Fein Law Office Braintree MA Business Law Attorney | Litigation Lawyer 2026-09-03T07:35:51Z https://www.feinlawoffice.com/feed/atom/ WordPress On Behalf of Fein Law Office <![CDATA[Is a bad outcome the same as legal malpractice in Massachusetts?]]> https://www.feinlawoffice.com/?p=47911 2026-08-31T07:36:45Z 2026-09-03T07:35:51Z What legal malpractice requires A valid malpractice claim requires more than anger or regret. A former client must generally show four things:
  • That an attorney-client relationship existed
  • That the attorney was negligent
  • That the negligence directly caused a loss
  • That the loss was real and measurable
Actual financial damages must flow directly from the lawyer's error. In cases involving prior litigation, the client generally must also show that the underlying matter would have succeeded but for the lawyer's mistake, a requirement sometimes called the "case within a case" doctrine.

When a poor result may point to negligence

Massachusetts law draws a line between an unfavorable outcome and professional negligence. A strategy that simply did not work may not be enough to support a claim. However, when an attorney's conduct falls clearly outside the accepted standard of professional care, the situation becomes a different matter entirely.

Facts that may support a malpractice review

Certain circumstances suggest that an attorney's conduct may deserve closer scrutiny:
  • The attorney missed a court deadline.
  • The attorney failed to review or present key evidence.
  • The attorney did not explain settlement terms before signing.
  • The attorney did not disclose a conflict of interest.
  • The attorney mishandled client funds or records.
These facts do not prove liability on their own. They do, however, suggest that a trained review may reveal whether professional standards fell short and whether the harm can be addressed.

What a harmed client can do next

Someone who received poor legal representation may still have recourse. Acting quickly matters, as Massachusetts law sets a three-year time limit to bring a legal malpractice claim. That period generally begins when a client knows or reasonably should know that harm resulted from the attorney's conduct. Waiting can make it harder to preserve key records or assess the full extent of the loss. A careful review of the facts can clarify whether what happened reflects professional negligence and whether a claim is worth pursuing.]]> On Behalf of Fein Law Office <![CDATA[Can a co-owner sue after being locked out of the business?]]> https://www.feinlawoffice.com/?p=47906 2026-08-17T13:02:52Z 2026-08-20T13:00:41Z Being shut out of a company you helped build can feel like the ground moved overnight. You may fear the other owner is moving money, signing new deals or telling customers that you are no longer involved. Still, a changed password or locked office does not settle the legal issue. First, look at your ownership rights, your role in management and any financial harm.

Ownership can survive a management lockout

You may have grounds to sue, but a stake in the company does not always give you equal control over daily work. Start with the operating agreement, shareholder agreement, bylaws and formation papers. These documents may put one manager in charge or require both owners to approve major choices. Even so, another owner usually cannot wipe out your stake or deny the money rights that come with it.

Some claims belong to the business itself

A lockout can harm you directly, but the other owner’s conduct may also damage the company. Diverting money, transferring assets or taking opportunities for personal benefit can reduce the value of everyone’s ownership stake. Depending on the business structure and facts, you may be able to bring a derivative action on the company’s behalf. Massachusetts court rules describe this as a lawsuit seeking relief for a wrong done to the corporation or other association. Any recovery may belong to the company rather than going directly to you.  That distinction matters when weighing business ownership litigation. A direct claim addresses harm to your own rights, while a derivative claim addresses harm suffered by the business. Some disputes may involve both.

A lawsuit can provide several forms of relief

Whether litigation makes sense depends on what occurred during and after the lockout. Possible claims may involve breach of the owners’ agreement, denial of access to company records, breach of fiduciary duty or improper diversion of business funds. Depending on the evidence, a court may order access to records, prevent a disputed transfer or award financial damages. Other disputes may end through an accounting, negotiated buyout or judicial dissolution of the company. Because each remedy affects ownership, control and the business’s long-term value differently, the strongest approach often depends on the harm you can document.

