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The nostalgia pull is so strong that in almost every realm people look back and feel times were better. I can get nostalgic as much as anyone but a serious look at the way civil cases were practiced is not one which deserves great nostalgia. Many practitioners will say that attorneys were nicer to one another. That may be but the camouflage that surrounded the way cases were developed often led to unfair and surprising results.
Let me speak to Massachusetts. Keep in mind that there were no time standards until 1988, which meant that your case could linger, far more than it would under today’s fairly aggressive standards. There were no depositions until 1966. There were no Rules of Civil Procedure until 1974. Provisions regarding out-of-court audio/visual testimony from experts to be used in court did not come into effect until 1981. Prior to that, obtaining testimony from experts was pretty onerous given their frequent unavailability. The hearsay rule was not amended to allow medical reports to come into evidence until 1988. Finally, only in the last two years do we have an official guide to Massachusetts evidence. Previously, in 1982, the Supreme Judicial Court rejected a proposed codification of evidence law despite the Federal Courts’ having a codification in 1975 as did many states.
The upshot of all this is that a case lingered and lingered and often would be tried with much less known by the party with the burden of proof: the plaintiff. Accordingly, I’m not sure that I would want to turn the clock back a few decades in my personal injury practice.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen and Robert were very responsive during a long process, always ready to answer our questions. They exhibited that much-needed combination of listening to us as clients and guiding us with their expertise, through all the delays and obstacles e...
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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