AREAS OF PRACTICE: DETAILS

ADMINISTRATIVE/MUNICIPAL LAW:

Conservation Commission Representation:

The Wetlands Protection Act, G.L. c. 131, ยง 40 ("Act") and the regulations promulgated by the Department of Environmental Protection ("DEP") at 310 CMR 10.00 et seq. ("Regulations"), as well as municipal wetlands bylaws ("Bylaws") and accompanying regulations, contain technical standards for defining areas that are subject to jurisdiction, and for establishing "performance standards" within those areas. As a result, this is a field of law in which the substantive legal requirements are, generally, technical requirements.

Consequently, it is crucial to have an attorney involved who is knowledgeable about the project and the requirements of the Act, its Regulations, and any local Bylaw and regulations, as well as accustomed to representing clients before the particular Commission.

Land Use: (See Zoning & Land Use below)

Liquor Licensing:

The process of obtaining a liquor license in Massachusetts is complex and can take many months if not done properly. Whether you are starting a business or would like to expand a business through liquor sales, having the right Massachusetts liquor license lawyer on your side is a must.

DANEHEY & OSTERBERG, P.C. can consult with you regarding a wide range of liquor licensing and liquor transfer issues, from planning a business with liquor sales to ensuring you get your liquor license in a timely fashion and understand the expenses you will incur.

Planning Board Representation:

Development of scarce land on the South Shore requires quality and responsible representation of development matters before Planning Boards. We at DANEHEY & OSTERBERG, P.C. serve in the forefront of land use and zoning issues, from advising residential owners on subdividing their property into two lots, to commercial developers planning condominium and single family home projects. We have also successfully represented parties appealing adverse decisions by governmental agencies.

Zoning & Land Use:

Our lawyers are experts in matters of zoning and land use with municipalities and all state and federal courts. DANEHEY & OSTERBERG, P.C. represents many clients in municipal and zoning issues before town planning boards, zoning board of appeals, conservation commissions, boards of health and other community agencies. Our attorneys have the knowledge and experience to guide you through the difficult process of zoning and land use approvals for your project.

Whether you wish to develop your property for commercial use, for rental property, to build your own personal residence, or even to simply put on a new addition, we will work with you and the local permit granting authorities to achieve your goal in the quickest and most cost-effective manner. Our areas of practice include, but are not limited, to the following:

  • Building Permitting
  • Special Permitting
  • Variances
  • Wetlands Protection Act Permitting
  • Sub-division Approval
  • Complaints for Land Registration
  • S-Petitions
  • Zoning Appeals

Commercial & Residential Real Estate:

DANEHEY & OSTERBERG, P.C. has comprehensive knowledge and experience in all aspects of both residential and commercial real estate transactions in Massachusetts. We represent numerous financial lending institutions, both local and national. We have extensive experience in handling all types of other real estate matters, such as boundary disputes, title issues, zoning issues and property development.

Commercial Real Estate:

We handled commercial purchases, refinances and modifications to existing loan facilities over the past decade. Our attentiveness and flexibility allows our firm to draft loan documents specifically tailored to the lender's (and borrower's) particular circumstance. Adequately securing a lender's collateral position and providing clear, concise documentation of the loan facility's terms and conditions has caused our Commercial Real Estate practice to grow and to flourish.

Residential Real Estate:

Home Seller Representation:

Selling your Home can he both complicated and emotional. We can assist in reviewing broker delivered agreements or assist should you choose to sell your Home yourself. We will prepare and negotiate the Offer to Purchase and Purchase and Sale Agreement in order to protect your interests. If an issue arises, whether related to your title or otherwise, we can help resolve the issue so there is no delay in your sale. We prepare your deed along with all other documents needed to properly transfer your title and attend the closing to answer all questions, resolve any disputes and simply ensure that the sale of your Home goes smoothly.

Home Buyer Representation:

Buying a Home, whether for the first time or to relocate, is exciting but also often the biggest investment you ever make. We take the mystery out of the Home buying process. Purchase and Sale Agreements are often drafted to benefit the Seller. We help neutralize the Agreement with a specific focus on protecting your deposit. We can explain the borrowing process and what the lender's commitment means to you. Ask about our Lender/Buyer Premium Pricing Program.

Homestead Declarations:

If you are a Homeowner in Massachusetts you should have a valid Homestead Declaration recorded at your local county registry of deeds. Declaring your Homestead allows you to protect your Home from attachments and levies on executions or sales to satisfy creditor debts to the extent of $500,000.00 of the Home's equity. If you are not certain whether you have properly declared, ask us to review your title at your county registry of deeds to determine if you have a valid Declaration of Homestead.

Estate Planning:

When it comes to something as important as planning for the disposition and preservation of your estate, you'll want to partner with a firm that can help you coordinate your estate plan properly and efficiently. We offer highly individualized estate planning solutions for business owners, families, and the concerned parents of young children; we offer sensitive assistance to older people seeking to protect their assets through trusts and wills, while they maintain their independence.