Careful records can strengthen your position

Save copies of ownership papers, tax records, bank statements, meeting notices and messages about the lockout. Do not drain an account, delete files or force your way back into a system after the other owner revokes your access. Those steps may create a new dispute and weaken your position. A lockout may be a warning sign, but it is not the whole case. The documents, money trail and steps each owner took will shape what comes next. A calm review of those facts can protect your stake without causing more damage to the company you helped build.]]> On Behalf of Fein Law Office <![CDATA[When should a sole proprietor consider forming an LLC?]]> https://www.feinlawoffice.com/?p=47904 2026-07-31T10:43:21Z 2026-08-05T10:42:27Z When does personal liability become a concern? Sole proprietors face unlimited personal liability for business debts and legal claims. If a client sues or a vendor demands payment, personal savings, homes and vehicles may be at risk. This exposure grows as revenue increases or as the business takes on workers. Forming an LLC creates a legal separation between personal and business assets. This structure typically shields owners from business debts when properly maintained. This includes keeping separate bank accounts, adequate capitalization and following legal requirements. However, courts may remove this protection if the LLC is misused or formalities are ignored. The nature of your industry also affects liability risk. Service providers, consultants and contractors often face higher exposure to professional liability claims. Product-based businesses may encounter warranty disputes or product liability issues. Understanding your specific risk profile helps determine whether LLC protection is appropriate for your situation.

What business growth signals suggest LLC formation?

Certain milestones often show it is time to formalize your business structure. Hiring workers, signing commercial leases or entering into major contracts all increase legal exposure. Clients and vendors may also prefer working with an LLC. Tax planning becomes more complex as income rises. A basic LLC does not change self-employment tax obligations. However, electing S corporation status may allow owners to reduce self-employment taxes by paying themselves a reasonable salary and taking additional profits as distributions. This election involves additional compliance requirements and costs. You should evaluate this option with a tax professional. Access to financing may improve with formal business structure. Banks and lenders generally view LLCs as more established and credible. This perception can lead to better loan terms and higher credit limits. Building business credit separate from personal credit becomes possible once you establish an LLC.

How do you know if the timing is right?

The decision to form an LLC depends on your specific conditions and risk tolerance. Think about the nature of your work, the value of your personal assets and your long-term business plans. If liability concerns keep you awake at night or clients ask about your business structure, formation may be overdue. Understanding business formation options can clarify which structure aligns with your needs. Consulting with a qualified attorney helps ensure the transition protects your interests while supporting future growth.]]> On Behalf of Fein Law Office <![CDATA[What does a probate citation mean if you want to contest a will?]]> https://www.feinlawoffice.com/?p=47901 2026-07-23T12:30:20Z 2026-07-28T12:29:46Z will contest usually needs more than frustration with the inheritance. Common concerns may involve pressure on the person who made the will, questions about whether they understood what they were signing, suspected forgery or fraud affecting the document.

The return date controls the objection deadline

The citation includes a return date, but that date is not usually a required court appearance. Instead, the deadline for filing paperwork that tells the court you object is the deadline, and the citation may also identify the person asking to serve as personal representative.

What to file if you object

If you believe there is a legal reason to challenge the will, the process may involve:
  • Filing a Notice of Appearance (and Objection), also known as form MPC 505a, by 10 a.m. on the return date
  • Preparing an affidavit of objections that explains the specific facts and grounds supporting the challenge
  • Filing that affidavit within 30 days after the return date
  • Sending copies of the objection paperwork to the petitioner’s attorney, or to the petitioner if there is no attorney
These filings give the court a clearer basis to review the objection rather than treating it as a general disagreement with the will.

Missing the deadline can limit your position

If no one responds by the deadline, the court may approve the petition and appoint someone to manage the estate, which can make later objections more difficult. A probate citation may look like routine paperwork, but reviewing it early can help you understand the deadline, the proposed representative and the steps available before the estate moves ahead.]]> On Behalf of Fein Law Office <![CDATA[What should business owners do when a contract dispute starts?]]> https://www.feinlawoffice.com/?p=47902 2026-07-17T10:51:07Z 2026-07-22T23:31:14Z contract dispute can considerably disrupt a business. As such, business owners often need to protect operations while trying to ensure that the terms of a particular contract is upheld. This can lead to challenging situations that might escalate to legal conflict.

Understanding the terms of a contract

One of the first things the business owner should do is to review the terms of a contract at issue to learn about the exact considerations that must be weighed in pursuit of resolution. This can include things like payment terms, deadlines, notice requirements, cancellation rights, limits on damages or dispute resolution procedures. The details in these terms can affect what each side must do in the event of a breach of contract.

