William M. Driscoll’s Answers

William M. Driscoll

Chelmsford Appeals Lawyer.

Contributor Level 8
  1. I wrote an Appellee Brief . Appellant's Counsel sent a Notice to Strike to the Appeal Court . What is that and what do I do ?

    Answered over 1 year ago.

    1. William M. Driscoll
    2. Robert Winford Carpenter
    3. Melissa Anne Levine-Piro
    4. Joshua Sachs
    5. Henry Lebensbaum
    5 lawyer answers

    I will answer under the assumption that your appeal is filed in the Massachusetts appellate court. The Clerk's Office checks to see that your brief is in rough compliance with the rules. They do not analyze your brief for content, substance, or legal backing (i.e., citation). As Appellee, you wrote a response brief to the opposition's opening brief. What did Appellant counsel state for the reason for striking your brief? It is not Appellant counsel's decision whether your brief is...

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  2. Can someone reduce child support without the other parent knowing or agreeing? Says she went to court, but no papers were sent?

    Answered 7 months ago.

    1. William M. Driscoll
    2. Joshua N Robbins
    3. Anthony Rao
    4. Robert Winford Carpenter
    5. Michael J. Szklasz
    5 lawyer answers

    She needs to officially serve you with a copy of the complaint, etc. You can visit the court and look up your case by the docket number of your divorce to see if anything has been filed.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is use of a condom a valid legal defense in pregnancy cases?

    Answered 7 months ago.

    1. William M. Driscoll
    2. Michael A. Satterwhite
    3. Anthony Rao
    4. Sanaz Banu Nikaein
    5. Valerie Semmes Bouffiou
    5 lawyer answers

    The law of paternity is designed to identify the biological parents of a child. Public policy requires that the child be supported as fully as possible by its parents (assenting or found through paternity). There are several constitutionally protected rights granted to biological parents. Your proposition seeks to offend public policy by offering an "out" for biological parenthood. If you seek a defense then it is to the results of a paternity test because the results are not an all-or-...

    5 lawyers agreed with this answer

  4. I wrote a brief for an appeal. Appellant's lawyer wrote 2 motions to have it stricken. Do I have to write another one?

    Answered over 1 year ago.

    1. William M. Driscoll
    2. Emma A. Kremer
    3. Robert A Stolzberg
    4. Daniel DeMaria
    5. John Michael Goggins
    5 lawyer answers

    If I understand you correctly, your brief is non-compliant and therefore not acceptable. The clerk's office is very good about explaining such situations; what occurred, why, and what needs to be done. You should consult with an appellate attorney who can advise you after hearing what it is you are seeking to accomplish.

    5 lawyers agreed with this answer

  5. How can one decipher if a divorce attorney has specific expertise in appeals court? Is it called appellate lawyer?

    Answered over 1 year ago.

    1. William M. Driscoll
    2. Terri D. Leary
    3. E. Alexandra Golden
    4. Henry Lebensbaum
    5. Anthony Rao
    6. ···
    7 lawyer answers

    Handling an appeal is significantly different than handling a trial court matter. The procedures of the appellate court are completely different and very detail oriented. Many trial attorneys simply cannot carve out the significant blocks of time required to properly research and draft an appellate level work product. Their time is focused on the real-time interruptions inherent in a busy trial court schedule with a full load of trial court clients. I handle civil appeals (i.e., not...

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  6. Is a Chiropractor a Doctor?

    Answered 10 months ago.

    1. Robert A Stolzberg
    2. Stephen Charles Cooper
    3. Catherine Elizabeth Bennett
    4. Joshua Sachs
    5. William M. Driscoll
    6. ···
    8 lawyer answers

    You do not state the type of action or the court involved. Is this a Social Security Disability claim? A workers compensation claim? A personal injury claim? Etc. The specifics of your case may be valuable to answering your question. The prior answers provided insight into other issues, namely the difference between a chiropractor and a medical doctor as well as the weight provided different forms of evidence. Consult an attorney to obtain legal advice specific to your situation--there is...

    4 lawyers agreed with this answer

  7. Is it important that an appellate/ appeals lawyer reside and practice in the same state as the potential client?

    Answered 11 months ago.

    1. William M. Driscoll
    2. Terry David Horner
    3. Joshua Sachs
    4. Michael P. Gerace
    5. Stephen Charles Cooper
    5 lawyer answers

    No. What is relevant is: (1) The location of the court from which the case is appealed; (2) Whether it is a state or federal court; and, (3) Whether it is a specialized case. You indicate a probate/divorce matter on appeal--that is, with few exceptions, state law in the state court. An appellate attorney who practices regularly in that jurisdiction's appellate court would be much more familiar with the requisite practice and procedure. They will likely have more experience with the law...

    4 lawyers agreed with this answer

  8. How do I respond to a Notice of Entry regarding an appeal of a Restraining Order? I am the appeallee.

    Answered almost 2 years ago.

    1. William M. Driscoll
    2. Henry Lebensbaum
    3. Robert A Stolzberg
    3 lawyer answers

    If you are talking about a 209A restraining order issued by a Massachusetts trial court then the issuance can be appealed to the Massachusetts Appeals Court. It proceeds as would any other State court appeal. A Notice of Appeal is filed by the party appealing. The appealing party then obtains a copy of the restraining order hearing audio recording and pays to have it transcribed into a written record which is then filed with the trial court. Once complete, the trial court will notify the...

    4 lawyers agreed with this answer

  9. How do I appeal a child support order from DOR?

    Answered almost 2 years ago.

    1. Todd Allen Davidson
    2. William M. Driscoll
    3. Anton R. Reinert
    3 lawyer answers

    To appeal a child support judgment you must file a timely Notice of Appeal in the trial court that issued the judgment. If you are considering an appeal then contact an appeals lawyer immediately! Not all cases that can be appealed should be appealed. When you discuss your situation with an appeals lawyer they will provide you with an opinion as to whether you have a case that warrants appeal (i.e., not frivolous) and provide you with an opinion as to the legal fee and cost involved in...

    4 lawyers agreed with this answer

  10. Notice of appeal filed, time to file initial brief but lower ct has not assembled the record. Would motion to compel be correct

    Answered over 1 year ago.

    1. Keith G Langer
    2. William M. Driscoll
    3. Joshua Sachs
    4. Robert A Stolzberg
    5. Henry Lebensbaum
    6. ···
    6 lawyer answers

    If you are speaking of an appeal entered in the Massachusetts Appeals Court then the entry should not occur until after the trial court has assembled the record and transmitted a notice to the Appeals Court and the parties. do you mean that there is something missing from the record, a transcript perhaps? When you say it is time to file the initial brief, do you mean that is is now due or that it needs to be written? A call to an appeals lawyer would address your concerns. Timing in the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful