Frequently asked questions

Short answers to the questions I hear most. Every case turns on its own facts, so treat these as a starting point.

Fees

Do you take cases on contingency?

Yes, when the claim is strong, the damages are substantial and the other side can pay. My fee is then a percentage of what's recovered, under a written agreement. I also offer hybrid and hourly arrangements when they fit better.

If we lose, do I owe anything?

On a contingency case you owe no attorney's fee if nothing is recovered. Court costs and litigation expenses, such as filing fees, service, transcripts and experts, are a separate question. Your written fee agreement will say who advances them and whether you owe them if there's no recovery. In some cases you will owe costs regardless of the outcome.

What does the first consultation cost?

Nothing. I'll review your documents and tell you what I think, with no obligation.

Can the other side be made to pay my legal fees?

Sometimes. Many contracts, notes, leases and guaranties include a fee-shifting clause, and Chapter 93A awards attorney's fees when a violation is proven. Without one of those, each side generally pays its own lawyer.

Claims

How big does my claim need to be?

I generally take matters with $100,000 or more at stake. If yours is close to that line, or the amount is hard to pin down (lost profits, the value of a property), send me the facts and I'll tell you whether it fits.

They say they have no money. Is it worth suing?

Before you spend anything, I look at what the debtor owns: real estate, the business itself, bank relationships, guarantors. If there's nothing to collect, I'll tell you. Often "no money" turns out to mean "would rather not."

How long will my case take?

A demand letter can produce payment in weeks. A contested lawsuit in Superior Court commonly takes one to three years to reach trial, though many collection cases are resolved much sooner on summary judgment or by settlement after an attachment. Interest at 12% runs the whole time.

What is the deadline to sue for breach of contract in Massachusetts?

Generally six years from the breach, and twenty years for a contract under seal. Chapter 93A claims generally have four years. Contracts can shorten these periods, so check yours.

How much interest can I recover?

On a contract judgment, interest at the contract rate or, if none, 12% a year, simple, from the date of breach or demand. The interest calculator gives a quick estimate.

Can you freeze the debtor's assets before trial?

Often, yes. If the court finds you're reasonably likely to recover a judgment, it can approve an attachment of real estate or, by trustee process, bank accounts and other funds held by third parties. In urgent cases this can be done without advance notice to the debtor.

I already have a judgment. Can you collect it?

Yes, including judgments another lawyer obtained and judgments from other states against people or companies with Massachusetts assets. Since 2019, an out-of-state judgment can be registered in Massachusetts rather than re-sued. How that works.

Do I need a written contract?

Not always. Many oral agreements are enforceable in Massachusetts, though certain kinds, including most real estate contracts, must be in writing. Emails, invoices, payment records and the way the parties behaved can all prove the terms.

Real estate

Do you represent tenants?

No. I represent owners, buyers, sellers, co-owners, lenders and landlords. I don't take tenant-side matters of any kind.

The buyer backed out. Can I keep the deposit?

Often, if the buyer defaulted and the purchase and sale agreement makes the deposit liquidated damages, which most standard forms do. If the buyer properly used a financing or inspection contingency, the deposit usually goes back. The facts and the exact wording decide it.

My co-owner won't agree to sell. What can I do?

Any co-owner can ask the court to partition the property. Most partitions end in a court-ordered sale, with the proceeds divided and adjusted for who paid what. Filing often leads to a negotiated buyout.

Working together

Where do you practice?

My office is in Cambridge, and I handle cases in courts across Massachusetts.

I'm not in Massachusetts. Can you represent me?

Yes, if the case belongs in a Massachusetts court, usually because the other side, the property or the assets are here. We can work by phone, video and e-signature, and you generally won't need to travel unless the case goes to trial. I'm licensed only in Massachusetts, so I don't take cases in other states' courts.

Does contacting you make you my lawyer?

No. An attorney-client relationship begins only when we both sign an engagement or fee agreement. I treat what you share when asking for a review as confidential. Before I look closely, I check that I don't already represent anyone on the other side.

$100,000 or more at stake in a Massachusetts dispute?

Tell me what happened. If the case makes sense on contingency, I'll say so. If it doesn't, I'll tell you that too.

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