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Courts will be open, but primarily to deal with emergencies. Matters will be addressed via teleconferences or video conferences. Final decisions in all types of legal matters may be held at bay for months.

As an alternative, parties in civil matters, family and domestic relations matters, such as divorce, modifications, custody and support actions have an alternative. They and their attorneys can seek an alternative to pursuing their remedies in court. The alternative is attorney assisted mediation and arbitration. There are many arbitration services in which by agreement the parties can litigate their dispute of legal matter to a final resolution, often for less than the cost of litigating the matter in court.             

If you have a legal matter of any type that has been delayed or interrupted, contact us so we can determine if there are viable alternatives to pursing your important legal matter in court, or suffering by court closures and uncertain delay.  Our attorneys can also act as experienced neutrals should you desire our services in mediation matters.

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Passed in October 2005, the statute was designed to make it easier to prosecute repeat OUI offenders. This automatically makes the penalties for driving under the influence more severe, particularly for those who have been caught driving drunk before.

The Consequences of Melanie’s Law and an OUI Charge

The Law has had a very harsh effect on drivers throughout Massachusetts. According to the Massachusetts Registry of Motor Vehicles, here are some things to know about repeat OUI penalties under Melanie’s Law:

Driving Restrictions will be Enforced

• In Massachusetts you can have a 15-day temporary license when you’re charged with a driving offense, but Melanie’s Law eliminates that allowance. In addition, the operator’s vehicle will be impounded for 12 hours.
• Melanie’s Law has defined the penalties for allowing or employing an unlicensed driver (including relatives, friends, or known acquaintances) to operate a Motor Vehicle. It is now a violation to knowingly employ an individual with a suspended license as a motor vehicle operator.
• The license suspension periods for refusing a chemical test have significantly increased as well. This was apparently done to coerce drivers into taking the breathalyzer.

Ignition Interlock Device

• Any driver with more than one OUI offense can qualify for a hardship license or reinstatement of a suspended license, but he/she would be required to have an Ignition Interlock Device in his/her vehicle. This is a breathalyzer device that requires you to use before starting the car. Any blood alcohol reading greater than .02 will prevent the vehicle from starting. This device would be at the driver’s expense, and mandatory for the lifetime of the hardship license.
• It is against the law not to comply with the Ignition Interlock Device restriction, and failure to comply could result in a license revocation from 10 years to life. Once an interlock device registers alcohol, you are usually “guilty until proven innocent” and the Registry will likely call you in for an interlock violation hearing. If you fail to appear or lose at the hearing, your license will be suspended for at least 10 years up to a lifetime. Given this stiff penalty, you should absolutely be represented by an attorney.

Your charges if you are caught again

• Melanie’s Law establishes a new offense of Operating Under the Influence of Alcohol while on a license suspended for Drunk Driving. This means that a driver, who was driving under the influence of alcohol while his/her license was already suspended for OUI, can be charged with two crimes at once: 1.) OUI and 2.) OUI with a suspended license. This additional offense carries a minimum of a 1-year mandatory jail sentence and a 1 year license suspension.
• Melanie’s Law creates a new crime of Operating a Motor Vehicle Under the Influence of Alcohol With a Child 14 Years of Age or Younger in the Vehicle. This means that a driver can be charged with two crimes at once: 1.) OUI and 2.) Child Endangerment While OUI.
• Melanie’s Law allows the Registry to cancel the registration plates of anyone convicted of a 3rd or subsequent alcohol-related driving offense for the duration of the suspension period.
• If you are caught on a 4th OUI charge or anything beyond, you can be forced to forfeit your vehicle by the state.
• Melanie’s Law creates a new crime of Manslaughter by Motor Vehicle. Any driver who commits manslaughter while operating a motor vehicle while under the influence of alcohol or drugs shall be convicted of Manslaughter by Motor Vehicle.
• Melanie’s Law increases the length of license suspension from 10 years to a minimum of 15 years for a conviction of Motor Vehicle Homicide.

An OUI can have major consequences. More than one, particularly with the Melanie’s Law statute in Massachusetts, can be even more serious. If you’re facing an OUI, or a repeat offense, don’t delay on contacting a lawyer to represent you immediately.

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It is important to understand that generally, all assets owned by one or both of the spouses, in any form, are part of the marital estate. That means that an individual bank account, held in the Husband’s or Wife’s name only, is subject to division. That’s true whether the spouse owns the business as an individual, jointly with other partners, or as an S Corporation for tax purposes.

