Residential tenants cannot generally obtain legal representation. The Massachusetts Trial Court, Department of Research and Planning statistics for 2023 report that over 95% of tenants in eviction cases were unrepresented. Tenants often have serious claims but cannot always obtain counsel in cases where their shelter is at risk or where they are living in seriously substandard housing.
Massachusetts has several “fee-shifting” statutes that require the defendant to pay the plaintiff’s reasonable attorney fees and costs if the plaintiff wins. These laws enable attorneys to pursue meritorious claims and recover for their time and expenses regardless of the tenant’s ability to pay an hourly retainer. The fee-shifting statues allow low-income tenants to retain their homes, obtain repairs for dangerous and unsafe conditions, prevent housing discrimination, and stop illegal lockouts. Without attorneys, these rights are often not enforced; fee-shifting allows attorneys to provide tenants with access to justice.
Learn from two attorneys who sustain viable “fee-shifting” practices and discuss the proper analysis for case selection, including where to file cases and how to litigate them.
Massachusetts has several “fee-shifting” statutes that require the defendant to pay the plaintiff’s reasonable attorney fees and costs if the plaintiff wins. These laws enable attorneys to pursue meritorious claims and recover for their time and expenses regardless of the tenant’s ability to pay an hourly retainer. The fee-shifting statues allow low-income tenants to retain their homes, obtain repairs for dangerous and unsafe conditions, prevent housing discrimination, and stop illegal lockouts. Without attorneys, these rights are often not enforced; fee-shifting allows attorneys to provide tenants with access to justice.
Learn from two attorneys who sustain viable “fee-shifting” practices and discuss the proper analysis for case selection, including where to file cases and how to litigate them.
Course Content
12:05 - 12:30 pmResidential Tenant Claims: Summary of Basic Claims, Elements, How to Calculate Damages, and Practice Tips
Substandard housing conditions and sanitary code violationsBreach of Warranty of HabitabilityInterference with Quiet EnjoymentUtility and lead paint claimsSecurity DepositsIllegal Lockouts & Self-Help evictionsDiscriminationRetaliation93A
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
Edward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
12:30 - 12:55 pm
Residential Tenant Claims: Case Selection and Filing Considerations
Considerations when selecting cases to take on a fee shifting basisBest practices for intake, case review, and gathering information prior to decidingLook at defendantsCome up with criteria that can be used to select good casesWhere to File as case selectionMaking sure you name the correct DefendantsPractice tips on case selection and viability
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
Edward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
12:55 - 1:15 pm
Residential Tenant Claims: Fee Shifting Statutes and Criteria that Courts Use in Reviewing Fee Petitions
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
Edward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
1:15 - 1:40 pm
Residential Tenant Claims: Fee Shifting Work in Settlement and Negotiations
Damages available to the plaintiffSetting settlement parameters for negotiationMediation practice tipsFees as part of negotiations/mediationsDrafting settlement agreements and important provisions
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
Edward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
1:40 - 1:55 pm
Residential Tenant Claims: Practical Tips for a Successful Fee Shifting Practice
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
Edward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
1:55 - 2:00 pm
'Ask the Experts' Q&A Session and Key Takeaways
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
Edward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speakers
ChairEdward A. Rice, Esq.,
Broderick Bancroft & Saccardi, Somerville
Faculty
Joel H. Feldman, Esq.,
Heisler & Feldman, PC, Springfield
