The attorney-client privilege belongs solely to the client, and protects communications between a client and their attorney from disclosure permanently, and even after death, unless the client waives the privilege. The privilege can be waived either intentionally or unintentionally, and it’s easier to waive than you may think. Simply disclosing the information to a third […]
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RSS feed for this sectionHealth Club Liability Waivers are Unenforceable in Massachusetts
By Robert Allison on May 6, 2019Fitness is a booming industry with the number of gym memberships in the United States steadily increasing over the last decade. Today more than 60 million people are members of one of the more than 36,000 health clubs in the U.S., including nearly 25% of the Massachusetts adult population. At the same time, gym injuries […]
Mechanic’s Liens: Perfection Is Nine-Tenths of the Law
By Robert Allison on October 2, 2018In Massachusetts a mechanic’s lien is a statutorily created lien against real property which secures the right to payment for services rendered by contractors, laborers, and suppliers regarding the construction, repair, or improvement to real estate. In existence in Massachusetts since the 1800’s, a mechanic’s lien is a powerful tool for creditors which allows them […]
Libel & Slander: Why Politicians Don’t Sue for Defamation
By Robert Allison on February 17, 2017In this era of fake news, criminal accusations, and allegations of misconduct made toward politicians, some people may wonder why they don’t sue to set the record straight. The main reason may be that, because the First Amendment protects freedom of speech and of the press, any action based on the content of statements must […]
Massachusetts Adopts the Continuing Treatment Doctrine in Medical Malpractice Claims
By Robert Allison on December 25, 2016Statute of Limitations: Continuing Treatment In Massachusetts the statute of limitations for medical malpractice actions is three years from the date the injured party knew or reasonably should have known that he or she had been harmed by the conduct of the medical provider. However, in a recent case, the state’s highest court for the […]