Dec
11

So, What Makes a Good Client? Revisited

In the summer of 2011, I wrote an article about what makes a good client. Since then, I have noticed that there are more specific qualities that I feel need to be present. So, what makes a “good client?” The glib answer, for many attorneys, continues to be simply: a client who pays their bills!… Continue reading »

Dec
11

The Birds and the Bees…and the Egg Donor and the Agency?

With the advent of emerging technologies come new ways to start a family. Infertile couples and individuals now have a variety of options to become parents, from egg and sperm donation to surrogacy and embryo preservation. Such technologies are a dream come true for those who want children but cannot conceive. The law, however, is… Continue reading »

Dec
11

The End of Fishing Expeditions – Proportional Discovery Comes to the Federal Courts

The concept of relevance and how it impacts discovery can be strange for clients. Under Rule 26 of the Massachusetts Rules of Civil Procedure, a litigant is entitled to seek discovery regarding anything that is relevant to the case. For something to be discoverable it does not need to be admissible itself, but rather reasonably… Continue reading »

Dec
11

November is National Adoption Month

November is National Adoption Month. In the past, I have written about the probate courts opening their doors, judges clearing their dockets and making adoption a priority in the month of November. This process quickens the pace to allow children who have been waiting for permanency their day in court. However, I am troubled by… Continue reading »

Dec
11

Substituted Judgment: Limits to a Guardian’s Powers

Every day judges in the Probate and Family Courts appoint guardians of minor children if their parents are deemed unfit, unavailable or deceased. Once appointed, a guardian has almost the same powers and responsibilities of a parent regarding a child’s support, care, education, health and welfare. The guardian can make many routine decisions about the… Continue reading »

Apr
07

To Paraphrase the Grateful Dead’s Casey Jones: “Trouble with You is the Trouble with Me…Got Two Good Ears but We Still Don’t Listen!”

Clients seek attorneys not only for their ability to win a lawsuit, negotiate a settlement, or draft a document, but also for their wisdom. But do attorneys really listen to their clients? All too frequently, the attorney formulates a response to the client before the client has even finished what he/she has tried to tell… Continue reading »

Apr
07

Meet Our New Office Manager

My name is Audrey Pabian and I am the new Office Manager at Konowitz & Greenberg. It is an absolute thrill working here. I enjoy the clients who are walking through our door, the cases that are being handled and the stories that accompany them. The entire office has been so welcoming. This is a… Continue reading »

Apr
07

The Alimony Reform Act: The Court Rules

As many of you know, the Massachusetts Legislature amended the long standing alimony laws pursuant to the Massachusetts Alimony Reform Act of 2011, effective March 1, 2012 (“Alimony Reform Act”). Formerly known as the Massachusetts Alimony and Property Statute, M.G.L.Ch. 208§34 now addresses only the division of the marital estate. Separate statutes, pursuant to the… Continue reading »

Apr
07

Tis But a Breach – Looking for the Unfairness to Support a 93A Claim

I frequently represent small businesses and individuals in litigation. One of the first topics I bring up is the cost associated with litigation. For smaller cases, the unfortunate reality is that litigation costs can easily dwarf the amount in dispute. And while a properly designed budget and strategy for a case should always consider the… Continue reading »

Apr
07

Be Prepared: Protect Your Estate from the High Cost of Nursing Home Care

Odds are high that someone in your family will need a nursing home at some point. A majority of people over age 65 will require some type of long term care services during their lifetime, and for many, nursing home care is unavoidable. With the cost of private nursing home care now exceeding $100,000 per… Continue reading »

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