Newsletters

In OneLaw’s January newsletter, Attorney Beth Herr reviews legal considerations for same sex parents in light of the new presidential administration and what can be done to safeguard custodial and decision-making rights for their children.

Read the full January 2025 newsletter HERE.

A text version is below.

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Is it really 2025?

Welcome to the new year, and the next quarter century!

In our newsletter this month, Attorney Beth Herr reviews legal considerations for same sex parents in light of the new presidential administration and what can be done to safeguard custodial and decision-making rights for their children.

Attorney Herr is our expert in family law. Attorney Holly Vietzke can help with any estate planning that needs to be addressed as well.

And did you know we also represent clients in consumer protection matters? Connect with us if you’ve encountered a Massachusetts business that engaged in unfair or deceptive business practices.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Legal Protections for Same Sex Families in an Uncertain Time

by Beth S. Herr, Esq.

It’s understandable if you are anxious, worried, or scared under the new administration about same sex marriage, same sex couples’ rights to their children, and LGBTQ rights.

Let us focus on married same sex parents and unmarried same sex parents for a moment. Since the election, I have had many clients call me asking what they should do to protect their parental rights.

Here are some of their concerns:

If we are married and we are both on the birth certificate, are both of our rights protected?

It is my recommendation that the non-biological parent should adopt the parties’ child(ren) even if they are on the birth certificate. Adoption provides more protection for both parents. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

If we are not married but have co-parented our child(ren) but the non-biological partner has not adopted the child(ren), are both of our rights protected?

This question raises a serious but common issue, which is not impossible to circumnavigate. My recommendation is that the non-biological partner immediately adopt the parties’ child(ren) to provide them with legal acknowledgement that they are their child(ren)’s parent. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

Whether married or unmarried, if one person in a same sex marriage has adopted the child(ren) but the co-parent of the child(ren) has not adopted the child(ren), are both our rights protected?

The adoptive parent has much more protection than the non-adoptive parent. I recommend that the parent who did not adopt the child(ren) do so as soon as possible. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

If we used a surrogate to have our child(ren), are both of our rights protected?

If the surrogate signed over her parental rights but the couple never adopted their child(ren) or only one of the parents adopted the child, I recommend immediately that both parents adopt the child(ren).

In addition to the above questions, I also strongly recommend that everyone have health care proxies and powers of attorney and that same sex parents include their children in their documents to enable both parents to have the legal right to make health care and other decisions for their children.

An interesting thing that is also taking place is that several of my clients’ adult children have requested to be adopted by their non-biological parent to legalize their relationship with that parent. People seem to feel insulated living in Massachusetts. Right now, that sense of protection is reasonable, however we do not know what the future holds. If you have questions or concerns or need legal assistance, please feel free to contact us.

At OneLaw, Attorney Beth S. Herr specializes in family law, guardianship, and child welfare matters.

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CONSUMER PROTECTION LAW

Massachusetts General Laws Chapter 93A is the Consumer Protection Law that provides a legal action against businesses that engage in unfair and deceptive business practices.

The law allows a customer to recover actual financial damages, or two to three times that amount if the unfair or deceptive practices were knowing or willful. You can also recover attorney’s fees.

There is a notice requirement. At least 30 days before going to court, you must send a letter to the business informing them of the injury suffered, the unfair or deceptive business practices, and your requested relief (i.e. financial amount).

Contact OneLaw for a consultation if you’ve lost money to a business that’s been unfair or deceptive to you.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s November newsletter, I discuss transition planning in special education law.

Read the full November 2024 newsletter HERE.

A text version is below.

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Thanksgiving is one of my favorite times of the year. A few days off with family, friends, good food, and a nap. I hope you get a moment to relax.

OneLaw recently welcomed Alyssa Vachon Daigneault. Attorney Daigneault will focus on education law for the firm. She is a teacher turned lawyer.

In our newsletter this month, I discuss transition planning in special education law.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Special Education Transition Planning

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., requires public schools to provide students with disabilities a free appropriate public education (“FAPE”) that includes special education and related services as described in an individualized education program (“IEP”), including transition planning for older students to develop skills to promote success with identified post-secondary goals.

In enacting IDEA, the United States Congress stated in 20 U.S.C. § 1400 that “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.” One stated purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education . . . designed to meet their unique needs and prepare them for further education, employment, and independent living . . . .”

