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Hether Cahill

Hether Cahill

also known as Ann Hetherwick Cahill

Practice areas:

Probate, Appeals, Family, Litigation

About Me

 Ann Hetherwick (“Hether”) Cahill’s litigation practice focuses on probate and trust litigation, family law, civil and criminal appeals, and business litigation.  In probate litigation matters, Hether has represented clients in will contests, actions involving the interpretation and termination of trusts, and trustee removal actions.  She has represented fiduciaries and beneficiaries regarding the proper administration of trusts and estates.  Matters representative of her probate practice include: 



  • winning summary judgment on behalf of a client involved in a will contest, resulting in the Probate and Family Court striking the objector’s affidavit of objections and appointing our client as personal representative of the estate;

  • obtaining settlement of a multi-party will contest involving cross-petitions to probate two different wills, resulting in the appointment of a neutral personal representative;

  • obtaining settlement of an estate mismanagement action on behalf of our client, the sole beneficiary of a large estate, including obtaining a court-ordered removal of the personal representative; and

  • winning summary judgment on behalf of our clients, professional trustees, thereby dismissing claims for breach of fiduciary duty and violation of the Massachusetts consumer protection statute made by the income beneficiary alleging that she was denied discretionary distributions of trust principal, and obtaining a voluntary dismissal of the remaining claim for removal.


 


As a former law clerk on the Massachusetts Appeals Court, Hether utilizes her appellate experience and research and writing skills to represent both appellants and appellees.  She is a member of the post-conviction panel of the Committee for Public Counsel Services to represent criminal defendants on appeal.  Hether’s appellate experience includes:



  • at the Supreme Judicial Court, winning an appeal on behalf of a client, a corporate board member, where no evidence supported the trial judge’s finding that he acted with “actual malice,” the heightened burden a plaintiff must prove in asserting a claim of tortious interference with contractual relations.  The Supreme Judicial Court vacated the judgment, as well as all related awards of damages and attorney’s fees, in favor of our client; and

  • at the Massachusetts Appeals Court, obtaining an affirmance of a trial court order denying the defendant’s motion to set aside a multi-million dollar judgment, which had been awarded to our client.


 


Hether is ranked at the highest level of legal ability and ethics, “AV,” in the benchmark Martindale-Hubbell Law Directory.  In 2009, 2011, and 2012, Hether was named a “Rising Star” in the “Massachusetts Super Lawyers” list published by the Thomson Reuters rating service in Boston Magazine.  The Rising Star award is limited to 2.5% of lawyers in Massachusetts under the age of 40 who have been practicing for less than 10 years. 


 


In 2014, Hether was selected to join the Editorial Board of the Massachusetts Law Review, the longest continually run law review in the country.


Her publications include:



  • Case Comment: “Abolishing the Distinction Between Natural and Unnatural Accumulations of Snow and Ice When Determining Negligence of Property Owner, Papadopoulos v. Target Corp., 457 Mass. 368 (2010),” 94 Mass. L. Rev. No. 1, 20 (Sept. 2011);

  • Book Review:  “When Law Fails: Making Sense of Miscarriages of Justice,” 93 Mass. L. Rev. No. 1, 261 (June 2010) (reviewing Charles J. Ogletree and Austin Sarat);

  • Case Comment:  “Combining Non-Consecutive Periods of Employment to Qualify as ‘Eligible Employee’ under the Family Medical Leave Act, Rucker v. Lee Holding Co., 471 F.3d 6 (1st Cir. 2006),” 91 Mass. L. Rev. No. 4, 182 (Jan. 2009);

  • Article:  “Admissibility of Hearsay Statements to Police: Davis v. Washington and Hammon v. Indiana,” 50 Boston B. J. 17 (Nov./Dec. 2006); and

  • Case Comment:  “Constitutional Law—Spies Barred from Enforcing Espionage Agreements with the United States—Tenet v. Doe, 125 S. Ct. 1230 (2005),” 29 Suffolk Transnat’l L. Rev. 371 (Summer 2006).


 


Hether joined Sally & Fitch in 2008 after serving as a law clerk to the Honorable Joseph A. Trainor of the Massachusetts Appeals Court.  She is a graduate of Skidmore College (B.A., philosophy/government, 2000) and Suffolk University Law School (J.D., 2006).  While at Suffolk, Hether was a member of the Suffolk Transnational Law Review, received the Best Brief Award in her Legal Practice Skills Course, served as a student prosecutor at the East Boston District Attorney’s Office, and interned in the civil division at the U.S. Attorney’s Office in Boston.  She worked as a litigation legal assistant at the law firm Skadden, Arps, Slate, Meagher & Flom LLP in New York prior to law school and in Boston during law school.


 


She is involved in the Dana-Farber Leadership Council, Suffolk University Law School by serving as a mentor to law school students, and Kids In Need of Defense (“KIND”) by representing children pro bono in immigration cases.  Hether is admitted to the bars of the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts, and the Fourth Circuit Court of Appeals.   She is also a member of the Massachusetts and Boston Bar Associations. 


