Product Description

Recent updates:

• Update: December 2024

  Dear Subscriber:

  Thank you for choosing to stay current in the area of real estate title law with this new edition of Real Estate Title Practice in Massachusetts Inside, find material on the following topics and more:

  • Derelict fee. See chapter 2 for a cite to a 2023 case that applies the derelict fee statute to registered land.

  • Easements by express grant. Chapter 6 cites a 2023 case in which a question arose as to whether a dominant estate may use a right-of-way itself for recreation or usual beach activities. The use of particular phrases in a granting instrument was at issue.

  • Nominee trust. Chapter 7 adds an explanation regarding the use of a limited liability company membership interest as an intangible asset.

  • Binding "offers". See chapter 8 for a 2024 case where the striking of language by the seller in the buyer's offer to purchase amounted to a counteroffer.

  • Late and limited filings. Citing a 2020 decision and a REBA title standard, chapter 9 adds a practice note regarding the use of late and limited filings that specifies what they are not to be used for.

  • Actions by creditors of the decedent; "lifetime liens". Chapter 9 cites a 2023 decision restricting enforcement of MassHealth liens placed against property during a Medicaid recipient's lifetime, determining such liens to be unenforceable after the recipient's death.

  • Public dedication doctrine. See chapter 12 for discussion of the recognition of a form of appropriation of private land, and a 2024 Superior Court decision as to whether formalities and a written dedication is needed.

  • Takings; unconstitutional conditions. Chapter 12 also adds a new discussion of a narrow category of takings arising in the permitting process under the "unconstitutional conditions doctrine." A 2023 case is cited.

  • Foreclosure and the Takings Clause. Chapter 14 discusses the U.S. Supreme Court's unanimous 2023 decision holding that a state's tax foreclosure laws violated the Fifth Amendment's Takings Clause. Significant implications for Massachusetts municipal tax foreclosure law are addressed.

  We at MCLE trust that you will find this new material useful in your 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

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- Budgeting Spreadsheet Buy Form

Chapter 3 expand

Fees and Billing

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

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- Sample Consultation Agreement Buy Form

Exhibit 3B

- Sample Flat-Fee Agreement Buy Form

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- 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

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- 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

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- Balance Sheet Buy Form

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- Cash Flow Buy Form

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- Aged Accounts Receivable Report Buy Form

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- 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

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- 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

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- EQ Self-Assessment Buy Form

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- Alignment of Brand Assets with Projected Image Buy Form

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- 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

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Chapter 9 expand

Social Media

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David C. Harlow, Esq., Harlow Group LLC

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- Control Over Content Buy Form

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- Promoting Conversation Buy Form

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- Sample Hootsuite Page Buy Form

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- 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

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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

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