New lawyers required to attend course on professionalism

Beginning September 1, 2013, SJC Rule 3:16 will require all newly-admitted lawyers to complete a day-long program on professionalism.  The Supreme Judicial Court's Standing Advisory Committee on Professionalism has released the list of providers approved to administer the course.  The course will include topics such as law office management, professional ethics, professionalism and civility, social media, and managing the attorney-client relationship.  The approved providers are: The Greater Lynn Bar Association, The Boston Bar Association, The Massachusetts Bar Association and Massachusetts Continuing Legal Education, Inc. (MCLE).      

Emotional Support Animals and Service Animals

Can you keep a pet in your rental apartment, even if there is a “no-pets” policy, by calling it an “emotional support animal”?  People with disabilities are allowed to keep “service animals”, such as dogs that help the blind, deaf, mobility impaired, or even those with a mental impairment; but “emotional support animals” do not fit into this category.  “Service animals” are trained for specific tasks that aid the disabled, while “emotional support animals” are not.  Nevertheless, the law states that people who have disabilities must be allowed to have an emotional support animal, if there is psychiatric documentation to show that the animal helps ameliorate the disability.  This is considered "reasonable accomodation."  Massachusetts court cases are following this trend.  

A landlord in Brighton, Massachusetts was fined by the Massachusetts Commission Against Discrimination (MCAD) in 2011 for banning a man's emotional support dog.  In that case, the man had AIDS and related illnesses, as well as depression.  You can read about that here.

Effective March 15, 2011, only a dog can be a service animal. (28 CFR 36.104) An animal of any species can be an emotional support animal, as mentioned in the Massachusetts Attorney General's webpage on Service Animals: “Other laws, including fair housing and employment discrimination laws, allow animals other than dogs and miniature horses and animals that do not have training, such as “emotional support animals” if it is a reasonable accommodation for a disability.”

Laws that govern the right to keep an "emotional support animal" as a part of "reasonable acommodation" include the regulations under the federal Americans with Disabilities Act (ADA), the Fair Housing Act (FHAct) and Section 504 of the Rehabilitation Act of 1973, which is codified as 29 US Code 701 et seq.  (See especially sections 701 & 794.)

The Massachusetts law that similarly prohibits discrimination in housing and employment, and was used in the Brighton case to uphold the right to keep an "emotional support animal", is Massachusetts General Law ch.151B s.4 . [For housing, see especially s.4(6) & s.4(7A).]

The Massachusetts Trial Court law Libraries has a web page on the law about Service Animals, as well as one on Discrimination.

Service Dog Central website has a great web page on “Emotional Service Animals”.     In addition, its “Frequently Asked Questions” section answers several questions about Emotional Support Animals, including the differences between a service dog, emotional support animal (ESA), a therapy dog; the difference between a psychiatric service dog and an ESA; how to request accommodation for an ESA; and “How can I convince my landlord to allow me to keep my ESA in ‘no pets’ housing?”

New taxes on computer & software services effective 7/31/2013

Tucked neatly into the new Transportation Finance Act (St. 2013, c.46, enacted July 24, 2013, see below) and followed by the Dept. of Revenue's Technical Information Release (TIR 13-10, published July 25, 2013), are new taxes on computer & software services which will be effective July 31, 2013.

SECTION 48. Section 1 of chapter 64H of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Commissioner” the following definition:-
“Computer system design services”, the planning, consulting or designing of computer systems that integrate computer hardware, software or communication technologies and are provided by a vendor or a third party.

SECTION 49. Said section 1 of said chapter 64H, as so appearing, is hereby further amended by striking out, in lines 232 to 242, inclusive, the definition of “Services” and inserting in place thereof the following definition:-
“Services”, a commodity consisting of activities engaged in by a person for another person for a consideration; provided, however, that the term “services” shall not include activities performed by a person who is not in a regular trade or business offering such person’s services to the public, and shall not include services rendered to a member of an affiliated group, as defined by section 1504 of the Internal Revenue Code, by another member of the same affiliated group that does not sell to the public the type of service provided to its affiliate, or data access, data processing or information management services; and provided further, that the term services shall be limited to the following items: telecommunications services, computer system design services and the modification, integration, enhancement, installation or configuration of standardized software.


