Under what circumstances should I retain an attorney?
Generally speaking, if you are charged with a crime, or you have been named as a party to a civil lawsuit (i.e., auto accident, divorce, collection of a debt), you should retain an experienced attorney.

Which lawyer do I retain?
Above all else, you must feel comfortable with any professional you hire. Determine whether he or she will work on your case personally or have another member of the law firm handle all or part of it. Ask yourself: "Is that lawyer someone who speaks plainly about the law? Is that lawyer knowledgeable and experienced in the area of law involved? Does the lawyer's fee seem reasonable and justified?"

How do lawyers charge?
Ethically, a lawyer in this Commonwealth, may not charge an excessive fee. He must consider several factors in determining the appropriate fee including the difficulty of the case and the time and labor required. Most fees are either flat (fixed) based on time spent or are contingent in nature. A flat fee is fixed and paid (usually up-front) for a routine legal matter. An hourly fee is billed bi-weekly or monthly at an agreed-upon hourly rate and is usually accompanied by a retainer. A retainer is the minimum amount you may expect to pay for the services rendered and hourly fees are usually set-off against a retainer. A contingent fee is conditioned or contingent on the collection of a recovery on your behalf. In all fee arrangements, the client is responsible for costs (i.e., filing fees, etc.).

What is an auto accident claim?
An auto accident claim falls under the umbrella of personal injury law or tort law. This body of law protects a victim from the negligence, recklessness, malpractice and/or inaction of others (where there is a duty to act). In an auto accident claim, you may recover damages for medical bills, lost wages (including overtime), decreased earning capacity; pain and suffering, physical disability and disfigurement.

What are Personal Injury Protection ("PIP") benefits?
PIP Benefits are benefits afforded by law for all insured Massachusetts drivers. In general, you are entitled to a total of $8,000.00 in such benefits to be utilized for lost wages (75%), medical expenses and home replacement services. If you have a health insurance plan or are on Mass. Heath, in most cases, only the first $2,000.00 is payable under PIP benefits, and the balance is payable by your health insurer. If you have significant lost wages, the allocation of PIP dollars becomes more challenging and you should consult an expert personal injury attorney on this issue. More often than not, the payment of medical bills by your health insurer will result in a lien which will have to be addressed prior to your settlement.

What is a personal injury claim and what financial compensation may I obtain?
A personal injury claim is any physical or mental injury to a person as a result of someone's negligence or harmful act. The financial compensation you may obtain is for damages due to pain and suffering lost wages or loss of earning capacity, medical expenses and loss of a child or spouse's companionship love and/or affection. Personal injuries can occur in a variety of ways and I am experienced in handling the following types:

If you have been seriously injured you should consult an attorney. You have essentially once chance to obtain the compensation you are entitled to and you need to protect that right in the event of unforeseen permanent injury caused by negligence.

What is negligence and how is it proved?
In short, negligence is the commission of a civil wrong accompanied by injury or harm. Negligence is any conduct that falls below the reasonable standards of care established by the law for the protection against the unreasonable risk of harm. To prove negligence, a lawyer must establish fault causing harm by a preponderance of the evidence (i.e., the greater weight of the evidence). The burden of proof in a civil case such as personal injury is lower than the burden in a criminal case which requires guilt beyond a reasonable doubt.

Do most cases settle or go to trial?
The great majority of cases settle before trial. Many cases are resolved by alternative dispute resolution methods such as mediation or binding arbitration. Although lawyers can't guarantee a case will settle, an experienced lawyer is more likely to achieve settlement and maximize your recovery.