In Massachusetts, “[b]eginning age 14 or sooner if determined appropriate by an individualized education program team, school age children with disabilities shall be entitled to transition services and measurable postsecondary goals”. M.G.L. c. 71B, § 2. “The school district shall ensure that options are available for older students, particularly those eligible students of ages 18 through 21 years. Such options shall include continuing education; developing skills to access community services; developing independent living skills; developing skills for self-management of medical needs; and developing skills necessary for seeking, obtaining, and maintaining jobs.” 603 C.M.R. 28.06(4).

Under IDEA, the IEP must include “the transition services (including courses of study) needed to assist the child in reaching those goals” in the IEP. “The term ‘transition services’ means a coordinated set of activities for a child with a disability that—(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and (C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.”

As you can see, transition planning is supposed to be comprehensive for special education students so they are prepared for further education, employment, and independent living.

Schools should be doing transition evaluations and incorporating transition planning into the IEP. Private assessments can also be helpful.

Make sure the special education Team is addressing the transition plan early enough so the student can develop the necessary skills while still eligible for special education.

Attorney Peter A. Hahn specializes in representing families in a range of education matters, including special education, as well as related practice areas.

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ALYSSA VACHON DAIGNEAULT

Alyssa Vachon Daigneault is now Of Counsel to OneLaw with a focus in education law.

Alyssa originally graduated from the University of New Hampshire – Durham in 1997 with a Bachelor’s degree in chemistry.

She spent the first part of her career in the petrochemical industry. In 2000, she transitioned to high school education and spent 21 years teaching chemistry and engineering in Newton and Winthrop, Massachusetts. In 2012, she earned her Master’s degree in educational leadership at Simmons College and spent five years and the Science Department head at Winthrop High School.

Now Alyssa is in the field of law. In 2024, she graduated from the New England Law school in Boston.

Outside of work, Alyssa spends time with her husband, eight sons, and their dog Nina. Her hobbies include yoga, skiing, hiking, reading, and enjoying nature.

Alyssa is admitted to practice law in Massachusetts.

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Happy Thanksgiving from OneLaw!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s October newsletter, Attorney Chiara LaPlume discusses residential real estate updates.

Read the full October 2024 newsletter HERE.

A text version is below.

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The weather is unpredictable but at least we are still able to enjoy leaves changing color, apple picking, and Halloween!

In our newsletter this month, Attorney Chiara LaPlume checks in with updates from the world of residential real estate.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Updates from the World of Real Estate

by Chiara LaPlume, Esq.

Rate Cuts: What do they mean for mortgage rates?

On September 18, 2024, the Federal Reserve announced a deep rate cut of 0.5%. To over-simplify, the Fed sets the interest rate at which the Fed lends money to banks. The banks then in turn lend that money to us – with a markup. When the Fed rate changes, we see a direct impact on variable rate loans, such as credit card rates, home equity line of credits where the rate changes monthly, and the interest that we earn on our savings account. But what about mortgage rates? Since mortgages are usually repaid on average in about eight years (through either the sale of the home, refinance, or borrower payoff), there is no direct link between the Fed rate changes and mortgage interest rate changes. Historically, the closest correlation for mortgage rates in the market is the 10 year U.S. Treasury bond. Make no mistake, mortgage rates have decreased following the Fed’s rate cut announcement, even if the two rates are not directly linked. If you are wondering if it might be time to refinance your existing mortgage, reach out to your loan officer and request both a quote for a new mortgage rate and estimated closing costs to refinance. Your closing costs will effectively be your cost to lower your rate. Should you choose to refinance your mortgage, you can often choose the law office to handle your refinance, even if your loan officer does not volunteer that you have a choice. Please consider requesting that your lender assign OneLaw to handle your closing – we would love to help you!

Real Estate Agent Commission Update

The National Association of Realtors settlement went into effect on September 16, 2024, so that now the commission fee offered by a seller to a buyer’s real estate agent is not published on the MLS listing system. As a seller, you can expect a discussion of whether or how much you may wish to compensate a buyer’s agent as you put together your listing agreement with your listing agent. (The choice was always there, but you may have more questions to evaluate your options.) As a buyer, you can expect a buyer’s agent to ask that you sign an agreement clarifying how you expect the agent who is helping you to be paid. If you are not asked to sign an agreement when you begin working with a buyer’s agent, you will certainly be asked to sign an agreement before viewing a property. Are real estate agent commissions worth it? To summarize, yes. Professionals who have the expertise to help you through a stressful and costly transaction are a good investment. You can feel free to openly discuss with your agent how much they will be paid, what services you can expect for their fee, and how that payment is going to be structured. If you have any questions, or would like help in reviewing a listing agreement or buyer’s agreement, feel free to reach out to us.