The Dept. of Revenue says: “If you wish to submit comments or suggestions regarding the application of sales and use taxes to these computer/software services, please send them to rulesandregs@dor.state.ma.us.  DOR also anticipates that there will be opportunity for public comment on a working draft of the regulation amendment before it is formally proposed.”

SJC Seeks Comments on Proposed Changes to the Rules of Professional Conduct

In a press release issued on July 11, 2013, the Supreme Judicial Court's Standing Advisory Committee on the Rules of Professional Conduct published for public comment proposed revisions to the Massachusetts Rules of Professional Conduct.  The Committee reviewed the Massachusetts rules to consider revisions to the American Bar Association's Model Rules of Professional Conduct.

The ABA's Model Rules revisions "reflect recommendations made by the ABA's Ethics 2000 Commission and the ABA's Commission on Ethics 20/20.  The comprehensive amendments proposed by the ABA Ethics 2000 Commission responded to changes in the profession since the Model Rules' adoption in 1983.  The targeted amendments proposed by the ABA Commission on Ethics 20/20 responded to changes in law practice resulting from globalization and the profession's increased use of technology."

You can find the Executive Summary to the Report of the Standing Advisory Committee on the Rules of Professional Conduct that summarizes the Committee's "major proposals and, additionally, identifies those recommendation that have generated dissents from a minority of Committee members.  The complete Report and proposals are available on the Supreme Judicial Court's website."

Following the receipt and review of public comments, the Committee will make its recommendation to the Justices of the SJC. Comments are due by December 2, 2013, and should be directed to The Standing Advisory Committee on the Rules of Professional Conduct, c/o Senior Attorney Barbara Berenson, John Adams Courthouse, One Pemberton Square, Boston MA 02108.  Comments may also be sent to barbara.berenson@sjc.state.ma.us.

Family Vacation Home Can Ruin Your Vacation

Many families have enjoyed decades of leisure time together at beloved holiday homes.  Serious financial and interpersonal family problems can arise when the adult children inherit a home upon the death of their parents.  The AARP cautions that estate planning for the disposition of this often valuable asset is key to preserving family harmony.  A Wall St. Journal article about the many ways the inheritance of the family cottage without a careful estate plan can cause discord, said that a smooth transition is the exception rather than the rule.  Cabin Life magazine described the common psychological stresses and possible legal solutions associated with sharing a vacation retreat in The Shared Cabin: How to split the chores, time and the costs and make everybody happy.

Our libraries have resources to help craft estate plans that ensure continued peaceful stays at the lake, shore or mountains.  Massachusetts Continuing Legal Education recently held a seminar on Planning for the Vacation Home and NOLO books regularly revises Saving the Family Cottage.  We even have The Cottage Rules: an Owners Guide to the Rights and Responsibilities of Sharing Recreational Property, which guides families through the process of setting up written ground rules so that they can all efficiently continue to enjoy their joint inheritance for years into the future.

Independent Contractor? or Employee?

Recently, the United States District Court for the District of Massachusetts ruled in Schwann vs. FedEx that a group of former pick-up and delivery drivers were misclassified as independent contractors instead of employees under the Massachusetts Wage Laws.

Under Massachusetts law, an individual is considered an employee, rather than an independent contractor, unless the putative employer proves all of the following: (1) the individual is free from control and direction in connection with the performance of his or her service, both under his or her contract and in fact; (2) the service is performed outside the usual course of the business of the employer; and (3) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. 

Massachusetts Independent Contractor/Misclassification Law by the  Massachusetts Attorney General [Advisory 2008/1], covers the history of the law, the three-prong test, what constitutes violation of the law, and enforcement guidelines.

Additional information can be found on our page Massachusetts Law About Independent Contractors and Massachusetts Law About Wages.

Social media, the good, the bad, and the ugly

The number of people using  social media has blossomed over the years. Once thought of as simply a way to catch up with old friends and keep up with new ones (the good), the dissemination of personal information has impacted the lives of many people (the bad), even leading to lawsuits (the ugly).

