The Massachusetts Basic Practice Manual gives you immediate access to your own instant law library in the most important areas of solo and small firm practice - over 500 pages of substantive law and practice guidance. This manual addresses the challenges most important for lawyers on the front lines of today's legal practice, such as drafting a will or a trust, helping a client buy a home, trying a case, and handling a client's divorce. This focus on primary practice areas has been intensified with the addition of materials for landlord-tenant law, zoning, LLC formation, and workers' compensation. With essential citations, downloadable forms, checklists, and step-by-step explanations, the Massachusetts Basic Practice Manual is an indispensable resource for Massachusetts attorneys.An Instant Law Library
Table of Contents
Chapter 01 - Drafting Simple Will and Trust ClausesEmily Parker Beekman, Esq.,
Corient
Tracy A. Craig, Esq.,
Seder & Chandler
Lisa M. Neeley, Esq.,
Rubin and Rudman LLP
Checklist 1.1 - Checklist of Health-Care Proxy Issues
Exhibit 1A - Simple Will
Exhibit 1B - Will with Residuary Trust
Exhibit 1C - Authorization and Consent for Release of Electronically Stored Information
Exhibit 1D - Alternative Sample Language for Spray Trust with Separate Shares When Oldest Is Age Twenty-Two with Powers of Withdrawal
Exhibit 1E - Codicil (Modifying Simple Will)
Exhibit 1F - Durable Power of Attorney to Take Effect Immediately and Name an Alternate Attorney in Fact
Exhibit 1G - Durable Power of Attorney to Take Effect on Incapacity
Exhibit 1H - Health-Care Proxy
Exhibit 1I - Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST)
Exhibit 1J - Authorization for Release and Disclosure of Health Information
Exhibit 1K - Ten Frequently Asked Questions
Exhibit 1L - Bibliography
Chapter 02 - The Probate and Administration of Estates in Massachusetts
Darian M. Butcher, Esq.,
Butcher Law LLC
Jennifer D. Taddeo, Esq.,
Estatewise Advisory LLC
Exhibit 2A - Voluntary Administration Statement
Exhibit 2B - Petition for Informal Probate of Will
Exhibit 2C - Bond
Exhibit 2D - Military Affidavit
Exhibit 2E - Order of Informal Probate of Will
Exhibit 2F - Notice of Informal Probate
Exhibit 2G - Assent and Waiver of Notice/Renunciation/Waiver of Sureties/Nomination
Exhibit 2H - Informal Probate Publication Notice
Exhibit 2I - Petition for Formal Probate of a Will
Exhibit 2J - Decree and Order on Petition for Formal Adjudication
Exhibit 2K - Petition for Appointment of Special Personal Representative
Exhibit 2L - Petition for a License to Sell for the Payment of Debts
Exhibit 2M - Petition for a General License to Sell
Exhibit 2N - Representation of Insolvency
Exhibit 2O - Personal Representative’s Affidavit of Notice to Creditors of Representation of Insolvency
Exhibit 2P - Decree and Order of Insolvency
Exhibit 2Q - Table Showing Order of Priority Among Kindred
Exhibit 2R - Inventory
Exhibit 2S - Account
Exhibit 2T - Petition for Allowance of Account
Exhibit 2U - Closing Statement
Exhibit 2V - Small Estate Closing Statement
Exhibit 2W - Petition for Order of Complete Settlement
Exhibit 2X - Decree and Order for Complete Settlement
Chapter 03 - An Overview of the Attorney’s Role in Residential Real Estate Transactions
Keira F. Gibson, Esq.,
Kajko, Weisman & Colasanti LLP
Richard Keshian, Esq.,
Kajko, Weisman & Colasanti LLP
Checklist 3.1 - Purchase and Sale Conference Checklist for Representing Seller
Checklist 3.2 - Buyer’s Checklist for Purchase and Sale Agreement
Checklist 3.3 - Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist for Purchase and Sale Agreement)
