Boston University School of Law

Lewis L. Whitman

Education

Babson Institute (now Babson College)
B.S., 1956
Major: Finance.

Boston University School of Law
LL.B., cum laude, 1959
Case Editor, Boston University Law Review; upon graduation awarded the Melville M. Bigelow Scholarship Award “for promise as a teacher of the law.”

Harvard Law School
LL.M., 1960
Ford Foundation Fellowship.

Attended Boston University Law School Graduate Tax Program 1960-1961.

Attended programs of the National College of the State Judiciary in Reno, Nevada and San Diego, California.

Professional

Admitted to the Massachusetts Bar, September 1959.

Admitted to the Bar of the United States District Court for the District of Massachusetts 1961.

Associated with Paul M. Siskind, Esquire and the firm of Siskind & Siskind from 1959 to 1964.

From 1964 to 1979 engaged in the general practice of law in Boston. dealing principally with business related counseling, negotiation and drafting, estate planning and real estate conveyancing.

From 1973 to 1979 Special Justice, District Court of East Norfolk

From 1979 to 1992 Justice of the Trial Court of Massachusetts

1993 to present engaged in the private practice of law and as Adjunct Professor of Law, Boston University School of Law.

Civic

Served as President of Jewish Family and Children's Service and continue to serve on its board.

Served as President of Temple Beth Abraham, Canton.

Served as a member of the Personnel Board for the town of Canton for three years and as chairman for one year

Served as a Director of Canton Scholar Dollar Foundation.

Served on a number of committees of the Boston and Massachusetts Bar Associations dealing with the organization of their continuing legal education programs and other matters.

Served as a member of the Professional Advisory Committee, Department of Social Services, Commonwealth of Massachusetts.

Trustee, Combined Jewish Philanthropies of Greater Boston.

Trustee, Hebrew College, Brookline, Massachusetts.

Member, committee that drafted the Massachusetts Policy for Law Enforcement Response to Domestic Violence.

Member, Governor's Domestic Violence Policy Commission.

Co-chair. Massachusetts Domestic Violence Roundtable.

Judicial

In March of 1973 I was appointed Special Justice of the District Court of East Norfolk (also known as the Quincy District Court) which serves the city of Quincy and the towns of Braintree, Weymouth, Milton, Randolph, Cohasset, and Holbrook, a population in excess of 250,000. I elected to assume full time judicial status effective July 1, 1979. From October 1980 until June 1981 I served in the Massachusetts Superior Court assigned to Suffolk, Middlesex and Norfolk Counties hearing criminal and civil jury and jury-waived cases. I sat in virtually every district court in Norfolk, Bristol, Plymouth and Barnstable counties and have served as a Probate and Family Court Judge as result of inter-departmental assignments. From 1981 until I retired I was the judge principally responsible of the administration of the civil business in the Quincy District Court, with a total of approximately 3,000 entries annually. Together with the Massachusetts Chapter of the American College of trial Lawyers we have used experience trial lawyers as mediators in a very successful alternate dispute resolution program which has since been expended to the Superior Court and is being proposed as a model to be replicated nationally.

The Quincy District Court domestic violence program has received favorable national attention and is one of three courts nationally to participate in the Family Violence Project of the National Council of Juvenile and Family Court Judges, funded by the United States Justice Department. The “Quincy Model” has been proposed for replication throughout the Commonwealth and nationally.

Serve as a member of the District Court committees on Sentencing, Judicial Education, and Care and Protection Standards of Judicial Practice.

