Massachusetts Basic Practice Manual
An instant law library
- Product Number: 2233556WFM
- Publication Date: 11/9/2022
- Edition: 7th Edition 2022
- Copyright: © 2022 MCLE, Inc.
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Product Description
Product Description
MCLE's Massachusetts Basic Practice Manual gives you immediate access to your own instant law library in the most important areas of solo and small firm practice—over 500 pages of substantive law and practice guidance. This manual addresses the challenges most important for lawyers on the front lines of today's legal practice, such as drafting a will or a trust, helping a client buy a home, trying a case, and handling a client's divorce. This focus on primary practice areas has been intensified with the addition of materials for landlord-tenant law, zoning, LLC formation, and workers' compensation. With essential citations, downloadable forms, checklists, and step-by-step explanations, the Massachusetts Basic Practice Manual is an indispensable resource for Massachusetts attorneys.
Recent updates:
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Update: November 2022
Dear Subscriber:
Thank you for updating your reference library with the 2022 edition of Massachusetts Basic Practice Manual. This product incorporates the latest developments in the practice areas most important for lawyers on the front-lines of today's legal practice.
The book's materials have been updated throughout to reflect important developments in law and practice. Highlights include
- substantial updates on the drafting of will and trust clauses, including -modified language empowering the personal representative to access the decedent's digital assets as well as a sample authorization for releasing electronically stored information; -an expanded discussion of decanting; -guidance on the drafting of no-contest clauses; and -a review of Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST), used by patients to communicate end-of-care directives;
- extensive revisions to the book's guidance on the probate and administration of estates;
- a chapter on residential real estate focusing on fundamental issues such as the attorney's role in counseling buyers and sellers, interactions with brokers and other parties connected to the transaction, and title insurance;
- numerous updates on landlord-tenant topics, including -protections available under the Violence Against Women Act; -procedural changes implemented during the COVID-19 pandemic; -recent legislation prohibiting the naming of minors in summary process complaints; and -landlord-tenant decisions of the Housing Court and Massachusetts appellate courts;
- procedural changes in the conduct of divorce proceedings;
- updates to practice guidance and model language applicable to limited liability companies;
- enactment of the Small Business Reorganization Act of 2019, which added Subchapter V to Chapter 11 of the Bankruptcy Code;
- effective April 1, 2022, adjustments for inflation to various dollar amounts set forth in the Bankruptcy Code;
- a newly added discussion on the use of experts in OUI cases involving the use of drugs; and
- updated guidance on the filing of workers' compensation claims.
We trust you will find the Massachusetts Basic Practice Manual a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: November 2022
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Table of Contents
Table of Contents
expand allChapter 1 expandDrafting Simple Will and Trust Claims
Buy ChapterChecklist 1.1
- Checklist - Healthcare Proxy Buy FormExhibit 1A
- Simple Will Buy FormExhibit 1B
- Will with Residuary Trust Buy FormExhibit 1C
- Authorization and Consent for Release of Electronically Stored Information Buy FormExhibit 1D
- Alternative Sample Language for Spray Trust with Separate Shares When Oldest Is Age Twenty-Two with Powers of Withdrawal Buy FormExhibit 1E
- Codicil (Modifying Simple Will) Buy FormExhibit 1F
- Durable Power of Attorney to Take Effect Immediately and Name an Alternate Attorney in Fact Buy FormExhibit 1G
- Durable Power of Attorney to Take Effect on Incapacity Buy FormExhibit 1H
- Health-Care Proxy Buy FormExhibit 1I
- Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) Buy FormExhibit 1J
- Authorization for Release and Disclosure of Health Information Buy FormExhibit 1K
