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Massachusetts Basic Practice Manual

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  • Product Number: 1910268B00
  • Publication Date: 5/14/2020
  • Edition: 6th Edition 2017, with 2020 Supplement
  • Copyright: © 2020 MCLE, Inc.
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  • 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 700 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: May 2020

      Dear Subscriber:

      Thank you for updating your reference library with the 2020 supplement to the 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

      • recent cases on probate practice and numerous updates to Probate and Family Court forms;
      • 2019 legislation modifying the circumstances under which the purchase of a long-term-care insurance policy may foreclose a claim against the decedent's estate by the Division of Medical Assistance;
      • a warning to practitioners about the prevalence of wire transfer fraud in real estate transactions;
      • guidance regarding service and assistance animals in rental housing;
      • decisions on a wide range of issues in landlord-tenant practice, including standing, repairs, security deposits, lease termination, and electronic filing;
      • the scope of the definition of "parties in interest" for purposes of the Massachusetts Zoning Act;
      • changes to the makeup of the U.S. Bankruptcy Court for the District of Massachusetts and updates to the threshold dollar amounts applicable to various provisions of the U.S. Bankruptcy Code;
      • a substantial expansion of the book's materials on OUI cases, including newly added guidance on trial practice;
      • changes in the law governing the tax deductibility of alimony payments;
      • a recent order of the Supreme Judicial Court changing the District and Superior Court filing thresholds from $25,000 to $50,000; and
      • new legislation governing noncompetition agreements.

      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

    • Update: August 2017

      Dear Subscriber:

      Thank you for updating your reference library with the 2017 edition of the Massachusetts Basic Practice Manual. With this edition, MCLE has intensified the book's focus on the most common areas of solo and small firm practice, adding extensive new materials on

      • landlord-tenant law,
      • zoning,
      • LLC formation, and
      • workers' compensation.

      The book's remaining materials have been updated throughout to reflect important recent developments. Highlights include

      • guidance on resolving title issues and changes in practice accompanying implementation of the "TRID" rule on mortgage lending;
      • information on new Probate and Family Court child support guidelines to be effective September 15, 2017;
      • updated information on statutory thresholds and local court practice in U.S. Bankruptcy Court proceedings;
      • revised guidance on the ethical issues arising in connection with corporate representation;
      • recent case law in operating-under-the-influence cases, including discussions of the permissible scope of expert testimony and the admissibility of blood alcohol test results; and
      • a 2016 Supreme Judicial Court case on the use of self-help discovery in employment cases.

      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

    - Health-Care Proxy Buy Form

    Exhibit 1A

    - Simple Will Buy Form

    Exhibit 1B

    - Will with Residuary Trust Buy Form

    Exhibit 1C

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

    Exhibit 1D

    - Codicil (Modifying Simple Will) Buy Form

    Exhibit 1E

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

    Exhibit 1F

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

    Exhibit 1G

    - Health-Care Proxy Buy Form

    Exhibit 1H

    - Authorization for Release and Disclosure of Health Information Buy Form

    Exhibit 1I

    - Ten Frequently Asked Questions Buy Form

    Exhibit 1J

    - Bibliography Buy Form
    Chapter 2 expand

    The Probate and Administration of Estates in Massachusetts

    Buy Chapter

    Exhibit 2A

    - Voluntary Administration Statement Buy Form

    Exhibit 2B

    - Petition for Informal Probate of Will Buy Form

    Exhibit 2C

    - Bond Buy Form

    Exhibit 2D

    - Military Affidavit Buy Form

    Exhibit 2E

    - Order of Informal Probate of Will 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 2J