Checklist 3.4 - Checklist of Typical Contents of Initial Letter to Seller Client
Checklist 3.5 - Checklist of Typical Contents of Initial Letter to Buyer Client
Chapter 04 - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies
Catherine F. Downing, Esq.,
Downing Van Dyke LLC
James M. McCreight, Esq.,
Greater Boston Legal Services
Checklist 4.1 - Checklist for Notice Required from Storage Facility Holding Evicted Defendant’s Possessions
Exhibit 4A - Rental Application
Exhibit 4B - Request for Prior Landlord Reference
Exhibit 4C - Licensee Agreement
Exhibit 4D - Tenancy-at-Will
Exhibit 4E - Standard Form Apartment Lease
Exhibit 4F - Rent and Security Deposit Receipt
Exhibit 4G - Apartment Condition Statement
Exhibit 4H - Security Deposit Return Form
Exhibit 4I - Housing Court Standing Orders Nos. 1-23 and 6-20
Exhibit 4J - Notice to Quit Terminating Tenancy-at-Will
Exhibit 4K - Notice to Quit Tenancy-at-Will with Offer of New Tenancy
Exhibit 4L - Notice to Quit for Lease Violation
Exhibit 4M - Rental Period Notice to Quit
Exhibit 4N - Use and Occupancy Letter
Exhibit 4O - Notice to Quit for Nonpayment of Rent
Exhibit 4P - Housing Court Standing Order No. 1-20
Exhibit 4Q - Summary Process Summons and Complaint
Exhibit 4R - Housing Court Standing Order No. 1-01
Exhibit 4S - Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit
Exhibit 4T - MLRI Discovery Booklet
Exhibit 4U - Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel
Chapter 05 - Procedures for Obtaining Variances and Special Permits
Michael K. Murray, Esq.,
Nixon Peabody LLP
Nicholas P. Shapiro, Esq.,
Phillips & Angley
Chapter 06 - Divorce Demystified
David M. Bilodeau, Esq.,
Goldstein & Bilodeau, PC
Lisa Zuckerman, Esq.,
Zuckerman Law Group
Checklist 6.1 - Important Issues in Divorce Practice
Checklist 6.2 - Thirty Days Until Trial
Exhibit 6A - Client Questionnaire
Exhibit 6B - Client’s Memorandum on Divorce
Exhibit 6C - Client’s Memorandum on Children’s Concerns During Divorce
Exhibit 6D - Child Support Guidelines
Exhibit 6E - Child Support Guidelines Worksheet
Exhibit 6F - Sample Separation Agreement
Exhibit 6G - Joint Petition for Divorce
Exhibit 6H - Complaint for Divorce
Exhibit 6I - Financial Statement (Long Form and Short Form)
Exhibit 6J - Uniform Counsel Certification Form
Exhibit 6K - Standing Order 1-06
Exhibit 6L - Ten Frequently Asked Questions
Chapter 07 - Organizing a Massachusetts Business
James R. Burke, Esq.,
Portia S. Keady, Esq.,
Nutter McClennen & Fish LLP
Christopher S. McLoon, Esq.,
Cozen & O'Connor
Francesca Oliveira,
Nutter McClennen & Fish LLP
David A. Parke, Esq.,
Bulkley, Richardson and Gelinas LLP
Exhibit 7A - Sample Consent of Sole Incorporator
Exhibit 7B - Sample Articles of Organization
Exhibit 7C - Sample Bylaws
Exhibit 7D - Sample Consent of Directors
Exhibit 7E - Partnership Example LLC
Exhibit 7F - Corporate Model LLC
Exhibit 7G - Shortform Associates LLC
Exhibit 7H - Initial LLC
Exhibit 7I - Default Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C)
Exhibit 7J - Mandatory Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C)
Exhibit 7K - Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Requiring a Writing
Chapter 08 - An Overview of Bankruptcy Practice in Massachusetts
Olga L. Gordon, Esq.,
Murtha Cullina LLP
Chapter 09 - Preparing and Trying a Civil Case
Jeffrey C. Melick, Esq.,
Kajko, Weisman & Colasanti LLP
Checklist 9.1 - Documents for Personal Injury Cases
Exhibit 9A - Motion for Separate Entry of Final Judgment
Exhibit 9B - Order for Separate Entry of Final Judgment
Exhibit 9C - Special Verdict Questions for the Jury
