Product Description

Residential tenants cannot generally obtain legal representation. The Massachusetts Trial Court, Department of Research and Planning statistics for 2023 report that over 95% of tenants in eviction cases were unrepresented. Tenants often have serious claims but cannot always obtain counsel in cases where their shelter is at risk or where they are living in seriously substandard housing.

Massachusetts has several “fee-shifting” statutes that require the defendant to pay the plaintiff’s reasonable attorney fees and costs if the plaintiff wins. These laws enable attorneys to pursue meritorious claims and recover for their time and expenses regardless of the tenant’s ability to pay an hourly retainer. The fee-shifting statues allow low-income tenants to retain their homes, obtain repairs for dangerous and unsafe conditions, prevent housing discrimination, and stop illegal lockouts. Without attorneys, these rights are often not enforced; fee-shifting allows attorneys to provide tenants with access to justice.

Learn from two attorneys who sustain viable “fee-shifting” practices and discuss the proper analysis for case selection, including where to file cases and how to litigate them.

Agenda & Materials

• 12:05 - 12:30 pm

  Residential Tenant Claims: Summary of Basic Claims, Elements, How to Calculate Damages, and Practice Tips

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  • Substandard housing conditions and sanitary code violations
  • Breach of Warranty of Habitability
  • Interference with Quiet Enjoyment
  • Utility and lead paint claims
  • Security Deposits
  • Illegal Lockouts & Self-Help evictions
  • Discrimination
  • Retaliation
  • 93A

  Joel H. Feldman, Esq., Heisler & Feldman, PC , Springfield
  Edward A. Rice, Esq., Broderick Bancroft & Saccardi , Somerville
  
• 12:30 - 12:55 pm

  Residential Tenant Claims: Case Selection and Filing Considerations

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  • Considerations when selecting cases to take on a fee shifting basis
  • Best practices for intake, case review, and gathering information prior to deciding
  • Look at defendants
  • Come up with criteria that can be used to select good cases
  • Where to File as case selection
  • Making sure you name the correct Defendants
  • Practice tips on case selection and viability

  Joel H. Feldman, Esq., Heisler & Feldman, PC , Springfield
  Edward A. Rice, Esq., Broderick Bancroft & Saccardi , Somerville
  
• 12:55 - 1:15 pm

  Residential Tenant Claims: Fee Shifting Statutes and Criteria that Courts Use in Reviewing Fee Petitions

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  Joel H. Feldman, Esq., Heisler & Feldman, PC , Springfield
  Edward A. Rice, Esq., Broderick Bancroft & Saccardi , Somerville
  
• 1:15 - 1:40 pm

  Residential Tenant Claims: Fee Shifting Work in Settlement and Negotiations

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  • Damages available to the plaintiff
  • Setting settlement parameters for negotiation
  • Mediation practice tips
  • Fees as part of negotiations/mediations
  • Drafting settlement agreements and important provisions

  Joel H. Feldman, Esq., Heisler & Feldman, PC , Springfield
  Edward A. Rice, Esq., Broderick Bancroft & Saccardi , Somerville
  
• 1:40 - 1:55 pm

  Residential Tenant Claims: Practical Tips for a Successful Fee Shifting Practice

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  Joel H. Feldman, Esq., Heisler & Feldman, PC , Springfield
  Edward A. Rice, Esq., Broderick Bancroft & Saccardi , Somerville
  
• 1:55 - 2:00 pm

  "Ask the Experts" Q&A Session and Key Takeaways

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  Joel H. Feldman, Esq., Heisler & Feldman, PC , Springfield
  Edward A. Rice, Esq., Broderick Bancroft & Saccardi , Somerville
  

Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty