Everyone should have a Last Will and Testament.  Most importantly, having a Will lets you determine who will be in charge of your estate and who will receive your assets when you die. If you die without a Will, assets in your name alone when you die will pass according to certain laws called “intestate succession.”  This means that you will be letting state law determine who receives your assets.  You also have no input on who will be in charge of managing your estate. One of the biggest misconceptions people have of what happens to their...

It’s the summer vacation season, so the following scenario may sound familiar to you… You’re standing at a car rental counter in the airport. You’ve just touched down after hours of flying to your week-long vacation in paradise. You’re tired, and you can’t wait to get to the hotel, drink a cold one, and hit the beach. The person behind the counter asks, “Do you want insurance with the car rental?” You freeze. You break into a cold sweat. And, you have no idea what to do. To insure, or not to insure. That is the question. The answer depends on...

Try to tuck this away in your memory bank with a trigger on it to leap back to the top of your dome the next time you enter into an agreement. Whether it is a lease, a purchase agreement, a loan, an employment agreement – any type of contract. I’m going to let you in on some glaring terms to look out for and try to either renegotiate or avoid (or, if you are savvy, maybe try to get some of these in to benefit you) to avoid getting totally rocked should you end up in litigation. ATTORNEYS’ FEES. In the US, each person is responsible for her...

MATTAPOISETT — After strong words from Mattapoisett Conservation Commission Chair Bob Rogers last year, Yard Boss owner Todd Rodrigues has filed a $250,000 defamation lawsuit against Rogers and Conservation Agent Elizabeth Leidhold. Read more

I love having things in writing. I love pictures of text messages, even if they are damaging to my clients’ cases, because it arms me with knowledge of what was actually said between two people and therefore a chance to submit evidence to put it into a context that makes it less damning or even helpful when the jury hears it. And you can bet your tush that I’m looking through the history of my clients’ text and other interwebby messages with any interested party. And this is before I draft a Complaint or Answer. I want to get the story...

The law of defamation is of growing importance in the area of employment law. Suits brought by employees against employers now account for one third of all defamation actions. For decades, the courts have tried to balance employees’ need for legal redress when employers disparage their reputations, with employers’ need for the free exchange of information. The law is clear on what is required to prove a defamation claim against an employer. In a nutshell, defamation is a false and unflattering statement about an individual that is...