Other teaching and related experience

  • Lecturer in Business Law in the graduate program (M.B.A.) at Babson College, 1965-66 and 1971.
  • Lecturer, Flashner Judicial Institute program for new judges 1985, 1990 and 1992.
  • Lecturer, Massachusetts Continuing Legal Education-New England Law Institute (MCLE-NELI).
  • Faculty member, Massachusetts Trial Court Judicial Institute.
  • Participated as lecturer, moderator or panelist in numerous judicial and social service programs among them:
  • Discussant, Symposium on Law and Medicine, Boston University Medical School, February 20, 1975
  • Panel member, Franklin N. Flaschner Judicial Institute Courts and Community, Harvard Law School, May 14, 1980
  • Lecturer, District Court Conference, June 4 and June 11, 1980 analyzing sentencing problems answered by virtually all of the district court judges in the Commonwealth
  • For many years I have served as a participant in the Harvard Law School Trial Advocacy Program and the Ames Alternative Program acting as judge and giving critiques of student performance
  • Lecturer to the Plymouth Bar Association on the subject of The Representation of Parties in Care and Protection Cases, April 16, 1981
  • Chaired workshop on New Developments in Government Social Service Policies at the National Conference of the Association of Jewish Family and Children's Agencies at Newport Beach, California, May 1-3, 1981
  • Participant in the M.C.L.E. - N.E.L.I. Trial Advocacy Program at Harvard Law School, August 1981 as a judge and as an evaluator
  • Judge-teacher, Criminal Indigent Defender Training Program developed by M.C.L.E. - N.E.L.I. under contract with the Supreme Judicial Court for the Boston Municipal Court, September 27, 1981
  • Panel member, M.C.L.E- N.E.L.I. program Families in Conflict, June 4, 1982
  • Participant, Department of Social Services Institute of Social Work and Law, Lenox, Massachusetts, May 10-12, 1983
  • Lecture biannually on Alcohol and the Law as the opening lecturer in an eleven week series dealing with alcoholism presented by Beech Hill Hospital and Quincy Junior College for academic credit and for continuing education units for certified alcohol counselors;
  • Participated in many of the working luncheons dealing with domestic violence presented by the Center for Health Communications, the Harvard School of Public Health; lecturer on care and protection issues, Flaschner Institute Program for New Judges, October 3, 1985, June 21, 1990 and December 2, 1992
  • Panelist and lecturer, conference on Housing Standards, Inspection and Enforcement sponsored by the Executive Office of Communities and Development and the Department of Public Health, June, 1986
  • Lecturer, Harvard Medical School/Mass. General Hospital, The Physician as an Expert Witness, August 7, 1986
  • Participated in the Domestic Violence Project Conference sponsored by the National Council of Juvenile and Family Court Judges at Santa Fe, New Mexico, March 23-26, 1987
  • Participated in a conference sponsored by the National College of Juvenile and Family Court Judges, Current Issues in Family Law in San Diego, California, February 19-24, 1988
  • Criminal Justice Training Council Working Group for Law Enforcement Response to Domestic Violence 1990-1991
  • Boston Bar Association Seminar on Practical Approaches to Problems Encountered in the Determination of Paternity and Related Issues, A View From The Bench, June 1, 1989
  • Lecturer, Role and Responsibility of Counsel Representing Children in State Intervention Cases, Family Law Advocacy Training Project, June 5, 1989
  • Speaker, Domestic Violence Conference, convened by the district attorney for Bristol County, Westport, Massachusetts October 25, 1989
  • Faculty member, Flaschner Judicial Institute, Judicial Writing and Editing, a one day program to train trial judges to organize and write findings of fact clearly and thoroughly, October 27, 1989
  • Participated in meeting dealing with the Impact of Substance Abuse on Child Welfare convened by Assistant Secretary Mary Sheila Gall, U. S. Department of Health and Human Services, November 2, 1990
  • Participated in a symposium, Addressing Crimes Against Children , November 14, 1990
  • Faculty member, Judicial Institute, Massachusetts Trial Court
  • Presenter, Practice and Procedure in Care and Protection Cases to judges in the District Court, Boston Municipal Court and Probate Court Departments, February 26-27, 1991 and April 30, May 1 and 2, 1991
  • Lecturer, How to Try Domestic Violence Cases, Boston, Nov. 5, 1991, Taunton November 12, 1991
  • Presenter, Domestic Violence: Representing the Battered Client, Boston Bar Foundation, October 8, 1992

Publications

Annotated Articles 3, 5 and 8 of the Uniform Commercial Code for the State of New Hampshire

An Overview a section of Families in Conflict: A Litigator's Guide Through the Thicket (MCLE-NELI, Inc.1982)

Domestic Abuse chapter, Massachusetts Family Law Manual, Massachusetts Continuing Education, Inc. (1986) and 1988 and 1992 revisions ,1994 Revised Edition and 1996 revision

Pre-Trial Procedure Part of Summary of Massachusetts Law Massachusetts Practice Series, West Publishing, the chapters written by me deal with law and procedure prior to trial and cover jurisdiction and venue through and including discovery (the scope of these chapters include Rule 1 through Rule 37 of The Rules of Civil Procedure)

Selected Reported Cases

Among the reported cases in which I served as trial counsel, appellate counsel or as a trial judge are the following:

  • Kirschenbauer vs. Ludovico, 352 Mass. 784, 227 N.E. 2d 507 (1967), dealing with ownership of joint bank accounts; Butler vs. Haley Greystone Corp., 352 Mass. 252, 224 N.E. 2d 683 (1967) easement and land use
  • Albre Marble & Tile Co. vs. Goverman, 253 Mass.394, 223 N. E. 2d 533 (1968), school construction contract, sub contractor versus general
  • Boorstein vs. Mass. Port Authority, 370 Mass. 13, 345 N.E. 2d 668 (1976), easement-land use
  • Closure Co. vs. Festa, 14 Mass. App. Ct. 921, 436 N.E. 2d 977 (1982), construction contract
  • Shore vs.Shore, 385 Mass. 529, 432 N.E. 2d 526 (1982), personal injury- intra-family
  • Heddendorf vs. Commonwealth, 13 Mass. App. Ct. 584, 435 N.E. 2d 660 (1982), land taking
  • Schrottman vs. Barnicle, 386 Mass. 267, 437 N.E. 2d 205 (1982), defamation
  • Sharon vs. Division of Employment Security, 390 Mass. 376,455 N.E. 2d 1214 (1983), employment security claim
  • Manuel F. Spencer & Son, Inc. vs. Commonwealth, 16 Mass. App, Ct. 290, 450 N.E. 2d 1105 (1983), road construction-dispute between general, sub contractor and Commonwealth
  • Custody of Two Minors, 19 Mass.App, Ct. 552, 476 N.E. 2d 235 (1985), child protective case
  • Bender vs.Automobile Specialties, Inc., 407 Mass. 31, 551 N.E. 2d (1990) summary judgment
  • Commonwealth v. Forkin, 413 Mass. 1001, 595 N.E.2d 759(1992)
  • Commonwealth v. Ford, 413 Mass. 46, 595 N.E.2d 760 (1992)
  • The Forkin and Ford cases are related criminal cases dealing with sentencing