DANEHEY & OSTERBERG, P.C. has extensive knowledge and experience in providing Estate Planning services to our clients. We specialize in providing representation for all types of clients from the young family just starting out to the retirees who want their grandchildren to benefit from their success in life.

After the initial free one hour consultation to determine the comprehensive nature of the estate, we determine the proper level of estate planning that is necessary to provide complete satisfaction to the client. A Simple or Basic Estate Planning includes the creation of some or all of the following legal documents:

  • Durable Power of Attorney allows the creator to appoint another person to stand in place of the creator. It is a very powerful and far reaching document and the creator should only appoint a very trustworthy individual. This document is designed to withstand the incapacity of the creator.
  • Health Care Proxy appoints another person as an agent to make decisions regarding the health care of the creator when the creator can no longer make those decisions for himself. This is especially important when the decision involves the continuation of life preserving medical procedures. The more recent proxies also include the ability for the appointed health care agent to access the creator's medical records.
  • Declaration of Homestead tells the world that the client owns and resides at his place of principal residence and is claiming the full protection allowed under M.G.L. C. 188. This protection essentially shields the home from a judgment induced sale.
  • Last Will and Testament controls the distribution of the assets of the creator once deceased. The document usually names the executor, the guardians for minors if necessary, grants powers to the executor to effectively operate the estate of the deceased and waive surety on bonds. We can increase the level of sophistication if the circumstances so dictate by creating these additional documents.
  • Last Will and Testament with a Testamentary Trust provides greater control of the assets and protects the heirs of the deceased from their creditors.
  • Revocable or Irrevocable Trusts can be used, depending upon the particular circumstances of the client, to maximize the amount of the estate available for future distribution to the spouse, the children and future generations and to minimize the burden of estate taxes, especially on the surviving spouse. Additionally, if there are special needs to address or disability benefits to protect a trust can be created to achieve the specific goals.
  • Asset Transfers and Protection can be used to help clients more effectively pass their assets on to their families both during their lives and, if necessary, posthumously as well.

DANEHEY & OSTERBERG, P.C. can provide legal representation for the Executor of the Estate to shepherd the Assets of the deceased loved one through the complex Massachusetts Probate process to insure that the last wishes of the loved one are carried out in compliance with the Last Will and Testament. We can also investigate the legality of situation where one or more of the heirs feels that the distribution of assets under the deceased's Last Will was in question. Do not let another year go by without properly planning. Set up a consultation to discuss what plan would be most beneficial to your needs.

Probate Administration

In the event of death, the attorneys at DANEHEY & OSTERBERG, P.C. can provide the legal guidance and expertise necessary to navigate this process. Probate sorts out the transfer of a deceased person's property.

Our attorneys work with the courts and advise you of your rights through this process, as well as provide legal services for probate of wills, petitions for letters of testamentary and administration, administration of intestate estates, objections to executors and administrators, intestacy proceedings, ancillary estates, inventories, tax management, final accounting, investing and distributing assets, gathering and protecting assets, and more.

We represent individuals in Massachusetts, including Plymouth County, in the administration and settlement of estates, guardianships, conservatorships, adoptions, and name changes. We are sensitive to families' needs and make great effort to handle these matters with understanding. Our experienced staff ensures your probate matter is handled as efficiently as possible.

Civil Litigation and Dispute Resolution

DANEHEY & OSTERBERG, P.C. has an extensive background in civil litigation. Our practice in this area is broad and varied, focusing on the prosecution and defense of commercial and business tort litigation in employment, real estate, construction, distribution relationships, intellectual property, licensing, trusts and estates, insurance and professional negligence. Our lawyers also are extensively involved in alternative dispute resolution, including arbitration and mediation. In addition, we handle personal injury claims, employment related litigation and other areas of litigation.

Our objective is to provide legal representation in advancing or defending any claim arising from litigation.

We have earned our strong reputation among judicial and governmental authorities as a result of our thorough preparation, effective presentation and principled advocacy of clients' interests. Ongoing training programs help keep our knowledge and skills current and highly developed.

Our goal is to achieve clients' objectives by a variety of means that often go significantly beyond conventional trial and appeal processes. Cases that start out in court can frequently be concluded through the use of negotiation skills that enable clients to avoid the expense, delay and uncertainty of litigation. Other matters can be kept out of court completely with the help of alternative dispute resolution techniques such as arbitration or mediation.

Our flexibility allows us to handle straightforward disputes without over-lawyering and undue formality. In matters involving complex issues we assemble a full team equal to the task to persevere until completion.

Our firm regularly practices before the Massachusetts Land Court handling many forms of action exclusive to the Land Court including: Actions to Try Title, Actions to Quiet Title, Actions to Reform Deeds, Boundary Disputes, Easement and Rights of Way disputes, determination of zoning applications, zoning and/or permitting appeals, and S-Petitions.

Business Litigation

DANEHEY & OSTERBERG, P.C. provides representation in all forms of business related litigation including disputes involving partnerships, corporations, sole proprietorships and real estate entities. Experienced litigators aggressively defend or prosecute actions in the District, Superior, and Federal courts.

