- Divorce
- Child Custody and VisitationDivorce and child custody contests often involve some of the most challenging personal, legal and financial disputes people may encounter in their lifetime. Our family law attorneys counsel individuals through the full range of divorce, separation, and child custody matters, including joint petitions for divorce, contested petitions for divorce, complaints for contempt and complaints for modification
- Paternity
- GuardianshipYour Health Care Proxy allows you to appoint a person who can make health care decisions if your doctor determines you to be unable to make them for yourself. In Massachusetts, absent a valid Health Care Proxy, none of your family members has a legal right to make healthcare decisions on your behalf. The law in our state makes no provisions for “next of kin” to control your health care. Instead, pursuant to Massachusetts General Laws C. 201D s. 16, health care providers are allowed, but not required, to rely on the decisions of your family members. In practice, if you were incapacitated, you doctor might rely on your family members, if they are all in agreement. If you have no family, or if your family members disagree over what should be done, those interested in protecting you may need to institute guardianship proceedings, which can be time-consuming and expensive.
- Spousal SupportMountain Dearborn attorneys assist in determining whether an alimony award is necessary or appropriate. We help clients establish initial alimony awards, as well as review existing alimony awards and assist when appropriate to terminate, modify or extend an existing order.
- Criminal DefenseA former Assistant District Attorney for Worcester County, Ryan P. Donahue brings years of prosecutorial and criminal defense litigation experience as Mountain Dearborn’s first criminal defense attorney. Prior to joining the firm as an Associate this fall, he worked at a general practice firm in Boston where, in addition to criminal defense, he represented clients in a wide range of family law matters and civil litigation.
- DUI/DWIWe defend individuals against allegations of operating/driving under the influence (OUI/DUI). An OUI/DUI conviction can result in severe consequences, including prison time and driver’s license suspension, even for a first offense, and steeper penalties if you have prior OUI/DUI offenses on your record.
- Wrongful Death
- Theft
- MisdemeanorsIf you have been accused of, investigated for, or formally charged with a crime, you need a strong advocate. Mountain Dearborn can help. We bring passion and purpose to protecting your rights. Representing individuals accused of misdemeanors and felonies, we fearlessly advocate for your rights and strive to obtain the most favorable outcome for you.
- Drug CrimesDrug crimes can have serious consequences, but a better outcome is often possible with the help of an experienced attorney. We represent clients in cases involving allegations of possession, distribution, trafficking, and possession with intent to distribute various types of drugs. There are many different ways to defend drug crimes, including motions to dismiss, motions to suppress evidence, and favorable plea agreements.
- AssaultNot all conflicts become violent, but there are all too many situations when disagreements or verbal disputes can rapidly accelerate to the level of assault and battery between the parties. Drug or alcohol consumption is often a factor. The potential punishment can be severe, especially if the case involves a family member, a weapon, or an alleged assault of a police officer. If you have been charged with assault and battery, or if you think you might be charged, it’s important to speak with an experienced attorney as soon as possible to learn about your rights and potential defenses.
- ShopliftingIn Massachusetts, the degree of seriousness for a theft offense depends on the amount stolen and prior convictions. A conviction for any type of theft offense— including shoplifting, grand larceny, or forgery—may adversely affect your future, especially regarding employment. Few employers will hire someone whose theft conviction shows up in a background check. If you are charged with a theft offense, you need an experienced attorney who knows what the government is required to prove and what approaches work best in negotiations with prosecutors. As a former prosecutor, Ryan Donahue
- Restraining OrderIf you receive notice that someone seeks a restraining order against you or has already obtained one, you face serious criminal and civil consequences. You likely will have a very short timeframe in which to respond in your own defense. In fact, a judge can enter the restraining order without your being present or even aware of the request. If the order is issued, it goes into effect immediately, and you must abide by it once you receive it. If you don’t you face fines and possible jail time. A court hearing will usually be scheduled 10 days after the order is issued. This is when both you and the plaintiff can argue why the order should or should not be extended. We can represent you at the hearing to attempt to dissuade the judge from issuing the order against you.
- Forgery
- Corporate LawFounded in Worcester in 1887, Mountain Dearborn provides outstanding legal counsel in the areas of Banking & Commercial Law, Business & Corporate Law, Criminal Defense, Family Law, Guardianships & Conservatorships, Litigation, Real Estate & Land Use, Trusts & Estates and Probate Administration.
- Business FormationMountain Dearborn’s business and corporate lawyers form and represent organizations of all sizes and types, including corporations, limited liability companies, partnerships and sole proprietorships. Often called upon to act as outside General Counsel to our clients, we serve as a trusted extension to their internal teams, crafting customized solutions that address daily operational and legal needs. Our clients draw upon our proven experience with contracts, business formation, employment, financing, franchising, succession planning, sales, acquisitions via stock or asset purchases, and business litigation.
