Help

Massachusetts Basic Practice Manual

An instant law library

book
  • Product Number: 1910268B00
  • Publication Date: 11/9/2022
  • Edition: 7th Edition 2022
  • Copyright: © 2022 MCLE, Inc.
  • Add to Favorites List

Choose Format:

Also Available:
article
eArticles
See Table of Contents below to purchase individual chapters from this book. Your purchase includes the chapter's exhibits (if any). Pricing varies by page count. Member and new lawyer pricing available. Free for OnlinePass subscribers.
article
eChecklists and eForms
See Table of contents below to purchase individual checklists and forms from this book. Pricing varies by exhibit type. Member and new lawyer pricing available. Free for OnlinePass subscribers.
  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    MCLE's Massachusetts Basic Practice Manual gives you immediate access to your own instant law library in the most important areas of solo and small firm practice—over 500 pages of substantive law and practice guidance. This manual addresses the challenges most important for lawyers on the front lines of today's legal practice, such as drafting a will or a trust, helping a client buy a home, trying a case, and handling a client's divorce. This focus on primary practice areas has been intensified with the addition of materials for landlord-tenant law, zoning, LLC formation, and workers' compensation. With essential citations, downloadable forms, checklists, and step-by-step explanations, the Massachusetts Basic Practice Manual is an indispensable resource for Massachusetts attorneys.

    Recent updates:

    • Update: November 2022

      Dear Subscriber:

      Thank you for updating your reference library with the 2022 edition of Massachusetts Basic Practice Manual. This product incorporates the latest developments in the practice areas most important for lawyers on the front-lines of today's legal practice.

      The book's materials have been updated throughout to reflect important developments in law and practice. Highlights include

      • substantial updates on the drafting of will and trust clauses, including -modified language empowering the personal representative to access the decedent's digital assets as well as a sample authorization for releasing electronically stored information; -an expanded discussion of decanting; -guidance on the drafting of no-contest clauses; and -a review of Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST), used by patients to communicate end-of-care directives;
      • extensive revisions to the book's guidance on the probate and administration of estates;
      • a chapter on residential real estate focusing on fundamental issues such as the attorney's role in counseling buyers and sellers, interactions with brokers and other parties connected to the transaction, and title insurance;
      • numerous updates on landlord-tenant topics, including -protections available under the Violence Against Women Act; -procedural changes implemented during the COVID-19 pandemic; -recent legislation prohibiting the naming of minors in summary process complaints; and -landlord-tenant decisions of the Housing Court and Massachusetts appellate courts;
      • procedural changes in the conduct of divorce proceedings;
      • updates to practice guidance and model language applicable to limited liability companies;
      • enactment of the Small Business Reorganization Act of 2019, which added Subchapter V to Chapter 11 of the Bankruptcy Code;
      • effective April 1, 2022, adjustments for inflation to various dollar amounts set forth in the Bankruptcy Code;
      • a newly added discussion on the use of experts in OUI cases involving the use of drugs; and
      • updated guidance on the filing of workers' compensation claims.

      We trust you will find the Massachusetts Basic Practice Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Very truly yours,

      John M. Lawlor, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Checklist 1.1

    - Checklist - Healthcare Proxy Buy Form

    Exhibit 1A

    - Simple Will Buy Form

    Exhibit 1B

    - Will with Residuary Trust Buy Form

    Exhibit 1C

    - Authorization and Consent for Release of Electronically Stored Information Buy Form

    Exhibit 1D

    - Alternative Sample Language for Spray Trust with Separate Shares When Oldest Is Age Twenty-Two with Powers of Withdrawal Buy Form

    Exhibit 1E

    - Codicil (Modifying Simple Will) Buy Form

    Exhibit 1F

    - Durable Power of Attorney to Take Effect Immediately and Name an Alternate Attorney in Fact Buy Form

    Exhibit 1G

    - Durable Power of Attorney to Take Effect on Incapacity Buy Form

    Exhibit 1H

    - Health-Care Proxy Buy Form

    Exhibit 1I

    - Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy Form

    Exhibit 1J

    - Authorization for Release and Disclosure of Health Information Buy Form

    Exhibit 1K

    - Ten Frequently Asked Questions - Drafting Simple Will and Trust Claims Buy Form

    Exhibit 1L

    - Drafting Simple Will Trust and Claims - Bibliograpghy Buy Form
    Chapter 2 expand

    The Probate and Administration of Estates in Massachusetts

    Buy Chapter

    Exhbiit 2J

    - Decree and Order on Petition for Formal Adjudication Buy Form

    Exhbiit 2L

    - Petition for a License to Sell for the Payment of Debts Buy Form

    Exhbiit 2M

    - Petition for a General License to Sell Buy Form

    Exhbiit 2P

    - Decree and Order of Insolvency Buy Form

    Exhbiit 2R

    - The Probate and Administration of Estates in Massachusetts - Inventory Buy Form

