Learn More At Our Seminars And Lectures
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The Foundation for Continuing Education Medicaid Planning Update – 2019 DESCRIPTION: So you took your client through the Medicaid application process and received an approval but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this? While Medicaid planning and obtaining MassHealth benefits is a continuing challenge, keeping such benefits may be just as hard. The statute and regulations seem clear but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges. This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need. Date: TUESDAY, May 28, 2019 Time: 9:00 AM – 1:00 PM Location: Marriott Courtyard, 10 Campanelli Drive, Andover, MA Speaker Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C., Waltham Agenda • Explore MassHealth’s latest trick, denying benefits after being approved, and the application of the MAAS cure to this • How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit to survive MassHealth challenges • The difference between a look back period and a penalty period and permitted transfers • Review of annuity rules for married couples and single folks, what happens when healthy spouse dies prior to sick spouse, and MassHealth challenges to the designated beneficiary rules • Whether personal care contracts are permissible and how to draft them effectively • The two ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates • How to preserve residential and/or elderly property tax exemptions • A review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques, irrevocable trusts, and nominee realty trusts • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts • What are countable and non-countable assets Materials • Copies and Analysis of Recent Cases • Planning Opportunities • Sample Trust Documents • Sample Personal Care Contract • “Ask the Experts” Q&A Session CEU .4 |
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The Foundation for Continuing Education Medicaid Planning Update – 2019 DESCRIPTION: So you took your client through the Medicaid application process and received an approval but then nine months later you get a denial and removed from MassHealth. What do you do? Is this even permissible? How does the MAAS decision impact this? While Medicaid planning and obtaining MassHealth benefits is a continuing challenge, keeping such benefits may be just as hard. The statute and regulations seem clear but caseworkers continue to identify flaws in Medicaid plans and are always looking for new ways to deny benefits. Such challenges are not only limited to irrevocable trusts but have been expanded to last minute techniques such as the caretaker child exception, use of annuities, transfers to disabled children, and the sole benefit rule. Finally, nominee realty trusts are back in the cross hairs for MassHealth challenges. This program teaches you skills and techniques you need to help your clients properly prepare and plan for long-term care as well as explore some last minute techniques to obtain Medicaid eligibility. Let the experts explore recent case law, relevant regulatory updates, recent MassHealth challenges from irrevocable trusts to permissible transfer rules, and how best to defend against such challenges. Come and learn what you need to know to get your clients the benefits they need. Date: FRIDAY, May 31, 2019 Time: 9:00 AM – 1:00 PM Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760 Speaker Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C., Waltham Agenda • Explore MassHealth’s latest trick, denying benefits after being approved, and the application of the MAAS cure to this • How to draft an effective Irrevocable Medicaid Trust for a single person and for a married couple. What paragraphs to include and what to omit to survive MassHealth challenges • The difference between a look back period and a penalty period and permitted transfers • Review of annuity rules for married couples and single folks, what happens when healthy spouse dies prior to sick spouse, and MassHealth challenges to the designated beneficiary rules • Whether personal care contracts are permissible and how to draft them effectively • The two ways to create life estates, when to use them along with an income, gift and estate tax analysis associated with life estates • How to preserve residential and/or elderly property tax exemptions • A review of fair hearings and a look at how MassHealth is challenging Medicaid planning techniques, irrevocable trusts, and nominee realty trusts • An operational guide to IIOTs along with a gift income and estate tax analysis of these trusts • What are countable and non-countable assets Material • Copies and Analysis of Recent Cases • Planning Opportunities • Sample Trust Documents • Sample Personal Care Contract • “Ask the Experts” Q&A Session CEU .4 |