Dividing a business fairly: Start with accurate valuation

When business ownership is involved, it is critical that you be represented by an experienced attorney that is familiar with the valuation of businesses in the context of division of the marital estate. This can be a complex process and it often includes the retention of business or accounting experts. The value of a business is not easily determined from its annual income for tax purposes, profit and loss statements, or the amount of money that is currently in the business checking account. And, even if the other spouse has no interest in partial ownership or control of the business in the future, the value of that business should be accounted for in the Divorce. An attorney can coordinate a deal where one spouse buys out the other’s share of the business, or other assets can be divided to make up for the equity amount of the business.

As with any valuation issue under the law, there is often no black and white answer regarding business valuation. Different accounting theories, or approaches, may be relevant depending upon the particular facts applicable to the specific business involved. While the majority of cases in Massachusetts have employed an “income approach” to valuation, there are other ways to creatively tackle the matter. In addition, one or more discounts to the business value might be applicable when the business is small, when only a minority share of a business is owned, or when the application of particular skills of the spouse/owner are central to effective operation of the business. Knowledge of which valuation method should be applied, and understanding of the legal precedent for applications of discounts regarding business valuation are critical.

At O’Connor and Ryan we have handled complex Divorce cases where our clients, or their spouses, have owned businesses that are subject to valuation; and where the business values were accounted for in the overall division of the marital estate. We have worked with some of the foremost experts in the Commonwealth regarding business valuations, and have fought against business valuations that did not measure up to appropriate legal and accounting standards. If you may be involved in a Divorce that involves complex financial issues, and the valuation and accounting for equity in a marital business, please contact us, so that your rights and interest will be fully protected.

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Keep your answers short and concise.

Oftentimes, witnesses add in extra information, that’s not necessary or relevant to the question. This information can sometimes turn out to hurt the witness’ case. If you are asked your name, your answer should be “John Smith.” You should not say “My name is John Smith, I’m 24 years old, I live in Worcester, and I had oatmeal for breakfast.” Keep in mind that your own attorney can ask you questions after the other attorney has stopped, if he/she feels that there is some important testimony that should be put on the record.

Don’t guess.

If you don’t specifically recall something it is always better to say, “I don’t recall” and stop, rather than saying “Well I think that…”, and offering some possible response that you’re not sure of.

Don’t answer questions you don’t understand.

You always have the right to ask the questioner to repeat or rephrase a question if you’re not sure what was asked, or you simply don’t understand what the questioner said.

Don’t try to “outfox” the questioner.

Many witnesses, especially those not fully prepared, assume that they should try to beat the questioning attorney at their own game. They try to think several questions ahead and worry how their answer might harm their case. The end result is that a witness comes across sounding like they are lying or being evasive. Usually the information a witness is trying to omit comes out anyway- so don’t try to hide it! You are always better off answering  the specific question directly and truthfully, rather than trying to give evasive or hostile responses.

Attorneys use depositions in civil cases as critical tools for establishing the facts and winning your case, either at trial or through settlement. At O’Connor and Ryan, our attorneys have extensive trial experience, and we’ve taken and defended thousands of depositions over the years.

We fully prepare and protect our clients in any deposition where they are the witness. In addition, we look at all potential witnesses that we should question in your case, and thoroughly question the opposing party, or third party witnesses, in depositions as well.

For more on Depositions, click here.

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A fact finding mission. The party being questioned is required to answer any question posed by the attorney that may lead to the discovery of admissible evidence. This is a very broad category regarding admissible questions, and, assuming they’re properly served with a Subpoena, if necessary, the witness is required to answer. Thus, even reluctant witnesses that may not want to get involved can be compelled to answer and to testify regarding their knowledge of the events at issue. (The attorney also gets the opportunity to observe and evaluate the demeanor of the witness, i.e. does the witness seem to be telling the truth, or do they appear to be overly nervous and evasive, based on their appearance while testifying.

To provide predictability regarding Trial testimony. The Deposition Transcript will be in the possession of the attorney if and when the case proceeds to Trial. Assuming that the attorney has asked the necessary questions in the Deposition, he or she can reasonably rely upon the witness giving the same testimony in court, at a Trial. If a witness to a car accident testifies at the Deposition that Party A ran a red light and struck Party B on July 1, 2018 at 2 PM, on a rainy day, the attorneys will reasonably expect the same testimony at Trial. If the witness at Trial testifies differently, he or she can be impeached with the Deposition testimony during cross-examination.

How the purpose of a Deposition is decided

The nature of a Deposition will depend on the type of underlying case that is before the court. For instance, in a Divorce proceeding involving a 20 year marriage, the Husband or Wife involved can be questioned regarding any and all events and issues that impacted the marriage during that entire period. In the case of the July 1st car accident noted above the testimony of the parties and or witnesses will focus on how the car accident occurred on that specific day.