 

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Photos and Videos

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Practice Areas

Licensed since 2007

  1. Probate: 70%
    7 years
  2. Appeals: 15%
    9 years
  3. Family: 10%
    7 years
  4. Litigation: 5%
    9 years

Payment

Fees:

Hourly ($300-350/hour)

Payment Types:

Cash, Check

Attorney Endorsements

9 total 

  • Heather Virginia Baer

    Hether is a dedicated and dynamic lawyer who is skilled in multiple complimentary areas of the law, including probate and family law, litigation, and appellate work. This enables her to provide her client comprehensive and effective representation. She is also a pleasure to work with.

    More 

    Heather Baer Litigation Attorney
    Relationship: Co-worker

  • Ethan Z. Davis

    Hether is an excellent attorney who aggressively pursues the interests of her clients. I am proud to have Hether as a colleague and recommend her without reservation.

    More 

    Ethan Davis Litigation Attorney
    Relationship: Co-worker

Contact Info

Sally & Fitch LLP

One Beacon Street
16th floor
Boston, MA, 02108

Resume

License
StateStatusAcquiredUpdated
MAActive200704/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
AV Preeminent Peer Review RatedMartindale-Hubbell2015
AV Preeminent Peer Review RatedMartindale-Hubbell2014
Rising StarMassachusetts Super Lawyers2012
Rising StarMassachusetts Super Lawyers2011
Rising StarMassachusetts Super Lawyers2009

Work Experience
TitleCompany NameDuration
AssociateSally & Fitch LLP2008 - Present
Law Clerk, Honorable Joseph A. TrainorMassachusetts Appeals Court2006 - 2008
Legal AssistantSkadden Arps Slate Meagher & Flom2000 - 2006

Associations
Association NamePosition NameDuration
Massachusetts Law Review, published by the Massachusetts Bar AssociationAssociate Editor2014 - Present
Dana-Farber Leadership CouncilN/A2010 - Present
Massachusetts Bar AssociationN/A2006 - Present
Boston Bar AssociationN/A2006 - Present

Legal Cases
Case NameOutcome
Psy-Ed Corp. v. Klein, 459 Mass. 697 (2011)Reversed.
Independence Seaport Museum v. Carter, 82 Mass. App. Ct. 1119 (2012)Affirmed
Grassi Design Group, Inc. v. Bank of America, N.A., 74 Mass. App. Ct. 456 (2009)Affirmed

See all Legal Cases 

Publications
Publication NameTitleDate
Sally & Fitch LLP Divorce and Family Law BlogSupreme Judicial Court Determines the Retirement Provision of Massachusetts Alimony Reform Act is Not Retroactive2015
Sally & Fitch LLP Divorce and Family Law BlogWhat are the Procedural Differences Between a Probate and Equity Case?2014
Sally & Fitch LLP Business Litigation BlogPost-Oral Argument Letters to the Panel2014
Sally & Fitch LLP Business Litigation BlogCommencement of Appeal Period2014
Sally & Fitch LLP Business Litigation BlogElectronic Submissions to the Appeals Court2014
Sally & Fitch LLP Divorce and Family Law BlogAs a Trustee or Personal Representative, How Do I Resign from My Fiduciary Appointment?2014
Sally & Fitch LLP Business Litigation BlogWhy Hire an Appellate Attorney?2013
Sally & Fitch LLP Business Litigation BlogHow Long Will My Appeal Take?2013
Sally & Fitch LLP Divorce and Family Law BlogDomicile2013
Sally & Fitch LLP Divorce and Family Law BlogName Change After a Divorce2013
Sally & Fitch LLP Divorce and Family Law BlogMotion for Counsel Fees Pendente Lite2013
Sally & Fitch LLP Divorce and Family Law BlogMUC Allows Co-Trustees to Act by Majority Decision2013
Sally & Fitch LLP Business Litigation BlogDemystifying the Massachusetts Appellate Process2012
Sally & Fitch LLP Divorce and Family Law BlogProblems with Service of Summons and Complaint for Divorce2012
Massachusetts Law ReviewAbolishing the Distinction Between Natural and Unnatural Accumulations of Snow and Ice When Determining Negligence of Property Owner, Papadopoulos v. Target Corp., 457 Mass. 368 (2010)2011
Massachusetts Law ReviewWhen Law Fails: Making Sense of Miscarriages of Justice2010
Massachusetts Law ReviewCombining Non-Consecutive Periods of Employment to Qualify as ‘Eligible Employee’ under the Family Medical Leave Act, Rucker v. Lee Holding Co., 471 F.3d 6 (1st Cir. 2006)2009
Boston Bar JournalAdmissibility of Hearsay Statements to Police: Davis v. Washington and Hammon v. Indiana2006
Suffolk University Law ReviewConstitutional Law—Spies Barred from Enforcing Espionage Agreements with the United States—Tenet v. Doe, 125 S. Ct. 1230 (2005)2006

Education
School NameMajorDegreeGraduated
Suffolk University Law SchoolLawJD - Juris Doctor2006
Skidmore CollegePhilosophy/GovernmentBA - Bachelor of Arts2000

Speaking Engagements
Conference NameTitleDate
Alumni Career ForumCareer2010