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The Foundation for Continuing Education Estate Planning – Intermediate/Advanced DESCRIPTION:
Date: TUESDAY, June 4, 2019 Time: 9:00 AM – 3:00 PM Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760 Speaker Leo J. Cushing, Esq., CPA, LLM, Cushing & Dolan, P.C., Waltham CEU .6 |
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Boston Tax Institute Current Estate Planning Techniques For The Medium And Large Estate DESCRIPTION: Many estate planners can find middle class estates to be challenging. The category often encompasses a broad and disparate range of individuals, including young families with children, younger individuals with emerging wealth, recent empty-nesters, and elderly individuals concerned about long term care. Each of these groups requires a different approach to estate planning. The Tax Cuts and Jobs Act of 2018 increased the federal exemption to $11,400,000 while maintaining portability and the step-up in basis rules drastically changing the estate planning landscape. Instead of removing assets from the estate, the focus shifts to estate inclusion to obtain a step-up in basis and with proper planning obtain a double step-up in basis, as well as opening up generation skipping tax planning opportunities. The Tax Cuts and Jobs Act has greatly expanded the moderate estate world and made understanding how to use a general powers of appointment and drafting the joint revocable trust more important than ever. How does all this planning impact the Massachusetts estate tax whose exemption remains at $1,000,000? Finally, the elderly are concerned about protecting assets from the nursing home but do not want to pay Massachusetts estate taxes as well. Come and learn how Medicaid irrevocable trusts can be drafted to include QTIP trusts and a by-pass trust that will reduce estate taxes while still protecting assets from the nursing home. Come and learn how to skillfully craft an estate plan tailored to your client’s individual situation, while utilizing the latest in tax minimization, step-up in basis, and asset protection strategies. You also get an in-depth look at how to add value and form a relationship with your clients that transcends the “one-off” nature of common approaches to middle class estate planning. You emerge with expert tools and a deep understanding of the key issues facing your clients. To attend please register with Lucian Gauthier at [email protected]Date: WEDNESDAY, June 5, 2019 Time: 1:30 PM – 5:00 PM Location: Hyatt House, Waltham, 54 Fourth Avenue, Waltham, MA, 02451 Speaker Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C., Waltham Agenda • Thinking Beyond The Basic Estate Plan: Why the Foundation Is Important and Why You Should Not Stop There • Estate Planning Strategies for Young Families and Individuals with Emerging Wealth • Tax Minimization Techniques: Planning for the Massachusetts Estate Tax, Working with Portability, and Utilizing the Generation-Skipping Transfer Tax Exemption • Understanding the joint revocable trust, general powers of appointment, and step-up in basis rules • Retirement Assets: How to Ensure Tax Efficiency and Asset Protection in the Estate Plan • Planning with Life Insurance and Long Term Care Asset Protection Planning • Working with the Elderly Client and Protecting Assets from the Cost of Long Term Care • Recent Updates in Asset Protection Planning for Massachusetts Trusts and Massachusetts Taxation of Out-of-State Property • Understanding how the QTIP trust and by-pass trust of an irrevocable Medicaid trust can be designed to protect assets and reduce estate taxes while generating a step-up in basis • “Ask the Experts” Q&A Session CPE Credits: 4 |