Spooky Fun Fact for Halloween

In Massachusetts, there is a law stating that real estate brokers and sellers are under no legal obligation to disclose that a property for sale is a haunted house. Or, to put it in legal terns, that “the real property has been the site of an alleged parapsychological or supernatural phenomenon.” M.G.L. Chapter 93, Section 114.

Attorney Chiara LaPlume represents clients in residential real estate matters for OneLaw. She is also a title agent.

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Time to update your estate plan? Have you been meaning to draft your will? In need of a health care proxy or power of attorney? Or a trust to manage your assets or for someone with special needs? Contact OneLaw for a consultation.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s September newsletter, Attorney Chris Connolly discusses a recent success in a criminal case with a Motion to Suppress, and Attorney Peter Hahn reviews what happens when a school attempts to graduate a student who is not receiving a free appropriate public education.

Read the full September 2024 newsletter HERE.

A text version is below.

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Back to school is in full swing with beautiful weather to cap off the summer. The Red Sox are hanging on, the Patriots won their first game, and the Celtics and Bruins will be playing as soon as you know it. This month Attorney Chris Connolly writes about a recent success in a criminal case where he won a Motion to Suppress. I take a look at an interesting piece of special education law – what happens when a school attempts to graduate a student but the student is not receiving a free appropriate public education. OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Special Education & Graduation

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities special education until their 22nd birthday or until they graduate from high school with a regular diploma. In Massachusetts, graduating with a diploma typically means achieving the competency determination standard by passing MCAS requirements and meeting local graduation requirements as established by the school district. The United States Supreme Court has made clear that IDEA compels school districts to provide special education students a free appropriate public education (FAPE) with an appropriately ambitious and challenging IEP reasonably calculated to allow the student to make progress in light of the child’s circumstances. There can be times when school districts say a student has graduated and therefore is no longer entitled to special education, but parents disagree and reject such termination and refuse to accept the issuance of a diploma, such as if their child is not making progress on goals, their need for transition services is significant, or there is a denial of FAPE. The Massachusetts Department of Elementary and Secondary encourages school districts and families to work out the disagreement, either through the Team process or by way of a dispute resolution process such as mediation. Ultimately, if the parties cannot come to an agreement on how to move forward, a parent or school can file a due process complaint and request for hearing at the Bureau of Special Education Appeals seeking a legal decision from a hearing officer regarding the status of the student and school district.

Peter A. Hahn is the Founder and Principal Attorney of OneLaw.

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A Winning Motion to Suppress

by Chris Connolly, Esq.

I recently prevailed to suppress all evidence against my client obtained via a police search and seizure of his car and person during a roadway stop. In most instances, if the police have violated the constitutional rights of a defendant, the evidence obtained as a direct result of the violation by police is suppressed, which means the evidence cannot be used at trial against the defendant. If evidence is suppressed, this can result in a dismissal of charges or more favorable conditions at trial for a defendant. There are two common issues a defendant usually raises to suppress evidence. A defendant can challenge a search and seizure as unreasonable and argue that his privacy rights were violated. You most commonly hear about this issue when someone talks about their Fourth Amendment rights like the requirement for the police to get a warrant. Searches conducted in the absence of a warrant are presumed to be unreasonable and the government has the burden to persuade a judge otherwise. Another issue is Equal Protection. This is a right of a defendant to be treated fairly and without discrimination by police and other government actors. If a client is targeted at least in part on the basis of a protected class in Massachusetts like race or sexuality, even if by implicit bias by the police, the evidence obtained by the search should be excluded. This can be a difficult issue to litigate, but is most commonly demonstrated by the use of statistics showing disparate treatment by the specific officer as well as inferences from the search itself to force the Commonwealth to try to rebut the inferences of discrimination. I raised in my recent successful case that the evidence against my client should be suppressed due to an unreasonable search and seizure. The state trooper alleged that my client, who spoke no English, committed several traffic infractions, which we challenged. Police have the right to make an inquiry and interact with a motorist if they see a traffic violation or have reasonable suspicion of a traffic violation, but not if they are acting on a hunch or have insufficient evidence to make the stop. I also challenged the stop for an impermissible exit order from the vehicle. Unlike in federal constitutional rights, drivers and passengers in Massachusetts law have the right to be free from an order to leave a seized vehicle absent a few exceptions including: police are warranted in the belief that the safety of the officers or others is threatened; police have reasonable suspicion of criminal activity and the exit order is proportional to privacy concerns of the defendant to investigate the suspicion; or police are conducting a search of the vehicle on other grounds such as probable cause to search. Simply because the police have made a valid stop and exit order does not necessarily mean the police can search the person or car. The police need even greater evidence support that the police are in danger or that there is evidence of a crime to search you or your car. At each step in the process of the police’s search and seizure, the police actions must follow the law. At OneLaw, we zealously represent our clients, make sure the law is followed, and fight for the best outcome possible.

