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Legal Blog

I had my first harassment hearing in Juvenile Court.  This is a new statute passed by the MA legislature with very little case law.   Some consider it very similar to the 209A( restraining order) but without the need to have a particular relationship.  The plaintiff does need to show three or more acts that are willful and malicious.  There are uncertainties with rules of evidence, standard of proof and how far back can the three acts be.  The statute is civil in nature but a violation will be considered a criminal violation.  There are a lot on uncertainties that need to be addressed.

There are several areas that you should look for when hiring an attorney.  Here are 4 areas to focus on.

 1. Control-make sure you know who is calling the shots.  The attorney should make sure to discuss your role as the client versus the lawyers and that you are the one ultimately in control.

2.  Cost-  You should discuss the cost up front and make sure to have a fee agreement in writing.  This includes checking to see if the initial meeting is free or not.


My law practice has been very busy the last few weeks.  In criminal courts, some highlights include a very serious felony charge that was dismissed based on my motion and arguments and legal memo on lack of speedy trial, I also had an A&B case dismissed, had a juvenile case with diversion prior to arraignment, had a dismissal on a old Ope. after suspension prior to arraignment , had discovery motions allowed on a 5th offense OUI with a hope to go back for new trial on some of the underling cases along with other cases.

In Juvenile Court, I am in the middle of so far a 6 day trial representing a prior foster care family seeking a contested adoption with DCF.  There have been several experts in the case.  On expert said if that person was ever in trouble I would be the lawyer hired.  I have had two C&P's dismissed and had one other termination of parental rights trial.

In Probate Court, I have had temporary motions on several cases involving custody and support.  In addition, I have had pretrial dealing with middle class estates and cases involving well over two million dollars.  I have also filed contempt and modifications.  Further, I have been appointed as a GAL on one case involving child custody and one involving a conservatorship of an elderly women.  I have also worked one several meditations and several uncontested divorces( two went through).


Each week it seems like Homer has some plan to make money but ends up losing lots of money. It appears that the Simpsons would have a lot of debt with a moderate income. The families expenses would appear to be higher than the income. If the family qualifies, the family should file a chapter 7 that would allow the family to keep the home, keep retirement accounts and some other assets. Homer and Marge would no longer get harassing phone calls and letters. Their credit cards and other unsecured debt would be discharged. Bankruptcy is not a cartooinish process. It is for the honest but unfortunate debtor. The economy today has few safety nets and more and more people decide that bankruptcy is the only way to protect some assets and get a fresh start.

Tagged in: Bankruptcy , Advice

My PMC Ride and how to use to donate and help with your legal fees.

 What in in for you.  From now into September 1,2010 if you contribute up to 100 dollars, I will reduce your bill by the same half that amount.  So if you notify me and contribute $100 , I will take $50 off your next bill to a maximum of $100.  In addition, if you are a first time client, I offer a free thirty minute consultation but if you contribute $40 I will provide an additional half an hour ( normally charged at $80 an hour).

 I have Hodgkinks and have been in remission for over 7 years.  Last year was the first year that I rode the PMC ride and this year I am riding the two day 192 mile bike ride to raise money for cancer research at Dana Farber.  I felt very lucky to have survived cancer and appreciate the support I had.  This is my first year with the legal fees being cut.  Last year, I was blown away by people' s donations raising $11,073.  To contribute, you can go to my profile on pmc.org or leave a check made out to PMC with my number 57881. You can also find my story there.  Please let me know so that I can reduce your fees.  Any questions, please feel free to call me.   Thank you.


This is a guideline to work with a DCF worker:

 1.  Be polite- offer a water, seat etc.  This is obvious but can make a big difference.

 2.  Do not be hostile-  you can disagree with their conclusions and even attitude but realize they are going to be reporting back to their supervisors and court


Tagged in: DSS , DCF , Advice
I represent client's in divorce cases as an attorney and even though my rates are on the moderate and affordable level- relatively speaking, it is still too expensive for many people.  You can cut the costs of the divorce down by 75-95% depending on the situation.  Most meditations from start to finish are under $1000.  It saves couples who are going through one of the worst financial times of their lives a way to end the marriage in not only a reasonably priced but dignified and peaceful manner.  I do not charge a retainer as a mediator and you can stop at any point.

Custody is complicated and is always based on a child's best interest.  There are no easy answers and each case is unique.  However, as a Bristol Child custody lawyer, mediator and GAL, I will try and provide some basic ideas that can help:

1.  Employment- do not quit your job.  However, figure out the best ways that your  current or future job may fit around your child's routine. 

2.  Try and stay in the same school district. In general the courts want to provide as much stability for child as possible and changing schools is a factor that may not be in child's best interest


There are lots of ways to deal with school systems.  Protecting and advocating for your child can be complicated and is emotional.  It is recommended that you hire a Taunton educational advocate  lawyer  such as myself but I realize that the cost may be prohibitive for many.  I will provide a few pointers that can help parents a great deal:

1.  Organize-make sure that you have complete records including everything from the school and other records as may be applicable whether this includes medical, clinical, DCF, court, police and so forth as applicable.

2.  Be able to present what the issues or problems are in an easy and organized fashion with as much specifics as possible.


Tagged in: MA school system , Bristol , Advice

There is a lot of information you need for filing bankruptcy.  There are some information that would be helpful to bring as we go along  but here are ten major pieces of information to bring.

1.  Social security card

2.  Photo Id-licese, passport etc.


Tagged in: Filing Bankruptcy , Advice
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