If you have a court hearing scheduled in the next few weeks, most likely you've been told it's postponed.  While some hearings will be scheduled telephonically and by video conference, the COVID-19 pandemic is likely causing significant delays in obtaining a hearing and an order or judgment.  This is understandable as the court and the bar figure out how to adjust to this crisis.  Regardless of how understandable these delays are, though, the experience for individuals going through conflict must be frustrating, disappointing, and in some cases devastating. Now is the time to consider your alternatives to court. Mediation, conciliation, collaborative representation, and arbitration are all available options to those looking to resolve their issues without further delay.  Many of these dispute resolution professionals already have experience using videoconferencing to meet with clients and for us, our business has continued almost uninterrupted.  At my o...

Starting this past Monday, thirty-eight courts in Massachusetts began cutting hours for clerks and registers due to budget cuts, staff shortages, and backlogs. The reduction in hours are said not to affect court sessions and that staff offices will be available for emergencies. The following district courts will have restricted counter and telephone coverage: Attleboro, Barnstable, East Brookfield, Fall River, Framingham, Haverhill, Ipswich, Lawrence, Lowell, Lynn, Malden, Natick, Newburyport, Palmer, Somerville, Springfield, Stoughton, Taunton, Uxbridge, Waltham, Westborough, Woburn and Wrentham. The Western Division of the Housing Court and the Springfield Divisions of the Juvenile Court and Land Court will similarly have restricted counter and telephone coverage. All Probate & Family Courts will have restricted hours after 3:00 P.M. Source: The Patriot Ledger: " 38 Massachusetts courts reduce public office hours because of budget cuts "

There are advantages and disadvantages of mediation and you should consider both in deciding whether mediation is right for your case. For instance, many people choose mediation because they believe it will be cheaper. In all cases that may not be true, but there is a difference between cost and value. Even if the cost of your mediation is higher than you were expecting, you can at least be confident that the time you were charged by your mediator was time spent on moving your case forward. Unfortunately this is not always the case when you go to Court. Because there are so many other people seeking relief from the Court, I often have to explain to clients what I call "Hurry up and Wait." You have to be at the courthouse at your appointed time for any Motions, Pre-Trials, Contempt hearings, Trials, or other hearings. But there will likely be other cases waiting for hearing at that same time. And even if you are right on time, you will still likely spend hours waiting ...

In most cases bringing your new significant other or your children to court with you is a bad idea. Bringing a Significant Other: In most cases having a third party in the courthouse (especially a significant other) inflames the other party and makes settlement less likely. While this is not always the case, the risk of making settlement more difficult is usually not worth the benefit of having a third party there. Also, court is relatively boring. Your significant other will be able to wait with you in the courthouse but he/she will not be able to attend any family service meetings (i.e. required mediation prior to the court hearing). Court involves a lot of waiting around and there is usually something better that people can be doing with their time. For these reasons I usually recommend that clients come alone to court, but in the end it is your call. Bringing your Children: Whether or not the hearing involves your children bringing them to court with you is a bad ...

On April 12, 2010 the Massachusetts legislature passed AN ACT RELATIVE TO ASSAULT AND BATTERY BY MEANS OF A BODILY SUBSTANCE UPON CORRECTIONAL FACILITY EMPLOYEES AND EXPANDING THE PROHIBITION ON THE DISSEMINATION OF OBSCENITY. The second portion of the Act has to do with amending the Commonwealth's laws against distributing obscenity to close a gap in the law. The previous statue defined "matter" as "any handwritten or printed material, visual representation, live performance or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances." The new law expands this definition by adding: "or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by an...

Mediation has many advantages over litigation. It is usually less expensive than negotiating your agreement through two attorneys and it is far less expensive than going to trial. Mediation can also help you avoid the backlog in the courts, allowing for a more expedient resolution. In addition to these practical concerns, though, Mediation offers something that the Courts do not offer: the chance to resolve your case on your terms. If you are unable to settle your case in Court a Judge, essentially a stranger who will only meet you for a very limited period of time, will make major decisions about your life. Mediation is your opportunity to make these decisions together. After all, who knows what is better for you than you do. On a related not, Mediation is also an excellent forum for solving issues unique to divorce that our legal system cannot adequately address. As an example, many couples will litigate who will get custody of the family pets. While most judges are not interested in...

In addition to providing answers to commonly asked questions on our website, we also try to provide links to other resources where you may find further information. These links include the Court websites , other government websites , and organizations that we either belong to or may have further resources that could be useful to the public. In addition we will often include in our Twitter accounts, links to blog posts from other blogs that we believe you might find interesting. You can click here to connect with Attorney Trask or Attorney Kelsey on twitter. One particular resource that you should review if you are considering bankruptcy is the Bankruptcy Law Network , where we often find great blog posts on numerous questions involving bankruptcies. Here are just a few examples: San Diego: New Ruling Allows Student Loans to be Discharged in Chapter 13! http://ff.im/-4nJBn How Do I Find a Good Deal on a Secured Credit Card? http://ff.im/-4FnH5 Do I have to be a citizen to file a ...