Drafting and Negotiating Massachusetts Contracts
Be the advocate your client needs
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- Product Number: 2224160WFM
- Publication Date: 4/29/2022
- Edition: 3rd Edition 2018, with 2020 & 2022 Supplements
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
A powerhouse resource for family law practitioners, this practical and comprehensive reference takes you through each step of the divorce process, from tips for conducting your first client meeting to post-trial motions. Not only does it provide you with the essential advice you'll need to effectively represent a divorce client; it also covers important collateral issues such as domestic violence, bankruptcy, and estate planning. Each chapter includes sample court forms, motions, checklists, and reference documents.
Recent updates:
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Update: April 2023
Dear Subscriber:
Thank you for updating your library with the latest version of Massachusetts Divorce Law Practice Manual. This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.
Highlights from the 2023 edition include
- amended procedures in the Probate and Family Court regarding virtual hearings and registries and interdivisional and interdepartmental case transfers;
- discussions throughout the book of the Supreme Judicial Court's decision in Cavanagh v. Cavanagh , 490 Mass. 398 (2022), which addressed the calculation of alimony and child support and continues to be reviewed and implemented by the Massachusetts courts;
- important amendments to the Massachusetts Child Support Guidelines effective October 2021, including, for example, a specification of three options for parenting time ("shared," two-thirds, and "split"), adjustment of the benchmark child-care cost amount based on the number of children, elimination of the previous 15 percent cap on the health-care credit, and adjustments to the treatment of overtime and income from a secondary job;
- caselaw addressing when to increase the duration of alimony to reflect a premarital period of cohabitation;
- newly added guidance on the selection of guardians ad litem (GALs), discussing the importance of designating an alternate GAL, the distinction between Category E and Category F GALs, securing a GAL during periods when they are in short supply, and use of a special GAL to waive or assert the psychotherapeutic privilege of a minor child;
- the preparation of financial statements and cross-examination on any discrepancies;
- recent Appeals Court cases on the calculation of alimony;
- guidance on e-filing procedures in the Probate and Family Court and variations in procedures among counties;
- recent cases on improper coaching of witnesses during depositions;
- an amendment to the Massachusetts General Laws bringing the state's taxation of payors and recipients of alimony in line with federal practice under the Tax Cuts and Jobs Act;
- inflation adjustments to selected dollar amounts in the Bankruptcy Code;
- a Supreme Judicial Court decision on the allocation of postseparation debt;
- the suspension of Standing Order 2-16, which required attendance at an approved parenting education course;
- an Appeals Court decision addressing circumstances where a noncustodial parent living out of state seeks custody of a child and permission to remove the child from Massachusetts; and
- Appeals Court decisions on the enforceability and interpretation of premarital agreements.
The book's ethics commentary has been updated throughout to reflect recent changes in the Massachusetts Rules of Professional Conduct and other developments in the area of professional responsibility.
WWe trust you will find this updated version of the Massachusetts Divorce Law Practice Manual an invaluable resource for your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: April 2023
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Table of Contents
Table of Contents
expand allChapter 1 expandDrafting Contracts—The Fundamentals
Buy ChapterChapter 2 expandLessons Learned from Litigators: How to Avoid Litigation When Preparing an Agreement
Buy ChapterChapter 3 expandCommercial Sales Agreements—Uniform Commercial Code Article 2
Buy ChapterExhibit 3A
- Model Long-Term Sales Agreement (Seller Preference) Buy FormChapter 4 expandRepresentations, Warranties, Covenants, and Conditions
Buy ChapterExhibit 4A
- Examples of Representations and Warranties from an Asset Purchase Agreement Buy FormExhibit 4B
- Sample Set of Indemnification Provisions Taken from an Asset Purchase Agreement Buy FormExhibit 4C
- Examples of Common Covenants Used in Purchase Agreements and in Loan Agreements Buy FormExhibit 4D
- Example of a Disclaimer of Warranties Buy FormChapter 5 expandEscrow Agreements
Buy ChapterChapter 6 expandLoan Agreements
Buy ChapterExhibit 6A
- Loan Agreement Hypothetical Buy FormExhibit 6B
- Loan Agreement Buy FormExhibit 6C
- Revolving Credit and Term Loan Agreement Buy FormExhibit 6D
- Sample Sanctions and Anticorruption Provisions Buy FormExhibit 6E
- Single Bank Commitment [Proposal] Letter Buy FormExhibit 6F
- Credit Facilities Commitment Letter Buy FormExhibit 6G
- Opinion Letter Buy FormExhibit 6H
- Credit Agreement Closing Agenda Buy FormExhibit 6I
- Certificate of Secretary Buy FormExhibit 6J
- Omnibus Certificate of Secretary Buy FormChapter 7 expandEmployment Agreements
Buy ChapterChapter 8 expandLease Drafting
Buy ChapterChapter 9 expandResidential Real Estate Agreements
Buy ChapterExhibit 9A
- Property Transfer Lead Paint Notification and Property Transfer Notification Certification Buy FormExhibit 9B
- GBREB Form: Offer to Purchase Contingency Addendum Buy FormExhibit 9C
- REBA Form 9A: Lead Paint Rider for Residential Property Constructed Prior to 1978 Buy FormExhibit 9D
- Tenant Lead Law Notification and Tenant Certification Form Buy FormExhibit 9E
- GBREB Form: Offer to Purchase Real Estate Buy FormExhibit 9F
- REBA Form 9: Offer to Purchase Real Estate Buy FormExhibit 9G
- Sample Purchase and Sale Agreements Buy FormExhibit 9H
- REBA Ethical Standard No. 1: Consideration Recited in Deeds Buy FormExhibit 9I
- REBA Practice Standard No. 19: Home Equity Loan Discharges Buy FormExhibit 9J
- REBA Practice Standards Nos. 1, 5, and 7 (Adjustments) Buy FormExhibit 9K
- Sample Use and Occupancy Agreement (Buyer) Buy FormExhibit 9L
- Sample Use and Occupancy Agreement (Seller) Buy FormChapter 10 expandCommercial Real Estate Agreements
Buy ChapterChapter 11 expandReserved
Chapter 12 expandBusiness Acquisition Agreements
Buy ChapterExhibit 12A
- Normalized Financial Statements Buy FormExhibit 12B
- Sample Investment Banker Engagement Letters Buy FormExhibit 12C
- Sample Short-Form Confidentiality Agreement Buy FormExhibit 12D
- Form of Letter of Intent Buy FormExhibit 12E
- Sample Due Diligence Request Buy FormExhibit 12F
- Environmental Due Diligence List Buy FormExhibit 12G
- Form of Closing Agenda Buy FormExhibit 12H
- Tips for Successful Negotiation of Business Acquisitions Buy FormExhibit 12I
- Tax Consequences of Sale of Assets and Liquidation Buy FormChapter 13 expandSoftware Agreements
Buy ChapterExhibit 13A
- Master License and Services Agreement Buy FormExhibit 13B
- End User Agreement and Product License Terms Buy FormExhibit 13C
- Enterprise License and ASP Service Agreement— Pro Supplier Buy FormExhibit 13D
- Sample IP Ownership Clauses Buy FormExhibit 13E
- Sample Indemnification and Liability Clauses Buy FormExhibit 13F
- Service Level Agreement Buy Form - Editors & Authors