    - Decree and Order on Petition for Formal Adjudication Buy Form

    Exhibit 2K

    - Petition for Appointment of Special Personal Representative Buy Form

    Exhibit 2L

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

    Exhibit 2M

    - Petition for a General License to Sell Buy Form

    Exhibit 2N

    - Decree and Order of Insolvency Buy Form

    Exhibit 2O

    - Table Showing Order of Priority Among Kindred Buy Form

    Exhibit 2P

    - Inventory Buy Form

    Exhibit 2Q

    - Account Buy Form

    Exhibit 2R

    - Petition for Allowance of Account Buy Form

    Exhibit 2S

    - Closing Statement Buy Form

    Exhibit 2T

    - Small Estate Closing Statement Buy Form

    Exhibit 2U

    - Petition for Order of Complete Settlement Buy Form

    Exhibit 2V

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

    Buying and Selling a Home

    Buy Chapter

    Checklist 3.1

    - Environmental Review—Residential Property Buy Form

    Checklist 3.2

    - Closing Buy Form

    Checklist 3.3

    - General Tips on Developing a Residential Real Estate Practice Buy Form

    Exhibit 3A

    - Offer to Purchase Buy Form

    Exhibit 3AA

    - IRS Nonforeign Affidavit Buy Form

    Exhibit 3B

    - Sample Information Form for Initial Client Telephone Call Buy Form

    Exhibit 3BB

    - UFFI Certificate Buy Form

    Exhibit 3C

    - Lead Paint Notification Certificate Buy Form

    Exhibit 3CC

    - Rescission Notice Buy Form

    Exhibit 3D

    - Purchase and Sale Agreement Buy Form

    Exhibit 3DD

    - Ten Frequently Asked Questions Buy Form

    Exhibit 3E

    - Time Extension Agreement Buy Form

    Exhibit 3EE

    - Bibliography Buy Form

    Exhibit 3F

    - Standard Form Condominium Purchase and Sale Agreement Buy Form

    Exhibit 3G

    - Loan Estimate Buy Form

    Exhibit 3H

    - Closing Disclosure Buy Form

    Exhibit 3I

    - Buyer’s Adjustment Form Buy Form

    Exhibit 3J

    - Seller’s Adjustment Form Buy Form

    Exhibit 3K

    - Deed Buy Form

    Exhibit 3L

    - Note Buy Form

    Exhibit 3M

    - Mortgage Buy Form

    Exhibit 3N

    - Adjustable Rate Note Buy Form

    Exhibit 3O

    - ARM Rider to Mortgage Buy Form

    Exhibit 3P

    - Condominium Rider to Mortgage Buy Form

    Exhibit 3Q

    - One- to Four-Family Rider to Mortgage Buy Form

    Exhibit 3R

    - Second Home Rider to Mortgage Buy Form

    Exhibit 3S

    - Plot Plan Buy Form

    Exhibit 3T

    - Attorney’s Certification of Title Buy Form

    Exhibit 3U

    - Municipal Lien Certificate Buy Form

    Exhibit 3V

    - Lead Paint Agreement Buy Form

    Exhibit 3W

    - Smoke Detector Notice Buy Form

    Exhibit 3X

    - Seller’s Title Insurance Affidavit Buy Form

    Exhibit 3Y

    - IRS Form W-9 Buy Form

    Exhibit 3Z

    - IRS Form 1099-S and Instructions 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

    Exhibit 4A

    - Rental Application Buy Form

    Exhibit 4B

    - Request for Prior Landlord Reference Buy Form

    Exhibit 4C

    - Licensee Agreement Buy Form

    Exhibit 4D

    - Tenancy-at-Will 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

    - Notice to Quit Terminating Tenancy at Will Buy Form

    Exhibit 4J

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

    Exhibit 4K

    - Notice to Quit for Lease Violation Buy Form

    Exhibit 4L

    - Rental Period Notice to Quit Buy Form

    Exhibit 4M

    - Use and Occupancy Letter Buy Form

    Exhibit 4N

    - Summary Process Summons and Complaint Buy Form

    Exhibit 4O

    - Housing Court Standing Order 1-01 Buy Form

    Exhibit 4P

    - Housing Court Standing Order 1-10 Buy Form

    Exhibit 4Q

    - District Court Standing Order 1-11 Buy Form

    Exhibit 4R

    - MLRI Discovery Booklet Buy Form

    Exhibit 4S

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

    Exhibit 4T

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

    Exhibit 4U

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

    Exhibit 4V

    - Housing Court Standing Order No. 1-20, Implementation of Mandatory Electronic Filing for Attorneys in Summary Process and Small Claims Cases in the Housing Court Department Buy Form
    Chapter 5 expand