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Annual Golf and CPE Event The Shifting Sands of Estate Planning – All New! Avidia Bank is hosting a combined educational and golf day for CPA’s. Attorney Leo J. Cushing, CPA, LLM, founding partner of Cushing & Dolan, PC will be presenting valuable information in two seminar sessions entitled: Part I: RECENT DEVELOPMENTS IN ESTATE PLANNING, IT’S ALL ABOUT BASIS! Attorney Leo J. Cushing will discuss the estate, gift and generation skipping tax rules related to gifting versus estate tax inclusion. With the federal estate tax exemption currently at $11,400,000 per person, estate planning has shifted from wealth transfer to basis planning. In this program, we will discuss the estate, gift, and generation skipping tax rules related to gifting versus estate tax inclusion and suggest ways to obtain a double step-up in basis upon the death of the first spouse to die. We also will show how to obtain a second step-up upon the death of the surviving spouse, all of which will take into account the Massachusetts estate tax consequences and the possibility of the Massachusetts estate tax exemption increasing to $2,000,000 per person. Part II: IF NOT BASIS, IT’S ABOUT PROTECTING ASSETS FROM THE NURSING HOME Attorney Todd E. Lutsky will explain the benefits and pitfalls of using irrevocable income only trusts in Medicaid/MassHealth planning. Elder Law planning with irrevocable trusts has become more challenging as the Division of Medical Assistance adds legal staff. In this program, Attorney Todd E. Lutsky will explain the benefits and pitfalls of using irrevocable income only trusts in Medicaid/MassHealth planning. Todd will discuss the income, gift, estate, and basis considerations when using an irrevocable income only trust as well as the recent challenges made by the Division when an application involves an irrevocable trust and the five year lookback period. To confirm your attendance and enjoy the day as guests of Avidia Bank, please contact Andrea Blood by May 24, 2019 at 800-508-2265, ext. 3671 or [email protected] Date: THURSDAY, June 6, 2019 and THURSDAY, October 17, 2019 Location: Worcester Country Club, 2 Rice Street, Worcester, MA Registration: 8:00 AM – 9:00 AM Program: 9:00 AM – 12:00 PM (including a break) Social Time/Lunch: 12:00 PM – 1:00 PM Golf: 1:00 PM Light refreshments will follow. Speakers Leo J. Cushing, Esq., CPA, LLM, Cushing & Dolan, P.C., Waltham Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C., Waltham Credits: 3 |
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The Foundation for Continuing Education Estate Planning Essentials: Fed and Mass Issues (706 & M706) DESCRIPTION: The Tax Cuts and Jobs Act of 2018 has introduced a variety of new planning opportunities – it is all about the basis. Massachusetts however continues to limit its exemption to $1,000,000. In this program we will guide you through the proper preparation of federal and state estate tax returns as well as any necessary gift tax returns including a discussion of the pros and cons of the portability election and how it works, the QTIP election for the state, and even the potential benefits of a federal QTIP election. Using a hypothetical example we will guide you through schedule by schedule the preparation of a federal and Massachusetts estate tax return along with an explanation of the different estate planning techniques you may encounter when preparing these returns as well as whether they are included in the estate or not, such as revocable trusts, irrevocable life insurance trusts, first and second to die variety, Medicaid income only trusts, limited liability companies, and much more with special attention paid to a joint trust and the application of § 1014(e) to the trust and the possible double step-up in basis. So sharpen your pencil and come to this hypothetical-packed session ready to “do the math.” Date: TUESDAY, June 11, 2019 Time: 9:00 AM – 1:00 PM Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760 Speaker Todd E. Lutsky, Esq., LLM, Cushing & Dolan, P.C., Waltham Agenda • Filing Release of Liens, General Information, and Elections • Real Estate – Schedule A • Stocks and Bonds – Schedule B • Mortgages, Notes and Cash – Schedule C • Life Insurance – Schedule D • Joint Property – Schedule E • Other Miscellaneous Property – Schedule F • Lifetime Transfers – Schedule G • Powers of Appointment – Schedule H • Pensions and Annuities – Schedule I • Deductions: Admin. Expenses, Debts and Losses – Schedules J, K, L • Bequests to Surviving Spouse – Schedule M • Charitable Deductions – Schedule O • Generation Skipping Transfers – Schedule R • Credits for Taxes on Prior Transfers, etc. – Schedule P and G • Hypothetical Problem and Federal and State Computations in Detail • Questions and Answers CEU .4 |
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The Foundation for Continuing Education Income Taxation of Trusts & Estates “Including Preparing of Fiduciary Returns Issues” DESCRIPTION: Introduction with Estate Administration Procedural Checklist.