Attorney Chris Connolly represents clients in education, criminal, juvenile, and civil rights matters for OneLaw.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

OneLaw’s July newsletter reviews types of fee arrangements.

Read the full July 2024 newsletter HERE.

The text version is below:

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Summer is now here and there is no denying the heat!

Here at OneLaw, we went out to lunch recently, and I was reminded how important it is to take a break, whether at work or at home, with colleagues, friends, family, or simply yourself. I hope you are able to do that sometime soon.

In case you have a legal matter that will not wait, regardless of the season or weather, we are still here and have you covered. If you are looking to buy or sell a home, Attorney Chiara LaPlume can help you out. If you have an estate planning matter, Attorney Holly Vietzke is available. Attorney Chris Connolly represents clients in criminal, abuse and harassment prevention order, and juvenile cases in addition to school matters. Attorney Beth Herr covers family law and guardianships. My focus is on education law but I also work with clients in a range of matters supporting children and families.

As you can see, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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MASSACHUSETTS DISTRICT COURT & JUVENILE COURT

We represent clients in various matters in Massachusetts District Court and Juvenile Court at all stages of the process, from clerk magistrate’s hearings to trials.

For example: Juvenile Court * Juvenile Delinquency and Youthful Offender * Child Requiring Assistance (CRA) * Care and Protection (involving DCF) * Harassment Prevention Order District Court * Criminal * Motor Vehicle * Abuse Prevention Order * Harassment Prevention Order * Mental Health Commitment * Substance Use Treatment

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Types of Fee Arrangements

by Peter A. Hahn, Esq.

At OneLaw, we have three different types of fee arrangements.

We primarily bill clients on an hourly rate basis. This arrangement requires that a retainer be paid to secure representation. If there is a balance left when we are done, the balance is refunded.

Some matters are more amenable to a flat fee arrangement. Estate planning and residential real estate are usually billed at a set fee depending on the type of work to be done. Flat fees may be billed in advance, either in full or in part.

Contingency fees are considered in matters with potential financial damages or a settlement for the client. The contingency fee is based on an agreed upon percentage of the financial outcome. No retainer or advance payment is required. We only get paid if the case is successful.

Regardless of the fee arrangement, a written fee agreement must be signed before we can begin any legal representation.

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Attorney Peter A. Hahn presents Recent BSEA Decisions: Part I as part of his monthly virtual seminar series for education advocates

Monday, July 29, 2024 2:30-3:00 PM by Zoom

In OneLaw’s May newsletter, Attorney Peter Hahn discusses unilateral placements in special education.

Read the full May 2024 newsletter HERE.

The text version is below:

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I hope you all had a relaxing Memorial Day weekend. Summer is almost here!

Thank you to Attorney Holly Vietzke for her presentation on the Fundamentals of Estate Planning and Special Needs Planning on May 21. It was very informative, and reminds me there are plenty of reasons you want to consider an estate plan for the first time or update one you already have. Attorney Vietzke does consultations as well.

Thank you to special education advocates who have been attending my monthly virtual seminar series for topics in education law. Last month I discussed educational evaluations. Up next is student discipline, and future topics include collateral legal issues, BSEA decisions, and the new IEP form in Massachusetts.

Attorney Chris Connolly and I have been quite active during the “busy season” for school-related cases. Contact us if you need representation as the school year comes to a close.

A reminder that Attorney Beth Herr represents clients in guardianships and family law matters, including adoption.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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There are many reasons to create or update your estate plan, and we tailor an estate plan to your needs and life circumstances.

Documents to Consider * Will (single or joint) * Trust (revocable, irrevocable, special needs) * Power of Attorney * Health Care Proxy

Reasons to Consider * Predictability for Inheritance * Having Your Decisions Honored * Care and Support for Children * Transfer of Assets * Distribution of Wealth * Estate Tax Implications * Real Estate * Change in Life Circumstances

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Unilateral Placement in Special Education

by Peter A. Hahn, Esq.

