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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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5.0/5.0Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience ma...
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After researching online, hiring Attorney Colleen Santora was the wisest decision I made. She represented me in my personal injury auto accident case. I sustained lingering post-concussive injuries and pain. Throughout a four year process, Colleen...
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Feinberg & Alban did a stellar job representing me at a time when my accident and a busy life didn't leave me any capacity to deal with the logistics of a lawsuit. From across the country, the firm (Ms. Colleen Santora, in particular) handled every a...
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I was in a car accident recently that put me in the hospital and having Perry Feinberg from Feinberg & Alban was the best decision I ever made, with having so many choices for representation in these situations. The level of professionalism was incre...
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I can't say enough about this law firm, and its commitment to its clients. Robert & Colleen took a personal interest in my case, which took several unexpected and frankly wild twists and turns along a very long road. They stuck with it, with me, even...
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