Date: THURSDAY, June 13, 2019 Time: 9:00 AM – 1:00 PM Location: Hampton Inn Natick, 319 Speen Street, Natick MA 01760 Speaker Leo J. Cushing, Esq., CPA, LLM, Cushing & Dolan, P.C., Waltham CEU .4 |
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Boston Tax Institute Estate Planning Essentials: Fed and Mass Issues (706, 709 & M706 Workshop) DESCRIPTION: The Tax Cuts and Jobs Act of 2018 has introduced a variety of new planning opportunities – it is all about the basis. Massachusetts however continues to limit its exemption to $1,000,000. In this program we will guide you through the proper preparation of federal and state estate tax returns as well as any necessary gift tax returns including a discussion of the pros and cons of the portability election and how it works, the QTIP election for the state, and even the potential benefits of a federal QTIP election. Using a hypothetical example we will guide you through schedule by schedule the preparation of a federal and Massachusetts estate tax return along with an explanation of the different estate planning techniques you may encounter when preparing these returns as well as whether they are included in the estate or not, such as revocable trusts, irrevocable life insurance trusts, first and second to die variety, Medicaid income only trusts, limited liability companies, and much more with special attention paid to a joint trust and the application of § 1014(e) to the trust and the possible double step-up in basis. So sharpen your pencil and come to this hypothetical-packed session ready to “do the math.” To attend please register with Lucian Gauthier at [email protected]Date: THURSDAY, June 20, 2019 Time: 9:00 AM – 5:00 PM Location: Hyatt House, Waltham, 54 Fourth Avenue, Waltham, MA, 02451 Speakers Todd E. Lutsky, Esq., LLM., Cushing & Dolan, P.C., Waltham Agenda • Filing Release of Liens, General Information, and Elections • Real Estate – Schedule A • Stocks and Bonds – Schedule B • Mortgages, Notes and Cash – Schedule C • Life Insurance – Schedule D • Joint Property – Schedule E • Other Miscellaneous Property – Schedule F • Lifetime Transfers – Schedule G • Powers of Appointment – Schedule H • Pensions and Annuities – Schedule I • Deductions: Admin. Expenses, Debts and Losses – Schedules J, K, L • Bequests to Surviving Spouse – Schedule M • Charitable Deductions – Schedule O • Generation Skipping Transfers – Schedule R • Credits for Taxes on Prior Transfers, etc. – Schedule P and G • Hypothetical Problem and Federal and State Computations in Detail • Questions and Answers CPE Credits: 8 |
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Massachusetts Association of Accountants Estate & Gift Tax Planning DEMYSTIFYING AND PLANNING WITH TRUSTS DESCRIPTION: • Revocable v. Irrevocable Trusts; • Irrevocable Gifting Trusts v. Irrevocable Medicaid Trusts; • Generation Skipping Trusts v. Domestic Asset Protection Trusts; • Simple Trusts, Complex Trusts, and Grantor Trusts; • General Power of Appointment Trusts v. Qualified Personal Residence Trusts (QPRTs); • Qualified Subchapter S Trusts (QSSTs) v. Electing Small Business Trusts (ESBTs); and • Grantor Retained Annuity Trusts (GRATs) v. Qualified Personal Residence Trusts v. an Irrevocable Home Security Trust. If it all seems a bit confusing, come to this seminar to understand the differences between these trusts, including a discussion of the estate, gift, generation skipping and basis step-up benefits and burdens of each trust. Speaker Leo J. Cushing, Esq., CPA, LLM, Cushing & Dolan, P.C., Waltham Date: TUESDAY, June 25, 2019 Time: 8:30 AM – 4:30 PM Location: The John Carver Inn & Spa 25 Summer Street Plymouth, MA 02360 CPE Credits: 8 credits, 0 ethics credits |