Employment Litigation and Counsel

In this complex and rapidly evolving area of the law, the firm provides general advice to management to ensure compliance with state and federal discrimination laws and the proper handling of specific employment issues. We appear before the Massachusetts Commission Against Discrimination and in state and federal courts when necessary to defend claims of discrimination, harassment or wrongful discharge.

Medical Malpractice

The firm regularly represents patients who have been injured by medical negligence, and the families of patients dying as a result of malpractice, in claims against health care providers. Examples of the claims the firm has undertaken include failure to diagnose breast cancer, injuries to mothers and children sustained during childbirth, anesthesia accidents, nursing home injuries, negligent emergency room care and other incidents resulting in serious injury or death from improper care.

Personal Injuries

Our twenty years of experience as trial attorneys makes us uniquely qualified to handle only serious personal injury claims. Our expertise will level the playing field against the insurance company and allow for maximum recovery on your behalf. We are always ready to discuss your circumstances during a free initial consultation.

We only handle serious personal injury matters including:

  1. Wrongful Death Matters
  2. Construction Injuries
  3. Automobile Collisions
  4. Motorcycle Collisions
  5. Boating Injuries

Premises Liability

The firm's practice includes the many different types of cases that fall under the general heading of premises liability, meaning the liability of land-owners for injuries occurring on their property. These cases encompass claims against landlords or homeowners for injuries to tenants, their families and guests, claims for injuries or death due to fires and explosions and claims resulting from injury-producing falls in stores and other business premises. Also included are claims as diverse as those involving dog bites and other animal-caused injuries, injuries to children resulting from the negligence of summer camps, and elevator and escalator injuries.

Professional Malpractice

In addition to the firm's work in the area of medical malpractice and the liability of health care providers, DANEHEY & OSTERBERG, P.C. provides representation in cases of malpractice by other professions such as architects, land surveyors, engineers, accountants and attorneys.

Sexual Harassment and Sexual Assault

DANEHEY & OSTERBERG, P.C. represents the victims of sexual harassment and sexual assault, whether in the workplace, school, camp, or other setting.

Leases

Landlord-tenant issues can be particularly stressful and can escalate into major problems in a short period of time. Whether you are a tenant or a landlord, conflicts quickly become personal and emotional. If these disputes are not properly resolved, they can lead to serious legal and financial consequences for everyone involved. We also represent landlords and tenants in leasing of residential and commercial leases.

DANEHEY & OSTERBERG, P.C. is a South Shore area law firm that concentrates on preventing and resolving all types of landlord-tenant disputes. We believe in taking a proactive approach to the law, working closely with clients to help them avoid difficult and costly legal problems before they arise.

Additionally, we have developed proprietary documents covering all manners of commercial leases including retail, industrial and office leases.

Business Law

If you're trying to maintain a business, the last thing you need is legal headaches interfering with your work. Let us help you with the legal issues that can arise. At DANEHEY & OSTERBERG, P.C., we offer comprehensive legal services so you can focus on running your business.

Starting or Selling a Business:

If you are starting a business, we can offer skilled counsel on the selection of an appropriate business entity under Massachusetts law. We have helped clients form corporations, limited liability companies (LLCs), partnerships and limited liability partnerships (LLPs).

The business law attorneys at DANEHEY & OSTERBERG, P.C., can meet a wide variety of legal needs, from initial incorporation to sale to complex real estate matters to business succession.

As a leading business law firm, we assist local businesses in their legal needs. Our clients include recognized and award-winning restaurants, retail businesses, and professionals. We advise our clients on all matters companies face from debt and equity financing, employee matters, litigation issues, leasing matters and purchase and sales of assets and businesses.

We also represent lenders and borrowers in commercial real estate and asset-based lending transactions. Our clients include not only the most active of banks in the South Shore, but also business and developer borrowers. Our experience in these transactions offer lenders and borrowers alike the comfort that all due diligence and transactional issues will be discovered and resolved.

Business Litigation:

If you have a dispute that cannot be resolved between your business and another party, we have the litigation experience and investigative resources to offer you thorough representation.

Out-of-State Businesses

While much of business law is adopted and implemented at the state level, business crosses state and national boundaries every day. If your out-of-state company is involved in a dispute or has another legal concern in Massachusetts, we have the experience to serve as your local counsel.

Divorce Law/Family Law/Collaborative Law/Domestic Partner

DANEHEY & OSTERBERG, P.C. handles divorces for high net-worth clients and complex custody and relocation cases.

We endeavor to assist clients and their families during economic and emotional instability and during times of transition. We represent clients in a full range of family law matters ranging from divorce including alimony, child support, custody issues, restraining orders, parenting plans, and divorce/separation agreements; to post divorce matters including contempt and modification matters. Whether your situation is one that can be solved quickly and amicably through mediation, or if you are involved in a prolonged and acrimonious litigation we are prepared to handle your legal situation. Although we hope that your case will be resolved quickly and affordably through the negotiation process, this is not always possible. If an out of court settlement cannot be reached we have the resources and the experience to bring your case to trial and get you positive results.