Limited Assistance Representation

Limited Assistance Representation is when an attorney represents or assists a litigant with part, but not all, of his or her legal matter, instead of the standard full representation on an entire case. Limited Assistance Representation allows an attorney to assist a self-represented client with specific issues on a limited basis. This might include preparing or reviewing documents, appearing in court for a crucial event such as a Pretrial Conference or a Motion to Dismiss or giving legal advice. This type of representation is also known as providing unbundled services. This type of limited representation permits the attorney to automatically
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Supreme Court rules that cops can’t hold you for even a few extra minutes without good reason after routine traffic stops

The Supreme Court of the United States ruled that after police have completed a routine traffic stop, they cannot hold you for even a few extra minutes without the usual suspicion required to detain a person. In Rodriguez v. United States, a case brought by a Nebraska man who was pulled over for driving erratically on a state highway in 2012, the court majority said police lacked probable cause in a search that led to the man’s drug charge.
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Technical problems could overturn recent drunk driving convictions in Massachusetts

As reported by MyFoxBoston.com, technical problems could overturn many recent drunk driving convictions in Massachusetts. The issue involves the use of faulty breathalyser machines. According to the Salem News, prosecutors have started notifying defense attorneys about the problem. Apparently, a solution used in the machines is causing them to produce improper test results. The Essex County District Attorney has told all prosecutors to stop using breathalyzer results in pending cases. It is not known when the problem started, or how many past cases could be called into question
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529A Accounts for Disabled Individuals

posted by Eric Schutzbank Achieving a Better Life Experience (ABLE) became law in December 2014.  Similar to the 529 college saving plans, ABLE allows people with disabilities and their families to put aside funds for disability-related costs.  Set up by the state and administered through financial institutions, the income from qualified 529A Accounts for Disabled Individuals accrues tax-free. The law defines qualified individuals as those eligible for benefits under the Social Security Act title II or XVI.  In addition, if a physician has diagnosed blindness, medical or mental disability causing significant impairment to an individual aged 26 or younger and
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Massachusetts Maternity Leave Act

posted by Eric Schutzbank Many parents-to-be wonder just how much time from work they can take off when their child is born. Effective April 7, 2015, under Massachusetts law, men and women will both be covered under the Massachusetts Maternity Leave Act (MMLA), which makes them eligible for eight weeks of job-protected leave related to the birth, adoption, or court-ordered placement of a child in their home. The original MMLA provided female employees the right to take eight weeks of leave after the birth or adoption of a child, without any provisions for male employees or in cases where a
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Estate and Advanced Care Planning is for Single People too

posted by Eric Schutzbank Being single doesn’t mean you do not need an estate plan. Single people need to be taken care of if they become incapacitated and also want to have a say in how their property is distributed after their death. Single people often have unique considerations when planning for the future. Married couples most often have their spouses act as their fiduciary in the event of incapacitation or death. Older couples with adult children general have their children designated to make decisions when they or their spouse can no longer do so. Single people without children need
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Child Custody – In the Best Interests of the Children

posted by Eric Schutzbank Divorce is rarely easy, and even less so when it comes to custody and parenting arrangements for children. In Massachusetts, the top priority of the courts is to determine if arrangements are “in the best interests of the children”, but that may not always be as straightforward as it seems. This is not the time to try and do it yourself. Instead, seek competent legal representation and hire an attorney who can ensure that you have a parenting plan that you are comfortable with and is able to meet the necessary legal requirements. Massachusetts recognizes shared
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White Collar Crimes in Massachusetts

posted by Eric Schutzbank White Collar Crimes in Massachusetts cover a broad range of financially motivated nonviolent criminal activities including embezzlement, fraud, employee theft, and forgery. They can also include internet-related crimes such as identity theft and credit card fraud. Statistics show these crimes account for over $400 billion in losses to the U.S economy alone. In Massachusetts, penalties for white collar crimes are especially serious; therefore, it is important to seek the counsel of attorneys who are experienced in defending these types of crimes to ensure the best outcome. Common Types of White Collar Crimes: Financial Fraud: Conspiracy to
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Massachusetts Holds Parents Accountable for “Social Hosting”

posted by Eric Schutzbank It’s well-known that the legal drinking age in all states, including Massachusetts, is 21. Less know, however, are the liabilities associated with “social hosting”. Social hosting refers to providing alcohol or other substances to a minor that is not your own child on your property or in an environment you control. Especially during graduation time, some parents reason if they provide alcohol at a party at their private residence in a safe environment, ensuring that minors do not drink and drive, they are not committing a crime. Massachusetts’ “Social Host” law says that they are. Consider
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Recording the Police with Your Smartphone – a Constitutional Right or Unlawful Wiretapping?

posted by Eric Schutzbank In the era of ubiquitous personal technology, it may seem that we have an unbridled right to use our smartphones to photograph or record anything and everything. We may particularly want to record the police to verify that they are serving and protecting the public and not violating individual rights. Be careful, even here in our great state of Massachusetts, the police can still lawfully charge and arrest you for recording them in certain circumstances. Recently, a woman was charged with unlawful wiretapping by the Springfield police for recording her arrest. The Springfield Republican reported that
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