To help sort out the multitude of issues, a number of books have been written, many of which are available at the Trial Court Law Libraries. One can borrow the ABA's  Social media as evidence, Suffolk University Law School's, Social networking sites: law, policy, and practical strategies, or one of MCLE's, The impact of social media and other electronic evidence on your domestic relations practice, Using social media to win cases, or Employment law landmines in social media.

The bottom line is, do not post anything online unless you are comfortable sharing it with your spouse, parents, in-laws, grandparents, children, siblings, bosses, future bosses,....and the list goes on.

Need a lawyer?

Not sure how to find the best lawyer for your case?  Try our FIND A LAWYER PAGE. We link to a guide to help you choose the lawyer who is best the for you; a legal aid directory of free and low-cost legal aid programs across the state, searchable by town or county; and information on Limited Assistance Representation program that allows attorneys to assist self-represented litigants in some Massachusetts courts with selected documents or appearances without taking on full representation. 

Tenant's Right to Heat and Lights and ........Air Conditioning???

The Massachusetts State Sanitary Code Chapter II sets forth the Minimum Standards of Fitness for Habitation.   All landlord's are required to meet these standards or face severe penalties.  While heat, hot water and electricity are deemed necessary, air conditioning is not.
For more on Landlord Tenant Law please visit our website.

Massachusetts Grown . . . and Fresher!

An “Agri-Google” map, created by the Massachusetts Department of Agricultural Resources in 2010, functions as a gateway to finding farm products, specialty foods and fun ag-tivities.  The “Massachusetts  Grown. . . and Fresher!” initiative promotes buying and eating local agricultural products when they are in season.  Agricultural Fairs 2013 are currently in the spotlight, and you can also find links to farmers’ markets, pick-your-own farms, CSA farms and wineries.

The Massachusetts Food Policy Council was established in 2010 in order to increase production, sales and consumption of Massachusetts-grown foods, to develop and promote programs to bring these foods to our citizens, to protect the land and water resources needed for sustained local food production, and to help farmers insure that food production, processing and distribution is economically viable in the Commonwealth.  The 17 member Council was created by our state’s Legislature in Chapter 277 of the Acts of 2010, codified in M.G.L. c.20, §6C.

Who speaks for "Peppermint"?

On February 17, 2007, Peppermint, a Bishon Frise, was viciously attacked by an unleashed German Sheppard.  Marcia and John Irwin, Peppermint's owners, sued the owners of the Sheppard under the Massachusetts "dog bite" law, Chapter 140, Section 155. 

The Trial Court found the defendants liable under the statute and awarded damages to the Irwins in the amount of $8,608.05 - the total of their veterinary bills.

The defendants appealed and contended that "the measure of damages should not have been the cost of treating the injured dog but rather the diminution in value of the dog as a result of the attack.  The defendants also argued "that the maximum recovery available to the plaintiffs" should be the market value of the dog!

Writing for the Northern District of the Appellate Division of the District Court Department, Judge Pierce disagreed with both contentions and upheld the damages awarded by the trial court.

The decision, Irwin v. Deresh, 2012 Mass. App. Div. 142, 2012 WL 2702960, is a perfect example of the workings of the American legal system in general and the ability of the courts to administer justice.  In an age and culture which often misunderstands and/or criticizes both,  Irwin should be taught in every Civics class.  The two legal concepts of statutory construction and precedent  are central to the decision in this case - and to the many cases decided in appellate courts across the country every working day of the year.

Chapter 140, Section 155 of the General Laws reads, in part, "If any dog shall do any damage to either the body or property of any person, the owner or keeper.....shall be liable for such damage...."  Like many statutes, the dog bite statute states a general rule; however, the legislature could not look into the future to anticipate every controversy that might arise under the statute.  In this case, how to determine damages is a perfect example.  Judge Pierce, in his decision, looks at Massachusetts case law that determines how damages are to be measured.  Reasoning that "fair market value" would place the dog in the same category as an "automobile or appliance, whose market value and replacement cost can be determined with a high degree of accuracy",  Judge Pierce looks at other cases where "diminution in market value is unavailable or unsatisfactory as a measure of damages..."
and holds that awarding "plaintiffs the reasonable amount paid in veterinary costs was well within the trial court's proper exercise of discretion and wholly consistent with the goal of returning the plaintiffs to the position they were in prior to the wrongful conduct."