- Business DisputesMountain Dearborn welcomes real estate and business attorney Jennifer Santucci as an Associate. Specializing in commercial real estate acquisitions and dispositions, as well as finance and business law, she works with clients ranging from individuals and lenders to non-profits and for-profit institutions of all sizes.
- Business TransactionsMountain Dearborn represents regional banks and community banks, as well as companies large and small, in commercial transactions. We serve as counsel to parties involved in commercial leasing, in the purchase and sale of commercial real estate, in the purchase and sale of business assets, and in the refinancing and restructuring of debt.
- Limited Liability Companies
- Construction Contracts
- Unfair CompetitionOur attorneys counsel employees and employers regarding claims of breach of contract, breach of fiduciary duty and breach of non-competition agreements, as well as complaints regarding unfair competition and confidentiality agreements.
- Employment Litigation
- Real Estate LitigationClients trust Mountain Dearborn attorneys to resolve a broad range of real estate disputes. Our team represents clients in connection with zoning and land use disputes, title disputes, and other real estate litigation matters in the Superior Court and the Land Court.
- Construction LitigationWe guide clients through all aspects of the real estate development process. We help clients purchase parcels, obtain permits, present plans to local and state boards, debatements with abutters, attend zoning hearings, draft easements and rights of way, sell property and negotiate construction contracts. We know how to guide clients through repurposing, preserving and converting old buildings for new and modern uses. We also advise farmers seeking agricultural or preservation restrictions on land use. Our clients benefit from our detailed knowledge of state and local laws and ordinances, a thorough understanding of regulations and broad experience in all aspects of real estate development.
- Real Estate TransactionsWe advise developers, property owners and property management executives in all aspects of real estate transactions. Clients seek our deep understanding of the market and exceptional legal skills to purchase, sell and lease residential and commercial real estate.
- Easement
- Land Use and ZoningOur broad expertise in all aspects of real estate and land use law provides a strong basis for effective representation. We handle a wide range of claims including those involving the purchase and sale of property, partition, zoning and permitting, tax abatements, leasing, commercial eviction and adverse possession. Because of our experience, we are called upon by the courts to manage and sell disputed assets and mediate issues between litigants.
- Personal InjuryWe prosecute virtually all kinds of personal injury claims, including wrongful death and product liability matters. We evaluate each claim in the case as early as possible, using medical and other expert guidance as needed to present the case at trial. If appropriate, we typically explore handling these matters on a contingent fee basis.
- Medicaid PlanningMountain Dearborn estate planning attorneys provide sound guidance across all aspects of estate and gift tax planning. Clients rely on our experience to create wills and trusts of all types, durable powers of attorney and health care proxies as well as complex estate planning arrangements, including business succession plans and private foundations. Given our depth of knowledge concerning tax laws, we are often called upon for advice related to developing plans for charitable giving. Additionally, our attorneys handle important elder law matters as they relate to estate planning, including Medicaid planning, nursing home care and other complex wealth transfer matters.
- Estate PlanningMarried and have living parents, then the situation becomes more complicated: Your surviving spouse and parents each will receive a share of your property, in proportions determined by the statute. That’s not good if you want your spouse to have everything. Nor is it good if you have a partner to whom you want to leave anything. In those cases, you should consider calling an estate planning lawyer.
- WillsOur lawyers handle the full spectrum of will contests, trust contests, breach of fiduciary duty actions and other trust and estate disputes that arise. When facing contested matters in the probate courts, Mountain Dearborn attorneys have extensive experience representing clients both seeking relief from the court and defending actions in the court. We are able to offer appropriate arrangements that resolve the dispute at hand or present the issue to a court for determination.
- TrustsForget “trust fund baby” stereotypes. A trust agreement serves as a robust part of estates of all sizes. Your attorney may recommend that you create a revocable trust for a variety of reasons: to win favorable estate tax treatment, to hold money for the benefit of minors or disabled beneficiaries, or simply to avoid the time and expense of probate. In some cases, your estate planning attorney may recommend an irrevocable trust for asset protection (including MassHealth planning), for holding life insurance, or for more sophisticated gifting, including charitable bequests.
- Power of AttorneyFurther, you should reevaluate your plan often and ponder whether you are still satisfied with it. If you determine that you do not need a will now, then at the very least you should have a Health Care Proxy and a Durable Power of Attorney. My colleagues and I at Mountain Dearborn are willing to help you whenever you wish.
- Probate
- Tax LawAttorney Nina T. Dow of Mountain, Dearborn & Whiting is among the Massachusetts Super Lawyers and Rising Stars for 2019. Specializing in estate and tax planning, she joined the firm in 2018. [...]