Ethical Lawyering in Massachusetts

Use the court's equity power to achieve results

Product Number: 2242109WFM
Publication Date: 2/7/2024
Edition: 6th Edition 2024
Copyright: © 2024 MCLE, Inc.
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Ethical Lawyering in Massachusetts

Use the court's equity power to achieve results

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Product Description
Product Description

Use the court's equity power to achieve results
Fiduciary Litigation in the Probate Court offers essential insight and practical guidance on a wide range of issues addressed by the Massachusetts Probate and Family Court. The book covers complaints for instructions; declaratory judgments; reformation of trusts; objections to accounts; will contests; partitions; and more.

Recent updates:
- Update: June 2024
  Dear Subscriber:
  
  Thank you for choosing to stay current in your practice with this 2024 edition of Fiduciary Litigation in the Probate Court. Inside, you will find case decisions, insights, and practice tips on topics including the following:
  - Complaints for instructions. See chapter 2 for a discussion regarding the distinction between a complaint for instruction and a petition for instructions. The chapter also offers a practice tip suggesting the preparation of an accompanying affidavit.
  - No-contest clauses. Chapter 3 contains a discussion about whether declaratory judgment is an appropriate mechanism for determining if beneficiaries violated a no-contest clause in a trust.
  - Lis pendens. See chapter 5 for a newly added sample memorandum of lis pendens.
  - Removal of trustees. Chapter 7 adds a discussion regarding a 2022 case wherein the court considered whether the language of the trust, which seemed to require "cause" for trustee removal, took into account the provisions of G.L. c. 203E, § 706(b)(4).
  - Hearings of contested accounts. See chapter 8 for new material about contesting accounts in the case of estates or trusts involving minors, incapacitated persons, or unborn/unascertained interests.
  - Defending accounts. Chapter 9 discusses whether testamentary trust accountings require court involvement for settlement, and whether trustees of testamentary and nontestamentary trusts are still required to account at least privately to qualified beneficiaries. The chapter cites a 2023 case.
  - Fraud and undue influence. Chapter 10 cites a 2023 case illustrating shifting burdens of proof of undue influence.
  - Contests regarding suitability of fiduciaries. Chapter 10 also offers a new discussion about a 2023 case where the court considered the requirements for an objector to contest the suitability of a fiduciary, including that of a sufficient legal interest in the estate.
  We at MCLE trust that you will find this new content useful in your fiduciary litigation and estate planning practice, and valuable in keeping your law library current.
  
  Cordially,
  
  MCLE Press
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Sources of Ethical Authority in Massachusetts
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Gilda Tuoni Russell,

Chapter 02 expand

Lawyer Marketing
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David A. Kluft, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 03 expand

Taking the Case: Conflicts of Interest
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Anthony E. Abeln, Esq., Morrison Mahoney LLP
Alan Everett Brown, Esq., Morrison Mahoney LLP

Chapter 04 expand

The Attorney-Client Relationship
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Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers

Exhibit 4A
- Sample Letter of Proposed Representation Buy Form

Exhibit 4B
- Sample Fee Agreement Buy Form

Chapter 05 expand

Fee Agreements
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Timothy J. Dacey, III, Esq., Goulston & Storrs, PC

Exhibit 5A
- Contingent Fee Agreement Form A Buy Form

Exhibit 5B
- Contingent Fee Agreement Form B Buy Form

Exhibit 5C
- Model Fee Agreements Buy Form

Chapter 06 expand

Duties to Clients
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James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Chapter 07 expand

Duties to Colleagues
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Gwen Nolan King, Esq., Nolan King Law

Chapter 08 expand

Duties to Courts
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Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Chapter 09 expand

Duties to Third Parties
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Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Chapter 10 expand

Getting Paid
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Heather L. LaVigne, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 11 expand

The Disciplinary Process
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James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP
Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Exhibit 11A
- Diversion Program Policy Statement Buy Form

Exhibit 11B
- Provisions on Reinstatement (Supreme Judicial Court Rule 4:01, § 18) Buy Form

Exhibit 11C
- Board of Bar Overseers Policies and Practices Buy Form

Chapter 12 expand

Ethics Issues for Business Lawyers
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Holly Jones, Maselan & Jones, PC
Mary A. McCooe, Esq., Maselan & Jones, PC

Exhibit 12A
- Letter Agreement Regarding Consent to Multiple Representation of Initial Investors in Organizing a Corporation and Acting as Its General Counsel Buy Form