What is the law in Massachusetts?
Our Commonwealth is a hybrid one in that the grounds for divorce can be based on both "fault" and "no fault" grounds. There are seven (7) statutory fault grounds in Massachusetts which include adultery, cruel and abusive behavior and confirmed habits of intoxication. A "no-fault" divorce is generally based on an irretrievable breakdown of the marriage which continues to exist up to the time of trial. In either type of divorce, there would be a property division, child custody, visitation and support issues and possibly alimony depending on the length of the marriage, among other factors. Property division in Massachusetts is subject to the statutory factors contained in G.L. 208, Sec. 34 which are applied by the judge to accomplish an equitable distribution. They include: conduct of the parties, contribution to the acquisition, appreciation of the assets, age and health of the parties, among others. During the divorce there is an automatic restraining order against either party from transferring, selling and/or encumbering a marital asset except in limited circumstances (i.e., attorney's fees). Please consult legal resources for further information.

How Do I Prepare for a Divorce?
The best way to prepare for a divorce is to protect yourself, your children and your finances in that order. If you are in danger or are the victim of abuse, you will need a restraining order and should act immediately by calling the police and an attorney. In general, know what comprises the assets of your marriage and begin to collect recent statements (bank and credit card), tax returns and legal documents (i.e., real estate deeds). You should close or freeze any joint accounts, including credit lines and revolving credit cards so as not to be responsible for any new debt incurred by your spouse. Lastly, take care of yourself. If you need medical or emotional help, get it. Begin talking to your friends to build a support system and talk to your children truthfully re-assuring them of the love they will continue to receive from both parents.

What can I expect to pay and how can I reduce the expense of a divorce?
An uncontested divorce (i.e., no-fault) may cost between $1,500.000-$3,500.00 depending on the state and the level of experience of the attorney, excluding the filing fee. A contested divorce (i.e, on fault grounds) may cost more but the fee is very much a factor of the parties' abilities to communicate and work out basic issues (i.e., visitation with the children). The best way to reduce the expense of a divorce is to keep a good line of communication open with your spouse and to put the best interest of your children ahead of everything else. That way, the lawyers won't have to deal with basic child-related issues best resolved by the parents.

What is the consumer protection statute?
The Massachusetts Consumer Protection Statute (G.L. c. 93A) provides some of the best protection laws in the country for consumers. Put simply, it mandates that businessmen treat consumers honestly and fairly in commercial dealings. The law allows you to sue for up to three (3) times your actual damages if the business with whom you have a dispute is not willing to offer you a reasonable settlement after you've sent a written demand. For more information on how to phrase such a letter, please consult the Massachusetts Bar Association link in legal resources.

What is the "Lemon Law"?
The Massachusetts "Lemon Law" statutes apply to new (G.L. c. 90, Sec. 7N1/2) and used vehicles (G.L.c. 90, Sec. 7N). The new car Lemon Law applies to any new car which was purchased or leased from a new car dealer for personal or household purposes which has a defect which substantially impairs the use, safety or market value of the vehicle. If it applies, you may be entitled to a refund or replacement vehicle under the law. The law allows a dealer a reasonable number of repair attempts to fix a substantial defect during one (1) year or 15,000 miles. It is not reasonable for a dealer to attempt to repair a substantial defect more than three (3) times during the protection period or for a vehicle to be out of service for repairs for a total of fifteen (15) business days, not necessarily all at the same time or all for the same defect during the term of protection. If you've met one of these standards, and the defect continues to exist, you must offer the manufacturer one final reasonable repair opportunity. If the manufacturer fails to repair the defect, after written notice given by you, you may be entitled to a repair or replacement vehicle. Please consult the Massachusetts Bar Association link in my legal resources. The Lemon Law for used cars is more complicated but it applies to both dealers and private sellers (sells less than four (4) cars annually), provided it was purchased for personal or family use. The used car must be free of use or safety defects (unless fully disclosed), within thirty (30) days of sale. Generally speaking, a used vehicle must pass a safety inspection within seven (7) days of the date of sale or the seller in many cases will be responsible to fix or repair the vehicle for you.

How Can I Protect Myself Against Consumer Fraud or Deception?
In general, by paying attention to your rights as a consumer. Check out automobile dealers on the Better Business Bureau website. There are a number of state agencies that work to educate consumers about their rights. Some of these agencies are listed in the Consumer Law link in resources. If confused, always start with the Citizen's Information Service at
1-800-392-6090.