Public school districts are required to provide a free appropriate public education (FAPE) for students with disabilities. Families have several options to address a denial of FAPE, including rejecting an IEP, a due process hearing, mediation, or an administrative complaint.

One approach is a unilateral placement. In this scenario, you seek an alternative school placement or different educational programming or service that is necessary and appropriate for your child. The law allows you to seek reimbursement for the cost of the school, program, or service from the public school district.

There are several things to keep in mind when considering a unilateral placement. You do so at your own legal and financial risk. There is no guarantee that a school district will agree or be ordered to reimburse you. The decision must be connected to a denial of FAPE, and you must be able to prove it. The school, program, or service must be appropriate based on the disability-related needs of the child.

There is a notice requirement. Prior to the unilateral placement, you must provide a 10-day notice letter to the school district or inform the district at a Team meeting that you intend to place your child at private expense because of a denial of FAPE and you plan to seek reimbursement for all costs associated with the placement or program.

There is no simple way to get reimbursement. Typically you have to avail yourself of a dispute resolution process and/or sign a settlement agreement. You have to file a due process complaint within the two year statute of limitation or you forfeit your claim.

This is a complex area of law, and this list is not exhaustive. If you are considering this option, consult with an attorney before making the decision in order to ensure you are preserving any legal claim you may have to reimbursement for the unilateral placement.

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Attorney Peter A. Hahn presents

All You Need to Know About Student Discipline

as part of his monthly virtual seminar series for special education advocates

Monday, June 3, 2024 2:30-3:00 PM by Zoom

Read the April 2024 newsletter HERE.

In OneLaw’s March newsletter, Attorney Peter Hahn discusses trial experiences.

Read the full March 2024 newsletter HERE.

The text version is below.

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Some people say there are only two seasons around here (winter and summer), but lately it’s felt like spring with the sun and warmer temperatures. Lilies and daffodils are right around the corner!

Attorney Chris Connolly recently achieved a Not Guilty in a criminal case in the Dorchester Division of the Boston Municipal Court. Congratulations to Chris and his client. It also got me thinking about my own trial experiences, some of which I explore below in this newsletter.

My monthly virtual seminar series for special education advocates is well under way. I’ve already discussed school attendance and school-based anxiety as well as best practices for special education advocates. Next up is a primer on the Bureau of Special Education Appeals (BSEA). Please reach out if you are an education advocate and want to be added to the invitation list.

With the weather warming up and the potential for interest rates stabilizing, there will be more activity in the residential real estate market. Reach out to Attorney Chiara LaPlume if you need help buying or selling a home.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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On Trial: Experiences from the Courtroom

by Peter A. Hahn, Esq.

Not all attorneys are litigators. Those that are know the ins and outs – and the ups and downs – of trials and other evidentiary hearings.

In litigation, you have to be the ultimate multi-tasker. Preparing your case. Filing motions. Questioning witnesses. Making objections. Communicating with you client. Reading the room (including the jury). Opening statements. Closing Arguments. The list goes on. You need a mastery of the law and the facts so you can respond expertly in-the-moment to whatever gets thrown at you and make it look like you knew it was coming all along. Then there’s the verdict. What a rush of victory when you here those words of vindication for your client.

I’ve had a few juvenile cases where my clients have testified. When you are accused, the Fifth Amendment right against self incrimination means you do not have to testify at trial. The government has to prove the case against you, you do not have to prove you are innocent. Even if a client wants to testify, often there are too many risks. But there are times when it makes sense. Preparing any witness in advance of trial or a hearing is absolutely necessary, and a trusting relationship helps, too, especially with adolescents. When executed right, the approach can work, as I have experienced with juvenile clients in cases involving charges of attempted bank robbery, sexual assault, and possession of a firearm. In each of those cases, the jury came back Not Delinquent.

Though the type of case is different at the Bureau of Special Education Appeals, all the same skills are necessary. My BSEA hearing experience emphasized how you have to be ready for anything. On the morning of the hearing, I received a motion to dismiss from the school’s attorney. I was fully prepared for the hearing, to call and question witnesses, and present an overview of the legal arguments in the matter. Though I did not know until the last minute I had to address the motion to dismiss, I was ready to do it. You have to be ready for anything. I argued against the motion to dismiss, and since the hearing officer did not rule on the motion immediately, I went forward with the hearing without missing a beat. The motion to dismiss by the school was later denied, and my clients won the hearing.

