Author Archives: George Bourguignon
If a third party pays for the legal representation of another person, are they entitled to keep tabs on the case and have input in decisions and actions taken?
No. It is common for some potential clients that need legal help to seek and need a third party to pay for the legal representation. In that case, it is also common for that third party payer to expect to have access to the communications between the attorney and client and have input on decision […]
The answer is the expedited appeal under Rule 8A of the Massachusetts District/Municipal Courts Rules for Appellate Division Appeals. An appeal under this rule was designed to be the fastest of the three avenues of appeal of a district court decision, namely the expedited appeal under Rule 8A, the agreed statement of the case under […]
Maybe, to a limited extent, and likely only after it has been determined that the speech is in fact defamatory. Keep in mind, we are discussing a different type of relief than what one can obtain through typical restraining and harassment protection orders under Mass. Gen. Laws c. 209A and c. 258E. What we are […]
What are the legal steps that a mortgage lender has to satisfy in order to properly foreclose on my home in Massachusetts?
Initially, one must understand that Massachusetts is one of the states that allows a mortgage lender to avoid filing suit in court to obtain approval to foreclose, etc. For this reason, Massachusetts is known as a “non-judicial foreclosure” state. Mortgage lenders in Massachusetts almost always have what is known as the “power of sale” in […]
26 May 2015 Answer: It depends. Statements that are determined to strictly be the expression of an opinion after all underlying facts are presented are not actionable. However, someone simply couching a defamatory statement as an opinion does not make it an opinion and is actionable. It takes a legal analysis and legal opinions on […]
I have a legal controversy or disagreement that I want resolved but there is no pending court case, how do I resolve it?
12 May 2015 Answer: File for a declaratory action under chapter 231A section 1 of the Massachusetts General Laws. Many people face the situation of having a legal conflict or disagreement and want it resolved, but if there is no pending civil action, they are left with uncertainty. They are unaware of how to resolve […]
4 April 2015 Initially, you must diagnose what the problem is. Is this a case of some legitimate impropriety with the filing and the clerk’s office has the right or obligation to reject it or is it a clerk’s office overstepping its authority? To investigate this, you will need to be able to articulate exactly […]
13 March 2015 There are many different courts in Massachusetts, the Land Court, Probate and Family Court, Housing Court, Juvenile Court, Small Claims Court (which is really part of the District Court), District Court, Boston Municipal Court (which is almost just the same as the District Court), Superior Court. There is also the Medical Malpractice […]
A 1099C form just came in the mail, is this cancellation of debt (COD) income? And if so, what are the tax ramifications?
19 February 2015 This is the time of year that people are taking a look at the tax documents they have received and one of these can be a 1099C from. This is an entity claiming that it forgave/cancelled debt owed by you to it. The cancellation of this debt is generally taxable. (But wait […]
Does a violation of the Fair Debt Collection Practices Act (of the federal law) constitute a violation of the Massachusetts Consumer Protection Act?
20 January 2015 Yes. Just before 2014 ended the Court of Appeals for the First Circuit issued McDermott v. Marcus ruling that a violation of the Fair Debt Collection Practices Act is a per se violation of the Massachusetts Consumer Protection Act, specifically, Mass. Gen. Laws c. 93A § 2. McDermott v. Marcus, Case No. […]