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Second Annual CLE by the Sea: NE Strategic Solutions for Solos and Small Law Firms Greater Newburyport Bar Association in partnership with: Massachusetts Bar Association; Massachusetts Academy of Trial Attorneys; Massachusetts Women’s Bar Association; New Hampshire Bar Association; Maine State Bar Association; and LOMAP Date: THURSDAY, July 18, 2019 Time: 8:00 AM -5:35 PM Location: Blue Ocean Event Center, 4 Ocean Front, North Salisbury, MA Speakers Conrad Saam, President, Mockingbird David Notowitz, National Center for Audio & Video Forensics, Beverly Hills, CA Donald G. Tye, Esq., Prince Lobel Tye LLP, Boston Maureen Pomeroy, Mass. & Beth C. Richardson, Esq. Attorney Engagement, Volunteer Lawyers Project, Main Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, P.C., Waltham Robert J. Ambrogi, Esq. Stuart Horowitz, Esq., Rebecca Jacobstein, Esq., and Maura Tansley, Esq. Moderator, Attorney Christine DeBernardis, MA and NH Hon. Frances M. Giordano, Probate & Family Court, Salem, MA Hon. Daniel Driscoll, ME and Hon. John T. Pendleton, NH Todd C. Scott, V.P. Risk Management, Minnesota Lawyers Mutual Insurance Co., MN Rachel Casper, LCL/LOMAP & Damian Turco, TurcoLegal Marc Bello, CPA/ABV, CVA, MAFF, MST, Edelsteincpa Donald Pitman, Esq., Pitman Law Offices, Newburyport Jared D. Correia, Esq. CEO | Red Cave Law Firm Consulting and COO | Gideon Software, Inc. Kelly Clifford, Director of LEAP New England SCHEDULE/AGENDA edits with the opportunity to earn 1.0 Harassment & Discriminatory Conduct Credit and 8:00-9:00 CONTINENTAL BREAKFAST/REGISTRATION 9:00-10:00 YOU’RE DOING IT ALL WRONG * Conrad Saam, President, Mockingbird Lawyers frequently work really hard…. on the wrong things. During this session we reveal many ways in which lawyers waste time and money chasing the latest technical shiny object while ignoring tried and true (and frequently cheap) marketing tactics. This session is focused on the DIYer or the lawyer responsible for actively managing a law firm’s growth. Sponsored by Mockingbird 10:00-11:00 CONCURRENT SESSIONS SESSION A: Successfully Recover, Analyze, and Prepare Audio, Video & Digital Evidence David Notowitz, National Center for Audio & Video Forensics, Beverly Hills, CA • 13 tips to prevent crucial mistakes with audio, video, and digital evidence • Issues regarding admissibility of audio and video evidence in court • Newest options for breaking cellphone passwords and recovering erased hard drive and photo file • Preparing audio and video exhibits for clarity and best results • Challenges of properly presenting digital evidence at trial SESSION B: Custody Evaluation Donald G. Tye, Esq., Prince Lobel Tye LLP, Boston • How the parent’s counsel should prepare the client for the custodial visit/evaluation • How to develop direct and cross examination of the Guardian Ad Litem 11:00-11:20 NETWORKING BREAK 11:20-12:20 CONCURRENT SESSIONS SESSION C: How to Avoid Implicit Bias and Discriminatory Conduct and Communication with Clients and Employees; and a Brief Overview of the Massachusetts Paid Family Medical Leave Act Maureen Pomeroy, Mass. & Beth C. Richardson, Esq. Attorney Engagement, Volunteer Lawyers Project, Main SESSION D: Drafting the Most Effective Medicaid Trust Todd E. Lutsky, Esq., LL.M., Cushing & Dolan, Waltham Exploring the most recent and frequently used arguments by the state these arguments. 12:20-1:20 LUNCH 1:20-2:20 THE LATEST IN LEGAL TECH: WHAT REALLY MATTERS TO YOUR PRACTICE Robert J. Ambrogi, Esq. Writes the award-winning blog LawSites, is a columnist for Above the Law, and hosts the podcast about innovation in law, LawNex Artificial intelligence.Blockchain.Analytics.Bots. Never before has there been such an abundance of technology for lawyers, and never before has legal technology promised so much. But what technology really matters to law firms? How does a lawyer separate substance from hype? This program will survey the latest leading-edge technologies in law practice, discuss their practical applications today and into the future, and look at the advantages or dangers they pose for your practice and your clients. 