    Exhbit 2E

    - Order of Informal Probate of Will Buy Form

    Exhbit 2N

    - Representation of Insolvency Buy Form

    Exhibit 2A

    - Voluntary Administration Statement Buy Form

    Exhibit 2B

    - Petition for Informal Probate of Will Buy Form

    Exhibit 2C

    - The Probate and Administration of Estates in Massachusetts - Bond Buy Form

    Exhibit 2D

    - Military Affidavit Buy Form

    Exhibit 2F

    - Notice of Informal Probate Buy Form

    Exhibit 2G

    - Assent and Waiver of Notice/Renunciation/Waiver of Sureties/?Nomination Buy Form

    Exhibit 2H

    - Informal Probate Publication Notice Buy Form

    Exhibit 2I

    - Petition for Formal Probate of a Will Buy Form

    Exhibit 2K

    - Petition for Appointment of Special Personal Representative Buy Form

    Exhibit 2O

    - Personal Representative’s Affidavit of Notice to Creditors of Representation of Insolvency Buy Form

    Exhibit 2Q

    - Table Showing Order of Priority Among Kindred Buy Form

    Exhibit 2S

    - The Probate and Administration of Estates in Massachusetts - Account Buy Form

    Exhibit 2T

    - Petition for Allowance of Account Buy Form

    Exhibit 2U

    - The Probate and Administration of Estates in Massachusetts - Closing Statement Buy Form

    Exhibit 2V

    - Small Estate Closing Statement Buy Form

    Exhibit 2W

    - Petition for Order of Complete Settlement Buy Form

    Exhibit 2X

    - Decree and Order for Complete Settlement Buy Form
    Chapter 3 expand

    An Overview of the Attorney's Role in Residential Real Estate Transactions

    Buy Chapter

    Checklist 3.1

    - Checklist - Purchase and Sale Conference Checklisyt for Representing Seller Buy Form

    Checklist 3.2

    - Checklist - Buyer's Checklist for Purchase and Sale Agreement Buy Form

    Checklist 3.3

    - Checklist - Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist for Purchase and Sale Agreement) Buy Form

    Checklist 3.4

    - Checklist - Checklist of Typical Contents of Initial Letter to Seller Client Buy Form

    Checklist 3.5

    - Checklist - Checklist of Typical Contents of Initial Letter to Buyer Client Buy Form
    Chapter 4 expand

    Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies

    Buy Chapter
    Catherine F. Downing, Esq., Downing Van Dyke LLC
    James M. McCreight, Esq., Greater Boston Legal Services

    Checklist 4.1

    - Checklist - Checklist for Notice Required from Storage Facility Holding Evicted Tenant’s Possessions Buy Form

    Exhibit 4A

    - Rental Application - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies Buy Form

    Exhibit 4B

    - Request for Prior Landlord Reference Buy Form

    Exhibit 4C

    - Licensee Agreement - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies Buy Form

    Exhibit 4D

    - Tenancy-at-Will - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies Buy Form

    Exhibit 4E

    - Standard Form Apartment Lease Buy Form

    Exhibit 4F

    - Rent and Security Deposit Receipt Buy Form

    Exhibit 4G

    - Apartment Condition Statement Buy Form

    Exhibit 4H

    - Security Deposit Return Form Buy Form

    Exhibit 4I

    - Third Amended Housing Court Standing Order 6-20 Buy Form

    Exhibit 4J

    - Notice to Quit Terminating Tenancy at Will Buy Form

    Exhibit 4K

    - Notice to Quit Tenancy at Will with Offer of New Tenancy Buy Form

    Exhibit 4L

    - Notice to Quit for Lease Violation Buy Form

    Exhibit 4M

    - Rental Period Notice to Quit Buy Form

    Exhibit 4N

    - Use and Occupancy Letter Buy Form

    Exhibit 4O

    - Housing Court Standing Order 1-20 Buy Form

    Exhibit 4P

    - Summary Process Summons and Complaint Buy Form

    Exhibit 4Q

    - Housing Court Standing Order 1-01 Buy Form

    Exhibit 4R

    - Housing Court Standing Order 1-10 Buy Form

    Exhibit 4S

    - District Court Standing Order 1-11 Buy Form

    Exhibit 4T

    - Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit Buy Form

    Exhibit 4U

    - MLRI Discovery Booklet Buy Form

    Exhibit 4V

    - Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel Buy Form
    Chapter 5 expand