Preserving records

Preserving the original signed contract, invoices, proposals, purchase orders, communication, delivery records, change orders and everything else possible can be beneficial, as the evolution of documented understanding between parties can potentially make or break a case.

Communicating carefully

Communication regarding the contract of concern and the dispute at issue should be handled in a professional manner. It should remain factual, specifically note the problem, reference the areas of the contract that was breached and outline the potential resolution.

Tracking losses

Business owners should keep track of the losses they suffer because of any breach of contract. This can include things like extra labor, delayed payments, storage fees, repair expenses, replacement costs and similar expenses, as they may be compensated in the event of a successful legal case. Contract breaches can sometimes lead to litigation, which can take considerable time and money. Working with a legal professional who is familiar with these matters may be beneficial for business owners who want to protect their company’s interests in a contract breach scenario.]]> On Behalf of Fein Law Office <![CDATA[Can employers use a bankruptcy against you?]]> https://www.feinlawoffice.com/?p=47899 2026-07-06T08:25:22Z 2026-07-09T08:24:50Z If you’re considering filing for bankruptcy, you likely have a lot of questions and concerns about how potential unintended negative consequences on your life. One concern you may have is whether employers can find out that you have a bankruptcy on your record.  If you’re working to escape overwhelming debt and have financial stability, the ability to get and keep a good job can be critical. The good news is that, increasingly, the law protects employees’ and job applicants’ privacy when it comes to their credit and finances unless those things are applicable to their suitability for the job.

Restrictions under state and federal law

Here in Massachusetts, thanks to a law that took effect just last year, employers are largely prohibited from using credit reports and credit checks in hiring, promotion, termination and other employment decisions. The primary exceptions are for positions where a national security clearance is required or where state or federal laws require them. Financial institutions, for example, may be allowed to obtain and use this information. Law enforcement agencies may be able to as well.  While the federal Fair Credit Reporting Act (FCRA) doesn’t have the same kind of restrictions as Massachusetts’ and some other states’ laws have, it does require employers to get an applicant’s written authorization to obtain a credit report. If they do get one, they must provide the applicant or employee with a copy and disclose whether the report played a role in an employment decision.

Addressing bankruptcy with an employer if necessary

It’s crucial to know your rights and protections when it comes to what kind of information an employer can access and use against you. However, another thing to consider is that if an employer does access your credit information, rightfully or not, having a lot of debt on your record can be considered just as bad, if not worse, than having a bankruptcy on it. Bankruptcy can be seen as evidence that you saw a problem and took action to solve it. It’s smart to be prepared if you’re seeking a new job or promotion in the future and, if the subject comes up, to be able to address it in a positive way. Many bankruptcies result from largely unavoidable circumstances, like a layoff or a serious illness.  It’s important to learn more about the types of bankruptcy available and separate fact from fiction. Getting experienced legal guidance to determine whether it’s the best solution for you is a good first step.  ]]> On Behalf of Fein Law Office <![CDATA[3 construction issues that may require a signed change order]]> https://www.feinlawoffice.com/?p=47895 2026-06-19T13:06:24Z 2026-06-24T13:05:41Z written change order acknowledged by the property owner or party who contracted the work. What changes may require a written change order to protect the construction business from future lawsuits? Let’s look at three.

1. Scope adjustments

When a simple cosmetic remodeling uncovers structural issues, plumbing concerns or wiring that does not meet code, professionals must typically address those issues. Any substantial change in the scope of a construction project generally requires a signed acknowledgment from the client.

2. A change in materials

Clients may request specific materials based on personal preference or aesthetic standards. Certain types of stone or hardwood can occasionally become difficult to source. Any change in materials, especially if it contradicts direct contractual standards set by the client, generally necessitates a written notification signed and approved by the client. They may prefer to wait longer or pay more to obtain the materials they requested.

3. A change in timeline or costs

Clients often select construction professionals or firms based on the projected costs or completion timeline for a project. When uncontrollable factors lead to delays or drastically alter the overall cost of the project, the client may need to confirm those changes in writing. The right inclusions in a contract and appropriate written communication with clients are both critical for the protection of construction companies. Working with an attorney experienced with construction law can make a major difference for those trying to limit their exposure when the construction project does not go as planned.]]> On Behalf of Fein Law Office <![CDATA[Can anyone challenge a will?]]> https://www.feinlawoffice.com/?p=47893 2026-06-08T14:04:57Z 2026-06-11T14:04:01Z start a will contest.