Exhibit 12B
- Letter Agreement Regarding Lawyer Serving on Board of Directors Buy Form

Exhibit 12C
- Consent to Representation When General Counsel Is a Shareholder or Is Investing in the Corporation on Formation Buy Form

Chapter 13 expand

Ethics Issues in Insurance Defense
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Anthony E. Abeln, Esq., Morrison Mahoney LLP
Alan Everett Brown, Esq., Morrison Mahoney LLP

Chapter 14 expand

Ethics Issues for Personal Injury Lawyers
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Philip N. Beauregard, Esq., Beauregard, Burke & Franco
Michael Franco, Esq., Beauregard, Burke & Franco

Exhibit 14A
- Mass. R. Civ. P. 1.5(f), Form A Buy Form

Exhibit 14B
- Mass. R. Civ. P. 1.5(f), Form B Buy Form

Exhibit 14C
- Contingent Fee Letter Buy Form

Chapter 15 expand

Ethics Issues in Intellectual Property
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Jerry Cohen, Esq., Burns & Levinson LLP

Chapter 16 expand

Ethics in Estate Planning
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Melissa Langa, Esq., Bove Langa Witherell & Soiffer
Molly R. Soiffer, Esq., Bove Langa Witherell & Soiffer P.C.

Exhibit 16A
- Sample Physician Statement (Client Competent) Buy Form

Exhibit 16B
- Sample Physician Statement (Client Not Competent) Buy Form

Exhibit 16C
- Sample Engagement Letter for Spouses (Joint Representation) Buy Form

Exhibit 16D
- Sample Withdrawal Letter When a Joint Representation Fails Buy Form

Exhibit 16E
- Checklist for Joint Representation Buy Form

Exhibit 16F
- Guide for Representing Members of the Same Family Buy Form

Exhibit 16G
- Sample Conflict Waiver Buy Form

Exhibit 16H
- Excerpt from “Representing Clients with Diminished Capacity,” by Constance V. Vecchione, Esq. Buy Form

Chapter 17 expand

Ethics Issues for Divorce and Family Lawyers
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Donald L. Pitman, III, Esq., The Pitman Law Offices LLC

Chapter 18 expand

Ethics Issues for Government Lawyers
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Joseph M. Makalusky, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers
Tasha Marshall, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 19 expand

Ethics Issues for Real Estate Lawyers
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Adam C. LaFrance, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers

Chapter 20 expand

Ethics Issues for Civil Litigators
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Daniel K. Gelb, Esq., Gelb & Gelb LLP
Gail Kleven Gelb, Esq., Gelb & Gelb LLP
Richard M. Gelb, Esq., Gelb & Gelb LLP

Chapter 21 expand

Criminal Trial Practice
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Stuart M. Hurowitz, Esq., Committee for Public Counsel Services

Exhibit 21A
- Resources Buy Form

Chapter 22 expand

Ethics, Risk, and Malpractice Avoidance
Buy Chapter
James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP
Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP

Checklist 22.1
- Prospective Client Checklist Buy Form

Checklist 22.2
- Documentation Checklist Buy Form

Checklist 22.3
- Office Telephone Procedures Checklist Buy Form

Checklist 22.4
- Confidentiality Checklist Buy Form

Checklist 22.5
- Conflicts Checklist Buy Form

Checklist 22.6
- Basic Law Office Requirements Checklist Buy Form

Exhibit 22A
- Multiple Representations Create Conflict Hazards Buy Form

Exhibit 22B
- First American Title Insurance Company Agency Review Summary Buy Form

Exhibit 22C
- Loss Prevention Self-Audit Buy Form

Exhibit 22D
- Ten Ways to Decrease Stress . . . and Avoid Legal Malpractice Buy Form

Exhibit 22E
- Sample Conflicts Check Form Buy Form

Exhibit 22F
- Outline of Massachusetts Legal Malpractice Law Buy Form

Exhibit 22G
- Twenty-four Top Rules of the Road Buy Form

Exhibit 22H
- Discipline and Malpractice Standards: When Rules Catch Up with Reality (“World Series” Edition) Buy Form

Exhibit 22I
- You Mail, I Mail, We All Send Email Buy Form

Exhibit 22J
- “In-House” and “Out-House”4 Buy Form

Exhibit 22K
- Sample Client Fee Agreement Buy Form

Exhibit 22L
- Sample Records Management Policy Buy Form

Chapter 23 expand

Researching Ethics Issues
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Paul R. Tremblay, Esq., Boston College Law School