- Ten Frequently Asked Questions - Drafting Simple Will and Trust Claims Buy FormExhibit 1L
- Drafting Simple Will Trust and Claims - Bibliograpghy Buy FormChapter 2 expandThe Probate and Administration of Estates in Massachusetts
Buy ChapterExhbiit 2J
- Decree and Order on Petition for Formal Adjudication Buy FormExhbiit 2L
- Petition for a License to Sell for the Payment of Debts Buy FormExhbiit 2M
- Petition for a General License to Sell Buy FormExhbiit 2P
- Decree and Order of Insolvency Buy FormExhbiit 2R
- The Probate and Administration of Estates in Massachusetts - Inventory Buy FormExhbit 2E
- Order of Informal Probate of Will Buy FormExhbit 2N
- Representation of Insolvency Buy FormExhibit 2A
- Voluntary Administration Statement Buy FormExhibit 2B
- Petition for Informal Probate of Will Buy FormExhibit 2C
- The Probate and Administration of Estates in Massachusetts - Bond Buy FormExhibit 2D
- Military Affidavit Buy FormExhibit 2F
- Notice of Informal Probate Buy FormExhibit 2G
- Assent and Waiver of Notice/Renunciation/Waiver of Sureties/?Nomination Buy FormExhibit 2H
- Informal Probate Publication Notice Buy FormExhibit 2I
- Petition for Formal Probate of a Will Buy FormExhibit 2K
- Petition for Appointment of Special Personal Representative Buy FormExhibit 2O
- Personal Representative’s Affidavit of Notice to Creditors of Representation of Insolvency Buy FormExhibit 2Q
- Table Showing Order of Priority Among Kindred Buy FormExhibit 2S
- The Probate and Administration of Estates in Massachusetts - Account Buy FormExhibit 2T
- Petition for Allowance of Account Buy FormExhibit 2U
- The Probate and Administration of Estates in Massachusetts - Closing Statement Buy FormExhibit 2V
- Small Estate Closing Statement Buy FormExhibit 2W
- Petition for Order of Complete Settlement Buy FormExhibit 2X
- Decree and Order for Complete Settlement Buy FormChapter 3 expandAn Overview of the Attorney's Role in Residential Real Estate Transactions
Buy ChapterChecklist 3.1
- Checklist - Purchase and Sale Conference Checklisyt for Representing Seller Buy FormChecklist 3.2
- Checklist - Buyer's Checklist for Purchase and Sale Agreement Buy FormChecklist 3.3
- Checklist - Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist for Purchase and Sale Agreement) Buy FormChecklist 3.4
- Checklist - Checklist of Typical Contents of Initial Letter to Seller Client Buy FormChecklist 3.5
- Checklist - Checklist of Typical Contents of Initial Letter to Buyer Client Buy FormChapter 4 expandResidential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies
Buy ChapterChecklist 4.1
- Checklist - Checklist for Notice Required from Storage Facility Holding Evicted Tenant’s Possessions Buy FormExhibit 4A
- Rental Application - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies Buy FormExhibit 4B
- Request for Prior Landlord Reference Buy FormExhibit 4C
- Licensee Agreement - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies Buy FormExhibit 4D
- Tenancy-at-Will - Residential Landlord-Tenant Practice: Creating and Terminating Residential Tenancies Buy FormExhibit 4E
- Standard Form Apartment Lease Buy FormExhibit 4F
- Rent and Security Deposit Receipt Buy FormExhibit 4G
- Apartment Condition Statement Buy FormExhibit 4H
- Security Deposit Return Form Buy FormExhibit 4I
- Third Amended Housing Court Standing Order 6-20 Buy FormExhibit 4J
- Notice to Quit Terminating Tenancy at Will Buy FormExhibit 4K
- Notice to Quit Tenancy at Will with Offer of New Tenancy Buy FormExhibit 4L
- Notice to Quit for Lease Violation Buy FormExhibit 4M
- Rental Period Notice to Quit Buy FormExhibit 4N
- Use and Occupancy Letter Buy FormExhibit 4O
- Housing Court Standing Order 1-20 Buy FormExhibit 4P
- Summary Process Summons and Complaint Buy FormExhibit 4Q
- Housing Court Standing Order 1-01 Buy FormExhibit 4R
- Housing Court Standing Order 1-10 Buy FormExhibit 4S
- District Court Standing Order 1-11 Buy FormExhibit 4T
- Plaintiff’s Sample Motion for Payment of Use and Occupancy and Supporting Affidavit Buy FormExhibit 4U
- MLRI Discovery Booklet Buy FormExhibit 4V
- Plaintiff’s Sample Responses to Discovery Requests and Memorandum in Opposition to Defendant’s Motion to Compel Buy FormChapter 5 expandProcedures for Obtaining Variances and Special Permits
Buy ChapterChapter 6 expandDivorce Demystified
Buy ChapterChecklist 6.1
- Checklist- Important Issues in Divorce Practice Buy FormChecklist 6.2