In every case, the probability of winning or losing at Trial is often greatly affected by the Deposition testimony that preceded Trial, and the nature of any settlement of the case will often be determined. Thus, the Deposition(s) must be taken very seriously. Certainly if you are a party to the lawsuit, your attorney will want to meet with you before your Deposition to review the questions likely to be asked, your responses to the questions, and to discuss general rules you should follow in providing answers.

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Because cars and other motor vehicles are more powerful than bicycles and pedestrians, the responsibility tends to fall – unfairly – on those on the street to play it safe and avoid collisions. But at an intersection, a bicyclist has the right-of-way against a car coming in the opposite direction and making a left-hand turn. Many times, motor vehicles ignore rules of the road and end up being the root of the cause of these accidents.

If you have been injured in a bike accident, call us. O’Connor and Ryan has extensive experience handling personal injury matters, and Attorney Ed Ryan also happens to be an avid cyclist as well. We will stand up for your rights and ensure you have the opportunity to pursue the personal injury claim you are entitled to.

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Many factors go into a ruling from a judge on who gets what, how much they get, which parent is awarded custody of children. Experienced family law attorneys will help you navigate these complexities and provide valuable advice as to your issues and how to best resolve your case.

Most family law cases are settled outside of court either through mediation or negotiation. This means that a judge is not the deciding party; couples can arrive at a reasonable agreement with the help of an attorney.

Even afterwards, the terms of a settlement can continue for years, and sometimes terms need updating due to new legal guidelines or your life circumstances. Expert legal advice is required to best protect your rights well into the future.

Do you have questions about your divorce? In need of legal counsel related to another family law matter? Contact O’Connor and Ryan today for a consultation.

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You will want an attorney experienced in these types of claims who will help you retrieve money according to your rights. This is especially because insurance companies do not make voluntary payments: The monetary amount they offer may fall far short of the amount you are entitled to. When hiring an attorney, make sure you ask about prior experience with personal injury. Sites like Avvo, FindLaw and Martindale Hubbel can help you search for a lawyer in your area with the right experience.

The attorneys at O’Connor and Ryan, P.C. have recovered millions of dollars for clients injured in car accidents and other personal injury claims, including civil rights actions.” Contact us for a consultation.

If you’re interested in more about personal injury, you can learn more about these types of legal claims and proceedings on our webpage here.

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You may have heard the term “pain and suffering” used in legal conversations, on television programs or by peers. This term is often used in discussions of

In general “pain and suffering” is just what it sounds like. It refers to the physical pain, and psychological and emotional suffering that a person often goes through when they’ve been injured in an accident. When that accident, and resulting injury, was caused by someone else’s negligent or wrongful conduct the law in Massachusetts allows you to recover damages for your “pain and suffering.”

It is useful to note that the amount of damages that you might be entitled to for “pain and suffering” is not subject to easy or specific calculation.

In injury cases the damages which a victim is entitled to recover are often divided into two categories:

• The first category is referred to as “special” damages, which can be objectively determined by mathematical calculation. It includes the amount of medical bills incurred for treatment of the injuries and lost earnings (including projected future medical expenses and lost earnings established by expert testimony).
• Pain and suffering can also be subjectively categorized by loss of enjoyment of life. The general nature and basis of this category is the attempt to make the injury victim whole for the suffering they have, and will endure due to the injury. There is no way to calculate these damages by a mathematical formula, although some insurance companies will attempt to do so applying their own, usually meager, formulas, i.e. “$500.00 per week for each week of ‘Total’ disability that resulted from the injury.

One significant benefit of the “subjective” nature of these damages is that it has led courts to the rule that because personal injury damages are subjective, and not subject to clear calculation, they are not taxable to the recipient. Thus an injury recovery will not be treated as taxable by the state or federal government

In fact, the courts have resisted this type of calculation of damages, and have usually prevented attorneys from suggesting “formulas’ to quantify these damages- “It would be fair to give my client $100.00 for each day she had to suffer pain due to her injury’”, will typically not be allowed by the court.

The result is that juries are generally allowed wide latitude in how they value “pain and suffering,” and the amount that they chose to award for damages. This means that hiring experienced attorneys that know the value of all elements of a damages claim, including fair treatment for “pain and suffering” is critical to your case. Most injury cases are negotiated to a settlement rather than going to Trial, but all insurers will base their settlement offer on the expected recovery range, if the case goes before a jury.

At O’Connor and Ryan, our attorneys have over 70 years combined legal experience, have extensive trial experience, and are fully prepared to maximize all aspects of the damages you are entitled to, including “pain and suffering.” We often receive full and fair settlement offers, without filing a lawsuit, because insurers are aware of our knowledge, experience and track record. However, if and when we need to go to court to secure a full and fair recovery for all aspects of your damages in an injury case, we are ready! Contact us for a free personal injury consultation today.

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