Product Description

Recent updates:

• Update: April 2025

  Dear Subscriber:

  Thank you for choosing to keep your copy of Trying OUI and Other Motor Vehicle Offenses in Massachusetts for 2025 with this second edition. Inside, you will find new material on such topics as the following:

  • Immediate threat revocations. See chapter 2 for discussion of the registry's imposition of indefinite immediate threat suspensions. There is commentary on whether District Court judges possess authority to or-der the registry to terminate such suspensions.

  • Extraterritorial pursuit. See chapter 3 for discussion of the collective knowledge doctrine, where an officer may make an arrest based on shared observations of other officers. The chapter offers a 2023 case de-cision announcing a new rule for the horizontal collective knowledge doctrine.

  • Actions to take at the outset of representation. Chapter 4 provides highly practical and detailed guidance for instances where a client charged with OUI drugs was not properly advised of their rights. An exhibit in this chapter offers a sample motion and affidavit to preserve a defendant's rights, along with practice tips on whether to file a motion to dismiss based on a failure to have so advised the defendant.

  • OUI related to alcohol or drugs. Chapter 6 offers several recent Supreme Judicial Court and Appeals Court case decisions.

  • "Operation" of a vehicle. Chapter 7 contains information on the mechanical or electrical operation of a vehicle and offers a 2025 case addressing a jury's reasonable inference regarding operation based on the engagement of electronic devices within the vehicle.

  We at MCLE trust that you will find this 2025 edition to be useful in your law practice and valuable in maintaining the currency of your law library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Keys to Developing a Practice: Tips from the Field

Buy Chapter

Rodney S. Dowell, Esq., Massachusetts Board of Bar Overseers

Checklist 1.1

- Best and Worst Advice Received by Surveyed Sole Practitioners Buy Form

Chapter 2 expand

Initial Steps

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Sofia S. Lingos, Esq., Trident Legal LLC

Checklist 2.1

- Questions to Ask When Performing Market Research Buy Form

Checklist 2.2

- Sample SWOT Analysis Buy Form

Checklist 2.3

- Information to Obtain About Law Practice Competitors Buy Form

Checklist 2.4

- Considerations in Selecting a Law Practice Office Location Buy Form

Checklist 2.5

- Tips on Lawyers’ Professional Liability (Malpractice) Insurance Buy Form

Exhibit 2A

- Sample Business Plan Buy Form

Exhibit 2B

- Choice of Entity Spreadsheet Buy Form

Exhibit 2C

- Budgeting Spreadsheet Buy Form

Chapter 3 expand

Fees and Billing

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Melissa A. Levine-Piro, Esq., Hera Law Group

Exhibit 3A

- Sample Consultation Agreement Buy Form

Exhibit 3B

- Sample Flat-Fee Agreement Buy Form

Exhibit 3C

- Sample Recovery Breakdown Letter Buy Form

Exhibit 3D

- Sample Contingency Fee Agreement Buy Form

Exhibit 3E

- Sample Clause on Use of Internet Cloud Storage Devices Buy Form

Exhibit 3F

- Sample Destruction of Documents Clause Buy Form

Exhibit 3G

- Sample Nonengagement Letter Buy Form

Exhibit 3H

- Sample Disengagement Letter Buy Form

Exhibit 3I

- Simple Client Ledger for Tracking Individual Client Funds Buy Form

Exhibit 3J

- Sample Ledger Buy Form

Exhibit 3K

- Sample Check Register Buy Form

Chapter 4 expand

Bookkeeping and Accounting

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Stephanie A. Hood,

Checklist 4.1

- Procedures for Maintaining Accounting and Cash Controls Buy Form

Exhibit 4A

- Client Funds Manual 2018 Buy Form

Exhibit 4B

- Income Statement Buy Form

Exhibit 4C

- Balance Sheet Buy Form

Exhibit 4D

- Cash Flow Buy Form

Exhibit 4E

- Aged Accounts Receivable Report Buy Form

Exhibit 4F

- Billable Hours Report Buy Form

Chapter 5 expand

Developing Your Brand for Integrated Marketing

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Julie M. Tolek, Esq., Dilworth IP

Chapter 6 expand

Client Development and Networking

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Susan Letterman White, JD, MS, Letterman White Consulting

Checklist 6.1

- Questions to Be Asked When Disengaging from a Representation Buy Form

Checklist 6.2

- Tips for Attending a Networking Event Buy Form

Checklist 6.3

- Ten Tips for Success at Networking Events Buy Form

Exhibit 6A

- Sample Marketing Research Plan Template Buy Form

Exhibit 6B

- Sample Business Plan Template Buy Form

Exhibit 6C

- Trends Exercise Buy Form

Exhibit 6D

- Age of the Customer Buy Form

Exhibit 6E

- Content Creation Exercise Buy Form

Exhibit 6F

- EQ Self-Assessment Buy Form

Exhibit 6G

- Alignment of Brand Assets with Projected Image Buy Form

Exhibit 6H

- Author’s Network Map Buy Form

Exhibit 6I

- Summary of Relationships Buy Form

Exhibit 6J

- Assessment of Relationships Buy Form

Exhibit 6K

- Self-Evaluation Quiz Buy Form

Chapter 7 expand

Online Directories and Reviews

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Gyi Tsakalakis, Esq., AttorneySync

Chapter 8 expand

Website Design and Development

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Stephanie A. Bahl, Webmaster, Social Law Library

Checklist 8.1

- Key Steps to Take in Setting Up a Website Buy Form

Chapter 9 expand

Social Media

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David C. Harlow, Esq., Harlow Group LLC

Exhibit 9A

- Length of Post Buy Form

Exhibit 9B

- Control Over Content Buy Form

Exhibit 9C

- Promoting Conversation Buy Form

Exhibit 9D

- Sample Hootsuite Page Buy Form

Exhibit 9E

- Planning for the Use of Social Media Buy Form

Chapter 10 expand

Managing Client Relationships

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Joseph S. Berman, Esq.,

Checklist 10.1

- Red Flags in Evaluating Potential Clients Buy Form

Exhibit 10A

- Sample Conflicts Check Form Buy Form

Chapter 11 expand

Ongoing Operations

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Cristina Gutierrez Shinnick,

Checklist 11.1

- Steps to Follow When Giving Feedback to Law Firm Employees Buy Form

Chapter 12 expand

Research and Training

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Brian J. Harkins, Esq., Social Law Library
John M. Lawlor, Esq., Massachusetts Continuing Legal Education, Inc.

Chapter 13 expand

Data Security

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Robert J. Munnelly, Jr., Esq., Davis, Malm & D'Agostine, PC

Exhibit 13A

- Sample Language for Consent to Use Cloud Computing Buy Form

Chapter 14 expand

Personal Challenges and Resources

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Andrew D. Kang, JD, LICSW, Boston Professionals Counseling LLC
Dasha Tcherniakovskaia, Esq.,

Checklist 14.1

- Resources for Close Support, Business, and Personal Support Networks Buy Form

Chapter 15 expand

Exit Planning

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Benjamin Shwartz, Esq., Verrill Dana LLP

Exhibit 15A

- Informed Consent to Disclosure of Client Information to Prospective Successor Counsel Buy Form

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