- Checklist - Thirty Days Until Trial Buy FormExhibit 6A
- Client Questionnaire - Divorce Demystified Buy FormExhibit 6B
- Client’s Memorandum on Divorce Buy FormExhibit 6C
- Client’s Memorandum on Children’s Concerns During Divorce Buy FormExhibit 6D
- Child Support Guidelines Buy FormExhibit 6E
- Child Support Guidelines Worksheet Sample Buy FormExhibit 6F
- Sample Separation Agreement Buy FormExhibit 6G
- Joint Petition for Divorce Buy FormExhibit 6H
- Complaint for Divorce Buy FormExhibit 6I
- Financial Statement - Divorce Demystified Buy FormExhibit 6J
- Uniform Counsel Certification Form Buy FormExhibit 6K
- Standing Order 1-06 Buy FormExhibit 6L
- Ten Frequently Asked Questions Buy FormChapter 7 expandOrganizing a Massachusetts Business
Buy ChapterExhbiit 7C
- Sample Bylaws - Organizing a Massachusetts Business Buy FormExhibit 7A
- Sample Consent of Sole Incorporator Buy FormExhibit 7B
- Sample Articles of Organization Buy FormExhibit 7D
- Sample Consent of Directors Buy FormExhibit 7E
- Partnership Example LLC Buy FormExhibit 7F
- Corporate Model LLC Buy FormExhibit 7G
- Shortform Associates LLC Buy FormExhibit 7H
- Initial LLC - Organizing a Massachusetts Business Buy FormExhibit 7I
- Default Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Buy FormExhibit 7J
- Mandatory Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Buy FormExhibit 7K
- Provisions in the Massachusetts Limited Liability Company Act (G.L. c. 156C) Requiring a Writing Buy FormChapter 8 expandAn Overview of Bankruptcy Practice in Massachusetts
Buy ChapterChapter 9 expandPreparing and Trying a Civil Case
Buy ChapterCheckist 9.1
- Checklist - Documents for Personal Injury Cases Buy FormExhibit 9A
- Motion for Separate Entry of Final Judgment Buy FormExhibit 9B
- Order for Separate Entry of Final Judgment Buy FormExhibit 9C
- Special Verdict Questions for the Jury Buy FormExhibit 9D
- Ten Frequently Asked Questions - Preparing and Trying a Civil Case Buy FormChapter 10 expandSuccessfully Defending an OUI Case
Buy ChapterChecklist 10.1
- Checklist - Successfully Defending an OUI Case Buy FormChecklist 10.2
- Checklist - Expert Qualification—Establishing Expertise* Buy FormExhibit 10A
- Model Jury Instruction 3.200, Operation of a Motor Vehicle Buy FormExhibit 10B
- Model Jury Instruction 3.280, Public Way Buy FormExhibit 10C
- Model Jury Instruction 5.300, Operating with a Blood Alcohol Level of .08 Percent or Greater Buy FormExhibit 10D
- Model Jury Instruction 5.400, Operating Under the Influence of Drugs Buy FormExhibit 10E
- Motion in Limine to Exclude Horizontal Nystagmus Test Buy FormExhibit 10F
- Motion to Inspect Evidence and Reports Buy FormExhibit 10G
- Memorandum of Decision on Consolidated Defendants’ Motion to Exclude Breath Alcohol Content Percentage Results Using the Alcotest 9510 and Any Opinion Testimony, Commonwealth v. Ananias, No. 1248CR1075, at 30–31 (Mass. Dist. Ct., Boston Mun. Ct. Feb. 16, Buy FormExhibit 10H
- Memorandum of Decision on Consolidated Defendants’ Motion to Compel and Impose Sanctions, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. Jan. 9, 2019) (Ananias II) Buy FormExhibit 10I
- Memorandum of Decision on Commonwealth’s Motion to Admit Breath Test Results, Commonwealth v. Ananias, No. 1248CR1075 (Mass. Dist. Ct., Boston Mun. Ct. July 29, 2019) (Ananias III) Buy FormExhibit 10J
- Areas of Breathalyzer Expert Testimony Buy FormExhibit 10K
- Proposed Jury Instructions of Defendant Buy FormExhibit 10L
- Motion and Order for Return of License Following a Finding of Not Guilty Buy FormExhibit 10M
- Ten Frequently Asked Questions - Successfully Defending an OUI Case Buy FormChapter 11 expandIntroduction to the Practice of Employment Law
Buy ChapterChapter 12 expandWorkers’ Compensation Practice: Initial Steps in Representing Claimants, Employers, and Insurers
Buy ChapterChecklist 12.1
- Checklist - Checklist for Initial Interview Regarding Workers’ Compensation Claim Buy FormChecklist 12.2
- Checklist - Checklist for Filing a Workers’ Compensation Claim Buy FormExhibit 12A
- Areas of Breathalyzer Expert Testimony Buy FormExhibit 12B
- DIA Form 114 (Notice of Change/Appearance of Counsel) Buy FormExhibit 12C
- DIA Form 110 (Employee’s Claim) Buy FormExhibit 12D
- DIA Form 104 (Insurer’s Notification of Denial) Buy FormExhibit 12E
- DIA Form 126 (Employee’s Earning Report) Buy Form - Editors & Authors