Product Description

Recent updates:

• Update: October 2023

  Dear Subscriber:

  Thank you for choosing to stay current with Massachusetts Superior Court practice with this 2023 revised edition of the Massachusetts Superior Court Civil Practice Manual . Inside, you will find new material on topics including the following:

  • Attachment. See chapter 4 for a note concerning a 2021 case in which a plaintiff successfully employed the doctrine of piercing the corporate veil to attach real estate owned by the defendant corporation's officer and director.

  • Homestead exemption. Also in chapter 4 is a new discussion of a change in the homestead exemption requiring, among other things, that the owner of the subject real estate, including all remainder persons, have a present, vested, and noncontingent interest.

  • Defenses asserted by motion. See chapter 6 for a 2023 case where the defendant moved for lack of subject matter jurisdiction, and the court ruled regarding submission of extra-complaint materials as attachments to the affidavit.

  • Anti-SLAPP suits; admissibility of statements made to parties. Chapter 6 addresses a 2023 case where the court ruled on the admissibility of statements made to private individuals prior to the filing of complaints with government entities. Also in chapter 6 is a 2023 case addressing G.L. c. 231, § 59H and whether the awarding of costs and reasonable attorney fees is mandatory.

  • Deposition procedure. Chapter 8 includes an important reminder with regard to the timeliness of signing depositions, and an amended rule on this subject that counsel must heed in order to avoid a misstep with regard to multiday depositions.

  • Video depositions. Also in chapter 8 is a new exhibit that provides a model for notice of the taking of an audiovisual deposition.

  • Demonstrative evidence. In chapter 12, find a discussion of alternative ways of authenticating evidence that can expedite the trial and obviate the need to call a witness at trial solely to provide authentication.

  • Enhancement of photographic evidence. Chapter 12 cites a 2022 case where authentication and relevance were issues with regard to photographs taken digitally and computer-enhanced.

  • Computer-generated simulation. Chapter 12 addresses instances where the court, in deciding whether to permit a party to use a computer-generated simulation, considered the underlying evidentiary foundation, and provides a tip for counsel attempting to offer such models.

  • Duty to preserve ESI discovery. Chapter 19 cites a key 2023 case about when the duty to preserve attaches in a civil matter.

  These are just a few of the topics covered and updated in this revised edition. We trust that you will find it useful in your civil litigation practice, and valuable in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Keys to Developing a Practice: Tips from the Field

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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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