David George Thomas’s Answers

David George Thomas

Boston Litigation Lawyer.

Contributor Level 10
  1. Mass Rule 9A

    Answered over 2 years ago.

    1. David George Thomas
    2. Henry Lebensbaum
    3. Pamela Koslyn
    3 lawyer answers

    If you sent your motion by mail, note that the the opposing party gets and additional 3 days (according to MRCP 6(d) - see below) to serve the opposition. If a weekend or holiday is involved, it may be more than 3 days per 6(d). You cannot file your 9A package until waiting 3 business days after the date the opposition was due according to 9A (see Sup. Ct. R. 9A(b)(2)). Check the dates against Rule 6 to be sure that the opposition is not timely. Even if it is not timely, if you have...

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  2. Confidentiality Agreement

    Answered over 2 years ago.

    1. David George Thomas
    2. Pamela Koslyn
    3. William T Harrington
    3 lawyer answers

    These types of agreements are common in business transactions. Whether you will sign the agreement as written, however, will depend on its terms. Many times, the terms of these agreements are negotiated between counsel. You should show it to a lawyer before signing it. I have dealt with many disputes over the years arising from the these types of agreements - most of which could have been avoided if proper terms were negotiated. Then, you should have the lawyer review the actual sale...

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  3. What impact does dissolving a company have on debt?

    Answered over 2 years ago.

    1. Travis J. Jacobs
    2. David George Thomas
    3. Christopher Joseph Fein
    3 lawyer answers

    If you had a corporation and you are dealing with corporate debt, your creditors should not be collecting from you personally unless you signed something, like a guaranty, in your personal capacity or did not maintain the corporate separateness of the corporation and your personal affairs. Administratively dissolving the corporation will not thwart creditors in bringing claims against the corporation. Nevertheless, if the entity does not have any assets, it may very well be judgment proof.

    4 lawyers agreed with this answer

  4. Divorce in Ma

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Ann Frances Breau Karpenski
    3. David George Thomas
    4. David Alexander Browde
    4 lawyer answers

    Do your homework very, very carefully. There are many divorce attorneys in Massachusetts. Be very sure that you are getting a good one or the divorce will cost you an arm and a leg. You should find one with experience in the court in which you will be filing the case and one that you are comfortable with and that comes well regarded. Try to speak with prior clients rather than getting a referral from another lawyer (unless that lawyer was a client of the lawyer that you are considering...

    4 lawyers agreed with this answer

  5. Do I have a viable case?

    Answered over 2 years ago.

    1. Philip W. Mason
    2. David George Thomas
    2 lawyer answers

    My colleague asks some very good questions. Be sure to contact a lawyer with experience in partnership issues as well as business litigation. In Massachusetts, there exists a Uniform Partnership Act that very well may govern your situation over and above laws concerning business entities and the rights of majority and minority shareholders. The partnership act is Mass. Gen. Laws Ch 108A. If you are your partner intended to carry on a business, as co-owners, for profit, and your partner...

    4 lawyers agreed with this answer

  6. I have received an execution on money judgement

    Answered over 2 years ago.

    1. David George Thomas
    2. William T Harrington
    3. Pamela Koslyn
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    Consult a lawyer as soon as possible. If you own your home, you may have filed a homestead when you purchased or refinanced it. If so, that may protect against the creditor forcing you to sell your home to satisfy the debt. Even if you have not filed a homestead, there is an automatic homestead placed on your home under the revised Massachusetts Homestead Act ($125,000 in coverage). You can find a discussion of the new law at: http://www.sec.state.ma.us/rod/rodhom/homidx.htm

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  7. In deposition What kind the questions Plaintiff's attorney can ask me for allegaing willful and maliciouse injury.

    Answered over 2 years ago.

    1. David George Thomas
    2. Erik Hammarlund
    3. Pamela Koslyn
    4. Tazewell T Shepard III
    4 lawyer answers

    All of the other answers are on point. The scope of discovery is broad and the lawyer likely is looking for evidence ti support the three counts that he or she agreed to "drop" months ago. Mass. R. Civ. P. 26(b)(1) describes the general scope of discovery as follows: (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (1) In General. Parties may obtain discovery regarding any matter, not privileged,...

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  8. In what actions can a Judge not be allowed to sit at if he was the Judge in a concluded action

    Answered over 2 years ago.

    1. David George Thomas
    2. Erik Hammarlund
    3. John Leif Fossum
    3 lawyer answers

    There does not appear to be a conflict of interest in what you have described. I am not sure what Massachusetts Rule the attorney you met with was considering, but judges who sit for one matter may decide related matters. There would be some utility in doing so as the judge would be familiar with the related proceedings. Also, if the case in Superior Court in Massachusetts, no one judge will be assigned to a case unless the judge has been specially assigned by the Chief Justice of...

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  9. Plaintiff obtained judgment but did not follow Rule 9A, how to reopen motion

    Answered over 2 years ago.

    1. David George Thomas
    2. Erik Hammarlund
    3. Tazewell T Shepard III
    3 lawyer answers

    There are exceptions to 9A, such as emergency motions and ex parts motions. Many times, lawyers proceed that way to get a lien. You should move to dissolve the lien - follow 9A.

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  10. An attorney is an officer of the court, the defendant wants to question the attorney on the stand due to unsubstantiated claims

    Answered over 2 years ago.

    1. David George Thomas
    2. Pamela Koslyn
    3. Christine C McCall
    3 lawyer answers

    Some additional considerations for you: 1. If the attorney made the statement to the Court in a signed pleading, consider filing a motion for sanctions under Mass. R. Civ. P. 11(a) and asking for a "show cause" hearing wherein you can cross examine the lawyer (who, as my colleagues have stated, must be sworn in like everyone else). If there truly has been fraudulent conduct, the Court may very well report the lawyer to the Massachusetts Board of Bar Overseers for disciplinary action....

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