Exhibit 9D - Ten Frequently Asked Questions
Chapter 10 - Successfully Defending an OUI Case
Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC
Checklist 10.1 - Successfully Defending an OUI Case
Checklist 10.2 - Expert Qualification - Establishing Expertise
Exhibit 10A - Model Jury Instruction 3.200, Operation of a Motor Vehicle
Exhibit 10B - Model Jury Instruction 3.280, Public Way
Exhibit 10C - Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater
Exhibit 10D - Model Jury Instruction 5.400, Operating Under the Influence of Drugs
Exhibit 10E - Motion in Limine to Exclude Horizontal Nystagmus Test
Exhibit 10F - Motion to Inspect Evidence and Reports
Exhibit 10G - Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30-31 (Mass. Dist. Ct., Boston Mun. Ct. Feb. 16,
Exhibit 10H - Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. Jan. 9, 2019) (Ananias II)
Exhibit 10I - Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. July 29, 2019) (Ananias III)
Exhibit 10J - Areas of Breathalyzer Expert Testimony
Exhibit 10K - Proposed Jury Instructions of Defendant
Exhibit 10L - Motion and Order for Return of License Following a Finding of Not Guilty
Exhibit 10M - Ten Frequently Asked Questions
Chapter 11 - Introduction to the Practice of Employment Law
Brian J. MacDonough, Esq.,
Sherin and Lodgen LLP
Checklist 11.1 - A Massachusetts Employment Lawyer’s Checklist: Claims, Defenses, and Counterclaims
Exhibit 11A - Ten Frequently Asked Questions Regarding Employment Law
Exhibit 11B - MCAD Procedures for Private Complaints
Chapter 12 - Workers’ Compensation Practice: Initial Steps in Representing Claimants, Employers, and Insurers
Joseph F. Agnelli, Jr., Esq.,
Agnelli Law Offices, PC
Scott E. Richardson, Esq.,
The Law Offices of Steven B. Stein
Checklist 12.1 - Checklist for Initial Interview Regarding Workers’ Compensation Claim
Checklist 12.2 - Checklist for Filing a Workers’ Compensation Claim
Exhibit 12A - DIA Form 115 (Third Party Claim/Notice of Lien)
Exhibit 12B - DIA Form 114 (Notice of Change/Appearance of Counsel)
Exhibit 12C - DIA Form 110 (Employee’s Claim)
Exhibit 12D - DIA Form 104 (Insurer’s Notification of Denial)
Exhibit 12E - DIA Form 126 (Employee’s Earning Report)
Authors
Author(s)Joseph F. Agnelli, Jr., Esq.,
Agnelli Law Offices, PC, Worcester
Emily Parker Beekman, Esq.,
Corient, Boston
Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC, Springfield
David M. Bilodeau, Esq.,
Goldstein & Bilodeau, PC, Newtonville
James R. Burke, Esq.,
Darian M. Butcher, Esq.,
Butcher Law LLC, Boston
Tracy A. Craig, Esq.,
Seder & Chandler, Worcester
Catherine F. Downing, Esq.,
Downing Van Dyke LLC, Natick
Keira F. Gibson, Esq.,
Kajko, Weisman & Colasanti LLP, Lexington
Olga L. Gordon, Esq.,
Murtha Cullina LLP, Boston
Portia S. Keady, Esq.,
Nutter McClennen & Fish LLP, Boston
Richard Keshian, Esq.,
Kajko, Weisman & Colasanti LLP, Lexington
Brian J. MacDonough, Esq.,
Sherin and Lodgen LLP, Boston
James M. McCreight, Esq.,
Greater Boston Legal Services, Boston
Christopher S. McLoon, Esq.,
Cozen & O'Connor, Washington
Jeffrey C. Melick, Esq.,
Kajko, Weisman & Colasanti LLP, Lexington
Michael K. Murray, Esq.,
Nixon Peabody LLP, Boston
Lisa M. Neeley, Esq.,
Rubin and Rudman LLP, Boston
Francesca Oliveira,
Nutter McClennen & Fish LLP, Boston
David A. Parke, Esq.,
Bulkley, Richardson and Gelinas LLP, Springfield
Scott E. Richardson, Esq.,
The Law Offices of Steven B. Stein, Boston
Nicholas P. Shapiro, Esq.,
Phillips & Angley, Boston
Jennifer D. Taddeo, Esq.,
Estatewise Advisory LLC, Cambridge
Lisa Zuckerman, Esq.,
Zuckerman Law Group, Newtonville
