law degree is not required for some of the work Shannon has done since law school, she is more than happy to have one.
For instance, she notes that she can look at a proposed policy and say "this might be an equal protection issue" or "is that residency requirement for welfare constitutional?"
Having a law degree, she adds, has made her better at the jobs she's had. "You can work on policy, but at some point you have to put that policy down on paper as legislation or regulation, and I enjoy being the person who knows how to do that."
* * *
AGE: 35
GRADUATED: Northeastern University School of Law, 1999
POSITION: Policy director, Office of Health and Human Services, Boston
One thing about her that might surprise people: "I can juggle. Literally, I can have up to four balls in the air at once."
- Noah Schaffer
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Associate wins acquittals for clients accused of health care fraud |
As a white-collar criminal defense attorney, McKenzie Webster has been in the thick of the aggressive crackdown on health care fraud in Massachusetts.
"The U.S. Attorney's Office out of Boston has been particularly active in health care fraud," Webster notes. "The prosecutors have become experts in this area, and, as a result, criminal defense attorneys have learned to become experts, too."
Webster, a 2001 graduate of the University of Virginia Law School, has already chalked up two big victories in her budding career.
In 2004, she successfully defended a sales executive at TAP Pharmaceuticals (maker of the prostate cancer drug Lupron and antacid Prevacid) who was charged with Medicaid fraud as well as violating federal anti-kickback laws and the Prescription Drug Marketing Act.
The jury trial — one of the largest health care fraud trials in U.S. history — lasted a grueling three months, resulting in an acquittal for Webster's client and seven others.The company agreed to pay a record $875 million to settle similar criminal and civil charges; it remains one of the largest settlements in the country for health care fraud.
And in May, Webster successfully tried one of Massachusetts' largest criminal health care fraud cases — U.S. v. Bruens.
Her client was one of four sales executives at the pharmaceutical company Serono accused of violating federal anti-kickback laws by offering doctors free trips to a medical conference in France in exchange for prescribing an AIDS drug.
All four were acquitted after a three-week trial.
"The law is very grey in what constitutes a legitimate exchange under the Anti-Kickback Statute," Webster says. "The government must prove a specific intent to violate the law, which I think was the primary basis in both cases for the acquittals — they were employees who were just doing their jobs, and they did not believe they were violating the law."
With four law firms representing the defendants, Webster was the only associate on the trial team who played a significant role in questioning witnesses and conducting the trial.
Webster — who has a master's degree in legal history and wrote her thesis on civil rights sit-in cases and desegregation — likens the work of a criminal defense lawyer to civil rights work.
"The criminal world as a defense attorney is civil rights in a way," she remarks. "You are trying to defend people from having their rights taken away. Especially in health care fraud cases, my clients have been truly innocent, and you believe in them. You can't always say that about your clients."
The cases can be "incredibly emotional," adds Webster, who notes that in the Serono case even the jurors were teary-eyed when the verdict was read.
The cases also allow Webster to get valuable trial experience in criminal cases.
"In the criminal context, you get into court more, which is hard experience to get as an associate in a law firm because so few civil cases go to trial," she says.
On the civil side, Webster's other area of practice — securities litigation — has dovetailed nicely with her criminal defense work.
With Sarbanes-Oxley, Webster says, "there is a lot more criminal exposure out there for financial matters. Often, someone is investigated by the [Securities and Exchange Commission], and there's a possibility they will be indicted as well. The cases can be one and the same, so it's useful to have a criminal background to understand how something in a civil suit can have criminal ramifications."
Webster is also involved in representing one of the Big Dig companiesthat was under investigation for false statements and misrepresentations regarding the quality of concrete provided. After a multi-year investigation, thecompany recently settled with the government and pled guilty to one count of conspiracy.
Lest anyone think Webster is not spending enough time in court, she gets additional trial experience by taking on federal defender cases pro bono.
"They are mostly drug cases," she explains. "They're great because I can own the case, from the hearings to the arguments to the sentencing. The mandatory minimums are quite harsh, and there's a lot at stake. The emotional involvement is good and bad, but it's an exciting practice," she says.
* * *
AGE: 32
GRADUATED: University of Virginia Law School, 2001
POSITION: Associate, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, Boston
One thing about her that might surprise people: "I'm a Red Sox season-ticket holder but remain loyal to my Detroit Tigers. Thankfully for my marriage, a playoff series between the two teams has yet to happen!"
- Sylvia Hsieh
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Bar-advocate activist doubles as forensics expert |
When Thomas E. Workman Jr. first started practicing, sympathetic judges assumed the middle-aged lawyer making "rookie mistakes" was from nearby Rhode Island and not accustomed to the Massachusetts courts.
But a decade after he made the switch from the business world to the legal profession, Workman has become an in-demand legal forensics expert and a tireless advocate for court-appointed attorneys and the clients they represent.
One of the founding members of the Massachusetts Association of Court Appointed Attorneys, Workman was president of the organization during its successful battle in 2005 for higher hourly fees for bar advocates after two decades of no pay increases.
"While everything else had advanced in price, the rates had stayed constant. They weren't enough to pay to rent an office and have one staff member," Workman says. "So, I naively felt we'll just explain this, and someone will see the logic and fix it. But, of course, that's not the way the process works."
While many lawyers protested by declining to take new count-appointed cases, Workman is particularly proud of the fact that the organization and its members were never charged with antitrust actions.
When he joined the bar, Workman used court-appointed cases to build his practice. Asked why he still takes such cases, he relays the story of a woman who was convicted of a crime and sentenced to a brief jail sentence. She later sent Workman a card telling him she appreciated how hard he had fought for her.
"No one had listened to her in her whole life," he says. "That's why people who take appointed cases do the work. Without someone to take the side of people who are prosecuted, they'd be on their own, and how could they ever manage to get a fair trial? They could never mount a fair defense without the help of someone who knows the process."
As a bar advocate, Workman winces when he hears a private practitioner referred to as a "real lawyer."
"The attorneys who know the system the best, the attorneys who are there every day, are the ones who do court-appointed work," he remarks.
In addition to his bar-advocate work, in 2003 Workman was trial counsel in Commonwealth v. Foley, a case in which the Supreme Judicial Court decided that the right to confrontation means that some out-of-court statements may not be allowed at trial.
Before switching to law, Workman worked in the technology sector. He ultimately combined the two careers by serving as a legal forensic evidence expert, a role that now accounts for about half his time.
Workman first considered going to law school when he realized that his tech employer was facing an uncertain future.
"I thought about who I interacted with in my job and realized I most liked working on the legal issues with the company's attorneys," he says.
Workman, a member of Lawyers Weekly's Board of Editors, jokes that his mid-career switch means he often is "the oldest attorney chronologically, but the least experienced" in the group.
Yet, he has no regrets about the direction his career has taken. "I imagine I'll be doing this until I take my shingle down," he says.
* * *
AGE: 59
GRADUATED: Suffolk University Law School, 1997
POSITION: Sole practitioner, Taunton
One thing about him that might surprise people: "I am a classical vocalist."
- Noah Schaffer