Essential Question's to Ask Before Choosing your Counsel

Be sure to ask these questions before choosing who is going to represent you in your family law matter!   1. What is the hourly fee for the attorney? 2. Who is his paralegal? What is his/her hourly fee? 3. To reduce costs, please handle by electronic mail rather than paying for copies and postage. 4. What does the attorney know of   opposing legal counsel? 5. Because nothing has been filed, can he do so in his county or do you have to be a resident of that county? 6. If filed in opposing parties county, what should you expect for travel charges? 7. What is the attorney’s working relationship with the Judges? May the attorney pick the judge? 8. Is there any court ordered classes/mediation that will be required? If so, what is the process for handling that out of state? Fees? Where can you get more information? 9. What steps does the attorney recommend that you do prior to filing to give you the best chances of having a fair and amicable resolution? 10. Is it possible to have the fees for a contested divorce agreed to up front and included in the fee agreement? i.e. option A as already outlined and Option B. etc. rather than putting down another retainer. 11. Would it be better for you to file when you have established a permanent residence and secured employment? 12. Should you be filing in the State that you reside in? 13. If the divorce is contested, what can you expect for the discovery phase? Interrogatories, Depositions? Costs? Time?

New Anti-Bullying Statute in Massachusetts

The recent news about sentencing in the tragic case of Phoebe Prince throws the problem of bullying in our nation’s schools back in to the spotlight. Prince was 15 years old when she committed suicide in January of 2010 in South Hadley, MA following relentless bullying by her peers. Her death has elevated awareness of bullying and has spurred legislative changes around the country.

Massachusetts passed a new anti-bullying statute in May 2010 in direct response to the incident. St.2010, c.92 titled Bullying in Schools contains several important provisions designed to protect students from bullying and harassment. The law specifically addresses cyber-bullying a new type of bullying in today’s digital world. With Facebook, cell phones and other forms of electronic communication children who were once solely bullied while at school are now subject to a relentless wave of harassment following them when they leave school at the end of the day. The law also requires schools to create a plan to implement programs both to prevent bullying and provide successful intervention in consultation should incidents of bullying come to light.

Bullying is of particular concern to children with disabilities since they are already in a vulnerable state. According to a recent survey by the Massachusetts Advocates for Children, 90% of parents with autistic children reported that their child had been the target of bullying. In response to this concern, the Department of Special Education has issued a Technical Advisory with guidelines and resources concerning bullying and special needs children. The Advisory places particular emphasis on addressing bullying prevention in your child’s IEP and ensuring that your child has a safe person to go to if they are being bullied. The IEP should have a section for educational professionals to comment on whether your child seems withdrawn or is not socializing appropriately because of bullying. This portion of the IEP should also provide tools for the child to use themselves when confronted with bullying.

Read the full Massachsetts Statute here


Read the Technical Advisory from the Department of Special Education here