Under the doctrines of statutory construction and  precedent it is now  the statute as interpreted by Judge Pierce that can be applied to a case with similar facts. 

Who speaks for "Peppermint"?  No less authority than the judicial branch of the Commonwealth of Massachusetts!

How to Identify Valid Federal Government Social Media Sites

The federal government uses social media sites like Facebook, Twitter and YouTube to communicate with the public and provide easy access to government information.  But social media sites are hosted on commercial domains (not .gov or .mil domains) making it difficult to determine which accounts are official government sources and which are impersonators.

Use the federal Social Media Registry to verify whether or not a social media site is managed by the U. S. government.  Enter the complete URL of the account you're verifying ( for example: http://twitter.com/whitehouse)

Where do Judges Come From?

Applicants for Massachusetts Judicial Offices undergo a rigorous selection process, with a number of requirements.  The three bodies involved in selecting a judge include: the Joint Bar Committee on Judicial Appointments, the Judicial Nomination Commission, and the Executive, or Governor's Council.

The following MBA publication gives a detailed review for those interested in the process:
A Guide to the Massachusetts Judicial Selection Process, 2nd edition, by Attorney Martin W. Healy.

SJC Allows Searching of E-Mail With Safeguard Protocol

This week the Massachusetts Supreme Judicial Court clarified the process to be used to examine a defendant's email after indictment.  The Preventive Medicine Associates case addresses the delicate intersection of search and seizure and attorney-client privilege law in an age when so much evidence has gone from paper to  electronic.  The Court has issued parameters for the future use of "taint teams" to sort out criminal evidence from privileged communication in a defendant's email.  The difficulty of ensuring an impenetrable wall between members of the taint team and the prosecution team was a key issue in this case which involved Medicaid fraud against MassHealth through inappropriate referrals by sober homes for drug testing to a specific group of medical practices.

For more information about the rapidly evolving world of electronic evidence see our page on the Massachusetts Law About Electronic Discovery.

Issue of work visas may have considerable effect for Massachusetts

 

Currently, Congress is debating extensive immigration reform.  At the end of June,  the U.S. Senate passed Senate Bill 744 which would expand the number of H-1B visas.  The bill would also create a merit-based point system for future immigration based upon elements such as education and job skills.  One section that is vastly important for Massachusetts is increasing the number of high-skilled foreign workers allowed to work and live in the United States.  According to a study by two professors, the number of top universities as well as technology and scientific companies makes Massachusetts the second most reliant state on H-1B visas with the Boston area ranking fifth among all metropolitan areas in dependency on H-1B visas.
 

In a recent article, Harvard Business School Professor William Kerr  stated that “changing the H-1B visa program will impact Boston and Massachusetts to a greater extent than they will many other parts of the United States. We’re a place that has always relied a lot on immigration in science and other technology. Our schools have lot of immigrants who graduate from them and want to stay in the United States.”  Presently, the demand for H-1B visas is higher than those available.

For more information about immigration, see our webpage Massachusetts Law About Immigration.

Massachusetts health insurance enrollment, July 1 - August 15

All Mass residents must have health insurance, whether it's a group insurance plan or private insurance.  This excellent state website provides links to tools which will help to compare all plans side-by-side so the best plan can be chosen for specific needs and budget.

How much time do you have to pay bills?

The Globe recently took this question, and we thank them for their input.  We have included a little more with links.
Phone bills should be sent about 33 days before they are due, and the bill should reflect a 30 day period to pay the bill.  DPU 18448
Cable bills are a little confusing, as due dates can be as little as 5 days from the date of mailing, but the customer is not delinquent until 30 days from the bill due date. 207 CMR 10.05.
Gas and electric utilities regulations are such that the due date is 45 days from the billing, or the time between receipt of the last bill, whichever is greater. (a little confusing) 220 CMR 25.02.
Credit card bills are due 21 days from the date of the bill. Consumer Finance Protection Agency (federal).
For related information see our Debt Collection and Credit and Banking pages.