2:20-3:20 CONCURRENT SESSIONS SESSION E: New Developments in OUI Marijuana Stuart Horowitz, Esq., Rebecca Jacobstein, Esq., and Maura Tansley, Esq. SESSION F: Which State Has Jurisdiction under the UCCJA? Moderator, Attorney Christine DeBernardis, MA and NH Hon. Frances M. Giordano, Probate & Family Court, Salem, MA Hon. Daniel Driscoll, ME and Hon. John T. Pendleton, NH 3:20-3:40 NETWORKING BREAK 3:40-4:40 SESSION G: Dirty Tricks: Understanding Spying, Hacking & Stealing Data in Legal Matters Todd C. Scott, V.P. Risk Management, Minnesota Lawyers Mutual Insurance Co., MN Is it illegal for your client to hack into a spouse’s email account? Did you know that an iPhone can be turned into a listening device with a small piece of software? What should lawyers know about computer security, backups and, metadata to protect their clients? More and more, desperate clients are resorting to desperate techno-tricks to gain an advantage in a legal matter, but often lawyers don’t know what to do when confronted with the fact their client may have hacked into private data. Find out about the methods clients are using to “get a leg up” in their legal matter and what lawyers need to know about illegal spying and hacking. Sponsored by Minnesota Lawyers Mutual Insurance Co. SESSION H: Branding for Lawyers: Developing Business and a Career as Yourself * Rachel Casper, LCL/LOMAP & Damian Turco, TurcoLegal Your brand is a shallow description for the deepest reflections all lawyers need to-but usually, do not-focus on. Trust makes business development for lawyers easier and creating deeply consistent impressions cultivates trust more quickly. As a solo or small firm lawyer, your brand needs to align with your value as a lawyer and your values as a human – or you’re not on a sustainable path for business development or career development. We’ll take a fast-paced run through practical activities that will help you clarify your Strengths + Values alongside your Obstacles + Opportunities. From there, we’ll zoom in on crafting your words, stories, and the variety of visuals at the intersection of your intent and your impact. Then we’ll round out with tips on how to practice shifting your perspective regularly to improve the messages you’re literally always sending about how you help meet your clients’ evolving needs. 4:40-5:40 SESSION I: Understanding Essential Documents Related to Business Valuation and Financial Damages and Crossing State Lines in Discovery Requests Marc Bello, CPA/ABV, CVA, MAFF, MST, Edelsteincpa Donald Pitman, Esq., Pitman Law Offices, Newburyport Sponsored by Edelsteincpa.com SESSION J: “Straight Cash, Honey: How to Make More Money in Your Law Practice Than You Ever Have Before” * Jared D. Correia, Esq. CEO | Red Cave Law Firm Consulting and COO | Gideon Software, Inc. Kelly Clifford, Director of LEAP New England A lifestyle practice is nice; but, let’s be real: You’re running a law firm to make money. Otherwise, it’s a hobby. Even so, a lot of lawyers manage their business without a clear idea of what their budget is or what their revenue model looks like, and don’t even really know what they can expect to make next month. Half the battle of making more money is thinking about making more money. And, in this session, we’ll help you to get your head on straight, when it comes to generating more revenue from your law practice. We’ll discuss: • Slashing your costs, to create the lowest possible overhead number for your law firm • Becoming as efficient as possible, so you can maximize dollars spent and increase revenue • How to spot revenue-related trends, make revenue projections, and set goals • Making it easy for clients to pay you, and how to better match consumers expectations • Utilizing modern payment options to streamline your processes and reduce accounts receivable Sponsored by Red Cave Law Firm Consulting and LEAP New England 5:45-6:30 RECEPTION We thank our Conference Sponsors! Mockingbird • Minnesota Lawyers Mutual Insurance Co. • Edelsteincpa Avenue Be Coaching • ILoveMondayMornings • Red Cave Law Firm Consulting LawPay • LEAP New England • MA Lawyers Weekly CLE Credits: Maine: 7.0 CLE Credits with the opportunity to earn 1.0 Harassment & Discriminatory Conduct Credit and 1.0 Ethics Credit. New Hampshire: Up to 360 minutes of NHMCLE credits expected to be presented. NOT ALL TOPICS qualify under the NH Supreme Court Rule 53, see asterisks. TS/WWW.ONLINEREGISTRATIONCENTER.COM/SEA |
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