    Procedures for Obtaining Variances and Special Permits

    Buy Chapter
    Chapter 6 expand

    Checklist 6.1

    - Checklist- Important Issues in Divorce Practice Buy Form

    Checklist 6.2

    - Checklist - Thirty Days Until Trial Buy Form

    Exhibit 6A

    - Client Questionnaire - Divorce Demystified Buy Form

    Exhibit 6B

    - Client’s Memorandum on Divorce Buy Form

    Exhibit 6C

    - Client’s Memorandum on Children’s Concerns During Divorce Buy Form

    Exhibit 6D

    - Child Support Guidelines Buy Form

    Exhibit 6E

    - Child Support Guidelines Worksheet Sample Buy Form

    Exhibit 6F

    - Sample Separation Agreement Buy Form

    Exhibit 6G

    - Joint Petition for Divorce Buy Form

    Exhibit 6H

    - Complaint for Divorce Buy Form

    Exhibit 6I

    - Financial Statement - Divorce Demystified Buy Form

    Exhibit 6J

    - Uniform Counsel Certification Form Buy Form

    Exhibit 6K

    - Standing Order 1-06 Buy Form

    Exhibit 6L

    - Ten Frequently Asked Questions Buy Form
    Chapter 7 expand

    Exhbiit 7C

    - Sample Bylaws - Organizing a Massachusetts Business Buy Form

    Exhibit 7A

    - Sample Consent of Sole Incorporator Buy Form

    Exhibit 7B

    - Sample Articles of Organization Buy Form

    Exhibit 7D

    - Sample Consent of Directors Buy Form

    Exhibit 7E

    - Partnership Example LLC Buy Form

    Exhibit 7F

    - Corporate Model LLC Buy Form

    Exhibit 7G

    - Shortform Associates LLC Buy Form

    Exhibit 7H

    - Initial LLC - Organizing a Massachusetts Business Buy Form

    Exhibit 7I

    - Default Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Buy Form

    Exhibit 7J

    - Mandatory Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Buy Form

    Exhibit 7K

    - Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Requiring a Writing Buy Form
    Chapter 8 expand

    An Overview of Bankruptcy Practice in Massachusetts

    Buy Chapter
    Chapter 9 expand

    Checkist 9.1

    - Checklist - Documents for Personal Injury Cases Buy Form

    Exhibit 9A

    - Motion for Separate Entry of Final Judgment Buy Form

    Exhibit 9B

    - Order for Separate Entry of Final Judgment Buy Form

    Exhibit 9C

    - Special Verdict Questions for the Jury Buy Form

    Exhibit 9D

    - Ten Frequently Asked Questions - Preparing and Trying a Civil Case Buy Form
    Chapter 10 expand

    Successfully Defending an OUI Case

    Buy Chapter
    Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC
    Erica M. Bruno, Esq., Law Offices of Joseph D. Bernard P.C.
    Jennifer H. Diggles, Esq., Law Offices of Joseph D. Bernard, PC

    Checklist 10.1

    - Checklist - Successfully Defending an OUI Case Buy Form

    Checklist 10.2

    - Checklist - Expert Qualification—Establishing Expertise* Buy Form

    Exhibit 10A

    - Model Jury Instruction 3.200, Operation of a Motor Vehicle Buy Form

    Exhibit 10B

    - Model Jury Instruction 3.280, Public Way Buy Form

    Exhibit 10C

    - Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater Buy Form

    Exhibit 10D

    - Model Jury Instruction 5.400, Operating Under the Influence of Drugs Buy Form

    Exhibit 10E

    - Motion in Limine to Exclude Horizontal Nystagmus Test Buy Form

    Exhibit 10F

    - Motion to Inspect Evidence and Reports Buy Form

    Exhibit 10G

    - Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30–31 (Mass. Dist. Ct., Boston Mun. Ct. Feb. 16, Buy Form

    Exhibit 10H

    - Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. Jan. 9, 2019) (Ananias II) Buy Form

    Exhibit 10I

    - Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. July 29, 2019) (Ananias III) Buy Form

    Exhibit 10J

    - Areas of Breathalyzer Expert Testimony Buy Form

    Exhibit 10K

    - Proposed Jury Instructions of Defendant Buy Form

    Exhibit 10L

    - Motion and Order for Return of License Following a Finding of Not Guilty Buy Form

    Exhibit 10M

    - Ten Frequently Asked Questions - Successfully Defending an OUI Case Buy Form
    Chapter 11 expand

    Checklist 11.1

    - Checklist - A Massachusetts Employment Lawyer’s Checklist: Claims, Defenses, and Counterclaims* Buy Form

    Exhibit 11A

    - Ten Frequently Asked Questions Regarding Employment Law Buy Form

    Exhibit 11B

    - MCAD Procedures for Private Complaints Buy Form
    Chapter 12 expand

    Workers’ Compensation Practice: Initial Steps in Representing Claimants, Employers, and Insurers

    Buy Chapter

    Checklist 12.1

    - Checklist - Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy Form

    Checklist 12.2

    - Checklist - Checklist for Filing a Workers’ Compensation Claim Buy Form

    Exhibit 12A

    - Areas of Breathalyzer Expert Testimony Buy Form

    Exhibit 12B

    - DIA Form 114 (Notice of Change/Appearance of Counsel) Buy Form

    Exhibit 12C

    - DIA Form 110 (Employee’s Claim) Buy Form

    Exhibit 12D

    - DIA Form 104 (Insurer’s Notification of Denial) Buy Form

    Exhibit 12E

    - DIA Form 126 (Employee’s Earning Report) Buy Form
  • Editors & Authors
TOP