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Lawyers, including defense lawyers in civil cases, have a duty of loyalty to a client. That loyalty is described by the Supreme Judicial Court in its commentary to the Ethical Rules as “an essential element.” Given that the liability insurer pays the defense lawyer and indeed hires him/her, a reasonable question arises as to whether […]

The great philosopher Yogi Berra once said about his profession, “Baseball is 90% mental, and the other half is physical.” As you will note, this adds up to more than 100%. A well known teacher of evidence who has served as a judge for three decades once told me that between facts and law, facts […]

A number of lawyers have mentioned to me over the years that federal court is an option where the defendant cannot be sued in Massachusetts. Frankly, this is a misperception of civil procedure law. The federal court can exercise no greater in personam jurisdiction than the state court. There are constitutional considerations, specifically the due […]

In a personal injury claim brought as a result of a fall on property, such as in a parking lot, the courts will consider whether the defendant had failed to delineate the blocks [the plaintiff having fallen over an automobile bumper block] from the surface of the lot by use of contrasting color or other […]

In the chess match that can take place in the course of litigating personal injury cases, one topic has especially fascinated me. It involves the situation where you sue two defendants but settle prior to the trial with one of them. The Supreme Judicial Court has clarified an ambiguity which carried into the 1990s. That […]

The ethical rules permit an attorney who is hired on a contingent fee basis to advance costs in the pursuit of the case. Such costs would not include bills for medical treatment, but do include the costs of litigation, such as expert witness fees (including medical evaluations), court filing fees, depositions, investigations, etc. Our firm […]

Both bodies of the Massachusetts legislature recently passed bills banning texting while driving a motor vehicle. Governor Patrick has not expressly supported either bill but has voiced support for a ban on driving while texting. The movement to ban texting while operating a motor vehicle has been gathering strength over the past couple of years […]

The Massachusetts Bar Association publishes a book, “Traps for the Unwary.” That is a great title. There are many traps which can ensnare those who are unwary and even those who feel they are wary. One of the absolute trickiest involves cruise ships. Some people may be going on cruises at this time. They should […]

To the surprise of many, Massachusetts does not have a continuing legal education requirement. Most states do. Whether a requirement or not, a consumer has every right to expect his/her personal injury lawyer to be well-versed in the developing law and in the latest legal trends. Can you imagine having your tooth extracted by an […]

Psychologists and consultants examine all kinds of human behavior and the courtroom is no exception. In psychology, I recall learning the concept of primacy and recency. Essentially that means what people hear first and last are of greatest significance. As a result, I was not completely surprised when I learned more than 20 years ago […]