July 14, 1921

A paymaster for a shoe company in South Braintree, Mass. and his guard were shot and killed on April 15, 1920.  The murderers, described as two Italian men, escaped with more than $15,000. 

Avowed anarchists Nicola Sacco and Bartolomeo Vanzetti were arrested and charged with the crime.  They were found guilty of murder in the first degree on July 14, 1921.  Much of the evidence against them was later discredited, including the confession of Medeiros. The Supreme Judicial Court, however, did not overturn the verdict, and Governor Fuller denied the pair clemency. Sporadic protests occurred in Massachusetts and around the world calling for their release, but on August 19, 1927,  U. S. Supreme Court Justice Oliver Wendell Holmes denied a stay of execution.   On August 23, 1927 they were electrocuted.

On the 50th anniversary of their execution Governor Dukakis issued a proclamation naming that day Sacco and Vanzetti Memorial Day, urging the people of Massachusetts to "reflect upon these tragic events, and draw from their historic lessons the resolve to prevent the forces of intolerance, fear, and hatred from ever again uniting to overcome rationality, wisdom, and fairness to which our legal system aspires."

Various resources including a chronology, excepts from the trial transcript, summary of evidence and appellate decisions can be found on Famous Trials.  The Sacco and Vanzetti Commemoration Society website highlights activities of the group and includes documents, a bibliography and more. An extensive article was written in the Atlantic Monthly.

While in Boston you may wish to view the 7 foot bas relief sculpture commemorating Sacco and Vanzetti in the Boston Public Library Rare Book room.  There is also an exhibit, "Sacco and Vanzetti:  Justice on Trial," in the Great Hall on the first floor of the John Adams Courthouse.  It is included in public tours of the courthouse on Mondays and Thursdays and  also open to the general public, Monday-Friday, 8:30 am - 5:00 pm.  You can also take a virtual tour.

Since the 1920s this case has inspired books, movies, plays, poems, paintings and music.

Considering an appeal to the United States Supreme Court?

If you are considering taking your case all the way to the Supreme Court in Washington, D.C., we have materials to assist you. Since 1950, the goal of the authors of numerous editions of  Supreme Court Practice has been "to set forth in a single volume *** as close as possible to everything, outside of the field of substantive law, that a lawyer would want to know in handling a case in the Supreme Court."

If the Court takes your case, you have another guide in Supreme Court and Appellate Advocacy, written by former Assistant Solicitor General David C. Frederick, with a foreword by Associate Justice of the Supreme Court Ruth Bader Ginsburg.

Landmark Supreme Court Cases: The Most Influential Decisions of the Supreme Court of the United States might help you prepare your case, along with such titles as Making Your Case: The Art of Persuading Judges or Reading the Law: The Interpretation of Legal Texts, both co-authored by Associate Justice of the Supreme Court Antonin Scalia and Bryan A. Garner, in addition to our many books on substantive law in our catalog.

On the internet, the U. S. Supreme Court's website has a wealth of information, including its docket, recent decisions, rules, oral argument information, bar admissions, case handling guides and its calendar. Also on the internet, SCOTUSblog, one of the best law blogs, is a good source of information on Supreme Court cases (including live-blogging opinions as they are issued), nominations and confirmations.

And if you'd like to take a peek behind the curtain, you might try In Chambers: Stories of Supreme Court Law Clerks and Their Justices

 Good Reading!

Who Owns the Beach?

Tideland “is the legal term for all land beneath the waters of the ocean, including lands that are always submerged as well as those in the intertidal area (i.e., between the high and low tide marks).  In every coastal state, the use of tidelands is governed by a concept in property law known as the Public Trust Doctrine, which dates back centuries to ancient Roman law.  The doctrine states that all rights in tidelands and the water itself are held by the state ‘in trust’ for the benefit of the public. In most states, this means that public ownership begins at the high water mark.”