    Zoning Practice: Procedures for Obtaining Variances and Special Permits

    Buy Chapter
    Chapter 6 expand

    Checklist 6.1

    - Important Issues in Divorce Practice Buy Form

    Checklist 6.2

    - Thirty Days Until Trial Buy Form

    Exhibit 6A

    - Client Questionnaire 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

    - Reserved

    Exhibit 6G

    - Sample Separation Agreement Buy Form

    Exhibit 6H

    - Joint Petition for Divorce Buy Form

    Exhibit 6I

    - Complaint for Divorce Buy Form

    Exhibit 6J

    - Financial Statement Buy Form

    Exhibit 6K

    - Uniform Counsel Certification Form Buy Form

    Exhibit 6L

    - Standing Order 1-06 Buy Form

    Exhibit 6M

    - Ten Frequently Asked Questions Buy Form
    Chapter 7 expand

    Exhibit 7A

    - Sample Consent of Sole Incorporator Buy Form

    Exhibit 7B

    - Sample Articles of Organization Buy Form

    Exhibit 7C

    - Sample Bylaws 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

    - Shell LLC 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

    Exhibit 7L

    - Ten Frequently Asked Questions Buy Form
    Chapter 8 expand

    Exhibit 8A

    - Information on District of Massachusetts Court Divisions and Clerk’s Office Buy Form

    Exhibit 8B

    - Disclosure of Compensation Buy Form

    Exhibit 8C

    - Voluntary Petition Buy Form

    Exhibit 8D

    - Creditor Mailing Matrix Buy Form

    Exhibit 8E

    - List of Creditors Holding Twenty Largest Unsecured Claims (Chapter 11) Buy Form

    Exhibit 8F

    - Summary of Schedules Buy Form

    Exhibit 8G

    - Declaration Concerning Debtor’s Schedules Buy Form

    Exhibit 8H

    - Statement of Financial Affairs Buy Form

    Exhibit 8I

    - Schedule A/B—Property Buy Form

    Exhibit 8J

    - Schedule C—Property Claimed as Exempt Buy Form

    Exhibit 8K

    - Schedule D—Creditors Holding Secured Claims Buy Form

    Exhibit 8L

    - Schedule E/F—Creditors Holding Unsecured Priority Claims Buy Form

    Exhibit 8M

    - Schedule G—Executory Contracts and Unexpired Leases Buy Form

    Exhibit 8N

    - Schedule H—Codebtors Buy Form

    Exhibit 8O

    - Schedule I—Current Income of Individual Debtors Buy Form

    Exhibit 8P

    - Schedule J—Current Expenditures of Individual Debtors Buy Form

    Exhibit 8Q

    - Statement of Current Monthly Income and Means Test Calculation (Chapter 7) Buy Form

    Exhibit 8R

    - Statement of Current Monthly Income (Chapter 11) Buy Form

    Exhibit 8S

    - Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (Chapter 13) Buy Form

    Exhibit 8T

    - Chapter 13 Plan Buy Form

    Exhibit 8U

    - Notice of Chapter 13 Bankruptcy Buy Form

    Exhibit 8V

    - Chapter 7 Individual Debtor’s Statement of Intention Buy Form

    Exhibit 8W

    - Proof of Claim Buy Form

    Exhibit 8X

    - Ten Frequently Asked Questions Buy Form
    Chapter 9 expand

    Checklist 9.1

    - 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 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.

    Checklist 10.1

    - Successfully Defending an OUI Case Buy Form

    Checklist 10.2

    - 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

    - Consolidated Motion to Suppress Warrantless Stop and Statements Buy Form

    Exhibit 10G

    - Reserved

    Exhibit 10H

    - Motion to Inspect Evidence and Reports Buy Form

    Exhibit 10I

    - Motion in Limine to Exclude Breath Test Results 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 Buy Form

    Exhibit 10N

    - 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 10O

    - 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 10P

    - 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
    Chapter 11 expand

    Checklist 11.1

    - 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

    - Initial Interview Buy Form

    Checklist 12.2

    - Filing Buy Form

    Exhibit 12A

    - DIA Form 115 (Third Party Claim / Notice of Lien) Buy Form

    Exhibit 12B

    - Reserved

    Exhibit 12C

    - Reserved

    Exhibit 12D

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

    Exhibit 12E

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

    Exhibit 12F

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

    Exhibit 12G

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

    Author(s)

    Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC, Springfield
    Erica M. Bruno, Esq., Law Offices of Joseph D. Bernard P.C., Springfield
    Ruth Dillingham, Esq., Dillingham Law LLC, Barnstable
    Catherine F. Downing, Esq., Downing Van Dyke LLC, Framingham
    James M. McCreight, Esq., Greater Boston Legal Services, Boston
    Scott E. Richardson, Esq., The Law Offices of Steven B. Stein, Boston
    Hon. David P. Sorrenti, Administrative Office of the District Court, Commonwealth of Massachusetts, Boston
    Kenneth M. Woodland, Esq., Watertown
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