Appendices expand

Appendices
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Appendix A
- Self-Audits for Law Offices Buy Form

Appendix B
- SJC Rule 3:16: Practicing with Professionalism Course for New Lawyers Buy Form

Appendix C
- MBA Statement on Lawyer Professionalism Buy Form

Appendix D
- Civility Guidelines for Family Law Attorneys Buy Form

Appendix E
- List of Ethics Research Websites and Resources Buy Form
Editors & Authors

Editor(s)

James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton

Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton Centre

Author(s)

Anthony E. Abeln, Esq., Morrison Mahoney LLP, Boston

Philip N. Beauregard, Esq., Beauregard, Burke & Franco, New Bedford

James S. Bolan, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton

Alan Everett Brown, Esq., Morrison Mahoney LLP, Boston

Jerry Cohen, Esq., Burns & Levinson LLP, Boston

Timothy J. Dacey, III, Esq., Goulston & Storrs, PC, Boston

Michael Franco, Esq., Beauregard, Burke & Franco, New Bedford

Daniel K. Gelb, Esq., Gelb & Gelb LLP, Beverly

Gail Kleven Gelb, Esq., Gelb & Gelb LLP, Beverly

Richard M. Gelb, Esq., Gelb & Gelb LLP, Beverly

Sara N. Holden, Esq., Brecher, Wyner, Simons, Fox & Bolan LLP, Newton Centre

Stuart M. Hurowitz, Esq., Committee for Public Counsel Services, Worcester

Holly Jones, Maselan & Jones, PC, Boston

Gwen Nolan King, Esq., Nolan King Law, Weston

David A. Kluft, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Adam C. LaFrance, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Melissa Langa, Esq., Bove Langa Witherell & Soiffer, Boston

Heather L. LaVigne, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Joseph M. Makalusky, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Tasha Marshall, Esq., Office of Bar Counsel, Massachusetts Board of Bar Overseers, Boston

Mary A. McCooe, Esq., Maselan & Jones, PC, Boston

Donald L. Pitman, III, Esq., The Pitman Law Offices LLC, Newburyport

Gilda Tuoni Russell, Los Angeles

Molly R. Soiffer, Esq., Bove Langa Witherell & Soiffer P.C., Boston

Paul R. Tremblay, Esq., Boston College Law School, Newton Centre

Jeffrey D. Woolf, Esq., Office of the General Counsel, Massachusetts Board of Bar Overseers, Boston

TOP

Ethical Lawyering in Massachusetts

Use the court's equity power to achieve results

Ethical Lawyering in Massachusetts

Use the court's equity power to achieve results

Your Selection:

Product Description

Recent updates:

Table of Contents

Sources of Ethical Authority in Massachusetts

Lawyer Marketing

Taking the Case: Conflicts of Interest

The Attorney-Client Relationship

Exhibit 4A

Exhibit 4B

Fee Agreements

Exhibit 5A

Exhibit 5B

Exhibit 5C

Duties to Clients

Duties to Colleagues

Duties to Courts

Duties to Third Parties

Getting Paid

The Disciplinary Process

Exhibit 11A

Exhibit 11B

Exhibit 11C

Ethics Issues for Business Lawyers

Exhibit 12A

Exhibit 12B

Exhibit 12C

Ethics Issues in Insurance Defense

Ethics Issues for Personal Injury Lawyers

Exhibit 14A

Exhibit 14B

Exhibit 14C

Ethics Issues in Intellectual Property

Ethics in Estate Planning

Exhibit 16A

Exhibit 16B

Exhibit 16C

Exhibit 16D

Exhibit 16E

Exhibit 16F

Exhibit 16G

Exhibit 16H

Ethics Issues for Divorce and Family Lawyers

Ethics Issues for Government Lawyers

Ethics Issues for Real Estate Lawyers

Ethics Issues for Civil Litigators

Criminal Trial Practice

Exhibit 21A

Ethics, Risk, and Malpractice Avoidance

Checklist 22.1

Checklist 22.2

Checklist 22.3

Checklist 22.4

Checklist 22.5

Checklist 22.6

Exhibit 22A

Exhibit 22B

Exhibit 22C

Exhibit 22D

Exhibit 22E

Exhibit 22F

Exhibit 22G

Exhibit 22H

Exhibit 22I

Exhibit 22J

Exhibit 22K

Exhibit 22L

Researching Ethics Issues

Appendices

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Editor(s)

Author(s)