Not so in Massachusetts.  In the Colonial Ordinance of 1641-47, the Massachusetts Bay Colony moved the line between public and private property farther seaward to the low tide mark.  In Massachusetts, the intertidal area known as private tidelands are "presumed to belong to the upland property owner, unless legal documentation provers otherwise for a given parcel."

“Although the Colonial Ordinance changed the ownership of most intertidal flats from public to private, it did not transfer all property rights originally held in trust by the state.  For one thing, no rights to the water itself (as distinct from the underlying lands) were relinquished by the Ordinance. Moreover, the law specifically reserved for the public the right to continue to use private tidelands for three purposes-fishing, fowling, and navigation. “

Legal questions related to ownership of and access to our beaches are delineated by the Massachusetts Office of Coastal Zone Management.   “Massachusetts Law About Beach Rights” offers more information about this surprisingly complex subject.

"Ense petit placidam sub libertate quietem"

 



 "By the sword we seek peace, but peace only under liberty." Such were the words of the famous English patriot, Algernon Sydney in 1659.   His words live on today as they appear as the motto on The Great Seal of the Commonwealth of Massachusetts.

The seal has undergone many changes since it's first inception in 1629 to when Nathan Cushing's design returned the seal to it's original depiction of a native American Indian in 1780.  Paul Revere was, for the second time, commissioned to engrave the seal.        Revere presented his bill on December 23, 1780 - the signed original is located at the Massachusetts Archives.  For some time subsequent engravers varied the appearance of the seal.  It was not until June 4, 1885, that the legislature enacted St. 1885, c. 288 which prescribed the seal in its present form.

  

Swimming pool regulations - where are they?

Private swimming pools are an easy way to beat the summer heat in Massachusetts; however, finding laws or regulations that govern safety issues can be a bit difficult. 

The 2009 International Building Code, adopted by the Commonwealth of Massachusetts, Section 3109 is the first place to look.  Section 3109 governs "Swimming Pool Enclosures and Safety Devices."

The Code of Massachusetts Regulations (105 CMR 435) sets "Minimum Standards for Swimming Pools", but the regulations deal mainly with "public" and "semi-public" pools.  Chapter 140 of the General Laws, section 206 governs "public and semi-public outdoor inground swimming pools.  Finally, the Massachusetts Department of Public Health has an informative site titled "Pools", but again, the information does not cover private pools.

A Google search brings up information on private swimming pool regulations, but links to statutes and regulations are either missing or not operative. 

For those planning to install a private pool, the best course of action is to check with their local by-laws and ordinances.  Such regulations can be found under the building department or the local board of health.  Marblehead is an example of published regulations.

Casino and gaming update

Want to know more about gaming in Massachusetts? The Massachusetts Gaming Commission has a great website with up-to-date information. The General Law has established two phases. Phase 1 details the contents, process, fees, procedures and standards for the initial Phase 1 qualification stage of the licensing process for gaming licenses. Phase 2 focus is on the merits of an applicant’s proposed gaming establishment and other matters within the Commission’s jurisdiction. The Commissions regulations can be found here.

Phase two is now underway. The Commission hopes to have slot machine parlors by December of 2013 and casino licenses for eastern and western Massachusetts by April 2014. A timeline can be found here. . You can also find information on our 'Law About Gambling' page and our 'Law about Indian Casinos' page.

U.S. Supreme Court will hear challenge to Mass. abortion clinic buffer zone law

A challenge to the Mass. abortion clinic buffer zone law, McCullen et al v Coakley et al, will be heard by the Supreme Court in their October term, 2013.  On June 24 the Court granted a writ of certiorari to petitioners who are objecting to the law that keeps protesters 35 feet away from abortion clinics. They are appealing a January 2013 decision by the U. S. Appeals Court.

The U. S. Appeals Court upheld the law in Eleanor McCullen v Martha Coakley et al.  "...The right of the state  to take reasonable steps to ensure the safe passage of persons wishing to enter healthcare facilities cannot seriously be questioned.  The Massachusetts statute at issue here is a content-neutral, narrowly tailored time-place-manner regulation that protects the rights of prospective patients and clinic employees without offending the First Amendment rights of others. We therefore affirm...."   The Court affirmed a decision by US District Judge Joseph L. Tauro in February 2012.

