What about the Puppies?

Posted on June 14, 2011

All too often, the family pet is not taken into consideration when estate planning is addressed. Now that the Massachusetts legislature has enacted a “Pet Trust” statute (Mass Gen Laws Chapter 203, Section 3C), it seems an appropriate opportunity to write on the subject. An estate plan should address not...

Bullying: It’s Not Just a Schoolyard Problem (2)

Posted on June 6, 2011

This is the second post in a three part series on bullying in the workplace. As you may recall, the previous post on workplace bullying provided a description of workplace bullying, gave some startling statistics regarding its frequency, and outlined the benefits of prevention. This post will focus on...

Serious Advice from the Experts

Posted on June 2, 2011

The recent devastating tornadoes in central Massachusetts should give everyone pause, as no one is immune to natural disasters. Even if tornadoes don’t return to Massachusetts this Summer, there are obviously other kinds of natural calamities that can jeopardize life, limb or property. In the wake of the central Mass....

New Massachusetts Homestead Law

Posted on May 30, 2011

Homesteads are an affordable way for many of our clients to obtain significant protection from certain creditors. On December 16, 2010, the governor of Massachusetts signed into law the most extensive changes to our homestead law in more than a generation. The effective date of the new law was March 16, 2011. This bulletin...

The Schoolyard Lawyer: What is Cyberbullying?

Posted on May 27, 2011

Cyberbullying, as defined in the Massachusetts Anti-Bullying Law, is “bullying through the use of technology or any electronic communication.” The law sets forth many different means of cyberbullying, but the most common uses are via text messages, emails, phone calls, Social Media Websites such as Facebook, Formspring, and MySpace, or blog entries....

The Schoolyard Lawyer: Understanding the IDEA: For Parents Starting the Special Education Process

Posted on May 25, 2011

The laws governing Special Education can be confusing for parents who are just beginning the process with their child. All too often parents do not even know where to begin. I wrote this article in the format of commonly asked questions when parents are thinking of starting the process or have already...

The Consequences of a College’s Failure to Properly Calculate Satisfactory Academic Progress & Determine Dates of Student Withdrawl

Posted on May 23, 2011

In a recent matter, an SFAP assessment of liability was upheld by a Department of Education Administrative Judge pertaining to a community college, requiring the College to reimburse $134,797 to the Department of Education. On October 13, 2009, Snead State Community College, a public institution of higher education located...

Physicians Denied Access to Complaints Against Them

Posted on May 19, 2011

Physicians under investigation are routinely unable to respond to Board of Registration in Medicine inquiries because they are unaware of the charges to which they are required to respond. The denial of copies of complaints and materials related to those complaints to the physician who stands accused violates the Board’s enabling statute...

Why Does the Board of Medicine Keep Complaints Secret from Accused Physicians?

Posted on May 11, 2011

Physicians under investigation are routinely unable to respond to Board of Registration in Medicine inquiries because they are unaware of the nature and specifics of the charges to which they are required to respond. The denial of copies of complaints and materials related to those complaints to the physician who stands accused...

Auto Insurance… You May be Underinsured!

Posted on May 6, 2011

I handle claims for personal injury for clients injured in auto accidents. I regularly find that my clients do not have the necessary coverage to operate safely on the roads of Massachusetts. Insurance companies compete by offering the cheapest policy premium possible. Unfortunately for the consumer, the insurance companies, through their advertising,...

SJC Rules: Attorneys Required for Massachusetts Real Estate Closings

Posted on April 27, 2011

This week the Massachusetts Supreme Judicial Court came down with its long-awaited ruling in a case that has been termed “a major victory for Massachusetts homeowners” (Real Estate Bar Association (REBA) vs. National Real Estate Information Services (NREIS). The court reaffirmed the important role that attorneys play in insuring...

The Schoolyard Lawyer: What if my Child is Not Eligible for Special Education?

Posted on April 25, 2011

If your child has been found not eligible for Special Education services under the Individuals with Disabilities Education Act (IDEA), he or she may still be eligible under Section 504 of the Rehabilitation Act of 1973 (Section 504). Section 504 prohibits discrimination against eligible individuals with a disability by providing them with...