By Robert I. Feinberg | Published January 28, 2013 | | |
Many people are unaware that in a wrongful death action in Massachusetts, which is brought under Massachusetts General Laws, c. 229 s. 2, the proceeds are meant to be distributed to the statutory beneficiaries and pass outside of the estate. It must be noted that M.G.L. c. 229, sec. 2 references the classes of statutory Read MoreRead More
Though they seem similar, there are clear and definitive differences between Rule 803(1) Present Sense Impressions and Rule 803(2) Excited Utterances. If applied correctly, each rule provides an exception to the the rule against hearsay. The former is used in court in the trial of a personal injury case far more than the latter. The Read MoreRead More
In my last blog, I wrote of the rule pertaining to admissions of party opponents, 801(d)(2) of the Federal Rules of Evidence and the Massachusetts Guide to Evidence. Let’s contrast that to Rule 804(b)(3)’s declarations against interests exception. The most fundamental difference between these two exceptions is that in the first exception the declarant must Read MoreRead More
Loyalty to a client is an essential element of the attorney-client relationship. This relationship binds them through ‘thick and thin’ and against all other persons with conflicting interests. Supreme Judicial Court Rule 3:07 and the Model Rules of Professional Responsibility Rule 1.7 state that an attorney cannot continue to represent two or more clients at Read MoreRead More
The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.
Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.