For information on abortion, please visit our Law About Abortion page.

Massachusetts Foreclosure Regulations Amended

The Massachusetts Division of Banks amended their foreclosure regulations last month by adding subsections relative to requirements for mortgage loan modifications.  (209 Code of Mass. Regulations 56)   The amendments became effective on June 21, 2013, and "they require lenders to consider loss mitigation options before proceeding to foreclosure.  Lenders must compare the cost of the mortgage loan modification to the cost of foreclosing using a net present value analysis prior to foreclosure on certain mortgage loans."   For further information, see the Division of Bank's press release and the Trial Court Law Libraries' web page on foreclosure. 

Seeking to modify your alimony?

A new form, "Complaint for Modification of Alimony," has been issued by the Probate and Family Court.   This fillable online form along with instructions can be accessed through our page Massachusetts Legal Forms as well as the Probate and Family Court forms page.

Changes to Rule 412 of the Supplemental Rules of the Probate and Family Court

In a press release dated June 28, 2013, the Mass. Probate and Family Court announced changes to Rule 412 of the Supplemental Rules of the Probate and Family Court.  Effective August 1, 2013, the amended rule is now entitled: "Uncontested Actions to Modify a Judgment or Order."  See also Rule 412 with Changes Highlighted and Rule 412 with Changes Incorporated.  Prior to the effective date, instructions and forms required by the rule will be released and posted on the Probate and Family Court website.

"The changes to Rule 412 allow parties to jointly request modification of a judgment or order of the Probate and Family Court where the parties are in agreement, the agreement is in writing, and all other requirements of the Rules are met.  The changes to the Rule will allow the Probate and Family Court to handle more cases administratively."

Rule 412 and all other Massachusetts court rules can be found at Massachusetts Rules of Court.  The Supplemental Rules of the Probate and Family Court EBook is now available as well as other EBooks for download to mobile devices like smartphones and tablet computers from our EBooks page.  There you will find instructions for downloading, installing and using the EBooks.

Fido's Day at the Beach

A day of family fun at the beach often includes Fido.   Fortunately, Massachusetts offers a number of dog friendly beaches for all to enjoy.   Just a reminder as we celebrate the 4th of July, summer heat presents certain challenges for our furry friends.  To ensure a day of carefree, frolicking fun take a moment to 'bone' up on the law of dog health and safety via our website; and dog etiquette via the Massachusetts Executive Office of Energy and Environmental Affairs.  Fido will thank you for it!

July 2, 1776

Resolved, that these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.  That it is expedient forthwith to take the most effectual measures for forming foreign Alliances. That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.

 - Resolution introduced by Richard Henry Lee (Virginia)

   Adopted by the 2^nd Continental Congress in Philadelphia, July 2, 1776

John Adams then wrote to his wife, Abigail, who was at home in Massachusetts:

“The Second Day of July 1776, will be the most memorable Epocha, in the History of America. I am apt to believe that it will be celebrated, by succeeding Generations, as the great anniversary Festival. It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.”

The correspondence between John and Abigail Adams is available from the Massachusetts Historical Society.

I scream, you scream, we all scream for ice cream!

Now that the 4th of July is fast approaching, do you ever wonder what regulations cover the cleanliness of that ice cream truck coming through your neighborhood?

This set of regulations covers the quality of the ice cream and frozen treats you are about to dig into.

What about your trips to the beach? What are the local parking regulations in the city or town you live in or are traveling to?

Wondering if you should go past the fence to the other side of the beach? Then you want to look at our webpage on Massachusetts Law about Beach Rights.

And what if you received a ticket for parking in the wrong spot? You might want to borrow our books on beating your traffic ticket.

If you have a Law Library card, you can access the electronic version of this title.

Have a safe and Happy 4th of July!!! And if you're wondering about how fireworks are regulated, you can look at our link to laws about fireworks.