I recall the time, as a joke, a relative made a piece of ceramic “art” and signed it “Picasso.” He then told our family that he had purchased an original ceramic ashtray by the late, great artist. We all had a good laugh. But had this event happened today, and if Picasso were still alive, my relative would have been in violation of the Visual Artists Rights Act of 1990.
Aug
20
Aug
20
Using Strategic and Tactical Decision Making to Control Litigation Costs
It is, perhaps, too obvious to be worth noting that the costs of litigation are a primary source of friction between clients and their attorneys. Though a good attorney will do his or her best to advise a client of the likely costs of litigation at the outset of a case, all too often, as cases drag on, the costs of litigating a case spiral far beyond the expectations of clients. Such a result can threaten the working relationship between a party and its attorney, and, if left unaddressed, can impact the results of the litigation itself.
Aug
18
The Many Costs of Divorce (Part 1)
This article is the first of several which will address the many costs of a divorce. The first cost to come to mind for most people is probably legal fees. Legal fees can add up quickly and are often problematic for many litigants who may already be emotionally distraught from their own circumstances.
Fees vary from attorney to attorney, and from firm to firm. When hiring an attorney to represent you in a divorce, the following fee issues should be addressed and confirmed:
1. The attorney’s hourly rate;
2. Whether other members of the firm may be working on the case; and if so, their respective rates;
3. Whether a retainer is required;
4. The amount of the retainer required;
5. Whether a minimum on-going retainer is required at all times;
6. As realistic as possible range of legal fees which may be incurred;
7. The office’s policy on incurring other costs, other than time billed for legal work; and
8. How often an itemized invoice is provided, documenting the legal work done on your behalf.
Aug
17
Kid’s Law (Part 1)
Having written twice about “Dad’s Law” as it relates to my college-age daughter, I am now taking on a bit of a role reversal. As parents age, the process of starting to take over certain tasks and responsibilities for our parents can be one of the most distressing experiences of a lifetime. After a lifetime of looking to our parents for guidance, there comes a point when our parents begin to look to us for guidance.
Read the rest of this entry »
May
13
Intend What You “Will…”
Konowitz & Greenberg recently represented the Executrix of an Estate in a Will contest filed by the adult children of the decedent, and successfully obtained summary judgment in favor of the Executrix, striking the objections to the Will. While the Court ultimately upheld the validity of the Will, the challenge created considerable expenses for the Estate, and the case highlights the importance of keeping your Will up to date and of making your wishes upon your death clear and unambiguous. Where your wishes are not clear, it will be left to the courts to try to determine your intentions and what you would have wanted.
May
12
When Taking Pen to Paper
You: An artist or creative person who was just offered the opportunity to show or publish your work. (Good Job!) You are overwhelmed with excitement and you are as nervous as can be.
The Scene: An office, studio or gallery where you have just been handed a contract by the gallery owner or publisher.
The Question: What do you do?
Initially, you, like many artists who have worked for years for such an opportunity, might want to shout out “Where is my pen? I am ready willing and able to sign!” However, in this instance it is best to keep those impulses under control, take the contract home, and take time to review it carefully. If you have questions or concerns about the meaning of any terms of the contract, it is a good idea to consult an attorney.
May
12
Snow and Ice Liability…Are Changes Afoot?
Winter presents challenges to property and business owners regarding the removal of snow and ice from their premises, and making the premises safe for invitees. It is important for property owners and businesses to understand the law in this area and to be aware of the potential changes in the law that affect a property owner’s exposure to liability in the event someone is injured on your property due to a fall on ice or snow.
May
12
Informal Probate is Coming to Massachusetts
The laws in Massachusetts affecting the probate of Wills, dying without a Will (intestate), and the administration of estates have undergone a complete transformation. Effective on July 1, 2011, the Massachusetts Probate Code (the “Code”) repeals the majority of the existing chapters and statutes on probate law in an effort to simplify, streamline and clarify the process of settling a person’s affairs in a manner consistent with his or her intent. One of the most significant changes is the introduction of informal probate.
May
12
Dad Law: I Cannot Believe They Are Adults (Part 2)!
With my older daughter now a second semester freshman, I never thought that there would be a second part to “legally she is an adult.” I am confident that, as an adult and as a college student, she is prepared to understand and appreciate what is asked of her. Of course, I also can say with confidence that I hope she will only need to apply such capacities in a different context than what follows!
The Massachusetts Appeals Court recently ruled that Boston College police officers acted legally when they searched student dormitory rooms without a warrant. The search, prompted by reports that the students had weapons, found weapons—which were legal, but violated college rules—and also drugs. In the case, a resident director called campus police to say that she had received reports that a student living in the dormitory had been bullying students and waving a knife. Police officers and campus officials then went to the room in question, knocked, and eventually entered when the students living there opened the door.
May
11
Restraining Orders…to Do or Not to Do
Massachusetts General Laws Chapter 209A, § 1 provides that a person who believes he/she is a victim of abuse may seek a restraining order — in the Superior, District, Probate or Municipal Courts — which prohibits the alleged abuser from coming into contact with the victim. A violation of the restraining order can be grounds for arrest and incarceration.
About Our Law Firm
Proactive Consultation and Advice
Konowitz & Greenberg, P.C. is not your average law firm. Our unique approach to law both protects individual and corporate clients in the event of law disputes, as well as provides proactive consultation and advice to clients as they plan for success in their business and personal lives.