3 key examples

The first group of people who can usually challenge a will are direct heirs and family members. If an elderly person passes away, their adult children likely have legal standing to challenge the estate plan. The same could be true for a surviving spouse. Next, those who will be impacted by the estate plan, such as its beneficiaries, often also have standing to challenge that will. They do not have to be family members, but simply individuals who are named in the estate plan. The same can be true for someone who was removed from a previous version of a will. Finally, creditors may be able to challenge an estate plan. If a creditor is still owed a significant amount of money, but those assets are instead being given to certain beneficiaries, they may challenge that distribution on the grounds that the debt has to be paid off first.

Addressing a will challenge

The first step in a will challenge is just determining if the person bringing it has legal standing to do so. As the case moves forward, it is important for those involved to know how to address the challenge and what legal steps to take. Seeking legal guidance can help.]]> On Behalf of Fein Law Office <![CDATA[When can a business sue for fraudulent misrepresentation?]]> https://www.feinlawoffice.com/?p=47888 2026-05-27T10:58:37Z 2026-06-01T10:57:33Z Core elements behind the claim Fraudulent misrepresentation is a civil cause of action rooted in intentional deceit. It occurs when a false statement of material fact induces a business transaction and causes financial harm. Massachusetts courts have drawn a line between actionable fraud and ordinary sales talk. A seller who calls their product "great" may be engaging in puffery, but a seller who claims equipment passed a safety inspection when it did not has potentially crossed into misrepresentation territory.

Required proof for your business

To bring forward a claim, you must establish that the other party made a false statement, knew it was false or acted with reckless disregard for its truth and intended to mislead you. You also need to demonstrate that you reasonably relied on that it. The final piece involves proving causation and damages. Your business must show that the misrepresentation caused you damages and that those losses were because of the deception rather than unrelated business risks.

Available remedies in fraud cases

If your case succeeds, Massachusetts law offers the following forms of relief:
  • Compensatory damages
  • Contract rescission
  • Attorney fees and litigation costs
The state's consumer protection law can significantly expand the value of a fraud claim in business-to-business disputes. It also allows courts to award double or treble damages when the deceptive conduct was willful or knowing.

Important considerations before legal action

Massachusetts imposes a three-year deadline on fraud claims. The clock typically begins not from the date of the false statement but from the date you discovered or reasonably could have discovered the fraud, under a principle known as the discovery rule. If your claim also falls under consumer protection, a different timeline and procedure apply. The statute of limitations extends to four years. State law does not require a business plaintiff to send a pre-suit demand letter before filing a business-to-business claim. Due to how much time these cases can consume, speaking with an attorney can help move things along faster. They can evaluate your case, gather evidence and provide you with realistic expectations on what recovery you have available.]]> On Behalf of Fein Law Office <![CDATA[Guidance for choosing bankruptcy exemptions in Massachusetts]]> https://www.feinlawoffice.com/?p=47890 2026-05-22T12:02:39Z 2026-05-27T12:02:00Z Understanding your exemption options Massachusetts filers may choose either the state exemption system or the federal exemption system. Each system protects different types of property, and each has different dollar limits. Here are some factors to consider:
  • Your home equity level may guide you toward the Massachusetts homestead exemption if you need stronger protection for your residence.
  • Your vehicle value may fit better under the federal system if your car is worth more than the Massachusetts limit.
  • Your personal property may influence your choice because the two systems treat household items, jewelry and tools differently.
  • Your savings and cash on hand may be better protected under the federal wildcard exemption if you need flexibility.
  • Your expected future purchases may matter because the federal wildcard exemption can shield new items acquired after filing.
  • Your long-term goals may affect your decision if you plan to keep or sell certain assets after the case ends.
These points allow you to compare Massachusetts exemptions against potential federal exemptions to help protect valuable property and assets.

Why thoughtful selection matters

The exemption system you choose affects what you keep during a bankruptcy case. A careful and informed decision supports a smoother process and helps you move forward with greater confidence. If you need additional guidance, consider getting experienced legal guidance on the bankruptcy process and its implications.]]>