Attorney Peter A. Hahn represents clients in education, civil rights, juvenile, child welfare, and related matters. He founded OneLaw in 2022.

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Have you been putting off drafting your will for the first time? Do you need to update your estate plan? Does anyone in your family have special needs? From the simple to the sophisticated, we are here to assist with your estate planning and special needs planning. CONTACT US today to set up a consultation.

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OneLaw in the News

“A father did everything he could to protect his son. Until he couldn’t. … A year and a half later, he’s still seeking justice.“

Attorney Hahn represented the family.

Read the article (https://www.bostonglobe.com/2024/02/22/metro/father-did-everything-he-could-protect-his-son-until-he-couldnt/) .

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Attorney Peter A. Hahn presents A Primer on the Bureau of Special Education Appeals (BSEA) as part of his monthly virtual seminar series for special education advocates

Monday, April 1, 2024 2:30-3:00 PM by Zoom

In OneLaw’s February newsletter, Attorney Chiara LaPlume explains how working with a real estate agent may be changing due to recent litigation.

Read the full February 2024 newsletter HERE.

The text version is below.

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As we experience the depth of winter, there is hope that spring is fast approaching.

That means the residential real estate market will start to heat up. Our real estate expert Attorney Chiara LaPlume will present a seminar about “Buying and Selling A Home” in our office building at 55 Chapel Street in Newton next Thursday, February 8, 2024 at 12:00 PM. Come hear her speak about fundamentals of the process and recent developments to consider.

Attorney LaPlume also explains in this newsletter how working with a real estate agent may be changing due to recent litigation.

With the new year, OneLaw welcomes another addition to our practice, Beth Herr. Attorney Herr specializes in family law, and represents clients at OneLaw in guardianships, child welfare, adoption, and uncontested domestic relations matters. Welcome, Beth!

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Welcome Beth Herr to OneLaw!

Attorney Herr represents clients in guardianships, child welfare, adoption, and uncontested family law matters. She graduated from Northeastern University Law School and is a visiting professor at Holy Cross.

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Attorney Chiara LaPlume discusses “Buying and Selling a Home”

Thursday, February 8, 2024 12:00 PM

55 Chapel Street, Newton

Attorney LaPlume will discuss typical aspects of the process of buying and selling real estate, the state of the market, the role of real estate agents and attorneys in the process, and recent developments to consider in residential real estate practice.

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How Working With A Real Estate Agent May Be Changing

by Chiara LaPlume, Esq.

Did you see the headline in November 2023 about a Missouri court issuing a verdict on antitrust litigation regarding real estate agents? If you are buying or selling in Massachusetts it might affect you. While the lawsuit was filed in a Missouri court, it was against many real estate companies with nationwide offices, and the plaintiffs claimed antitrust violations that are based in federal law. Given the $1.8 billion verdict and the related lawsuits already in process, similar lawsuits are expected to be filed in other states. Even before other suits are filed or heard, this significant award has already started to affect “best practices,” and is expected to eventually make way for a new standard way of doing business for real estate agents everywhere – Massachusetts included.

What Is the Basic Upshot of the Lawsuit?

The court agreed that real estate business practices by real estate agents in Missouri were anti-competitive by (i) inflating real estate commissions at around 6%, and (ii) forcing the seller to pay the buyer’s agent’s commission, effectively burdening the seller with the costs of services that benefit another party and that may moreover work against the seller’s interest. The lawsuits so far have expanded to the NAR (National Association of Realtors) and MLS (Multiple Listing Service), but this article will only focus on the main impacts on real estate agent compensation, and how that is expected to impact consumers.

What Does This Mean if I’m Selling?

If you plan to sell in 2024, you can expect updated listing agreement forms (Fall 2023 or 2024 editions) being presented, although this may not always be the case. You can expect to have an explicit conversation involving (i) who the listing agent that you hire can and cannot represent, for example if they can also represent a buyer they already know on your sale transaction, and (ii) whether the seller should offer to pay a buyer’s agent’s commission or not. Prices are driven by demand after all, and many buyers are already covering a lot of costs (e.g., inspections, down payment, mortgage application fees, appraisals, closing costs, and legal fees), and may be unwilling to come out of pocket to pay their real estate agent as well. A discussion about the marketing strategy will therefore include whether to incentivize buyers by offering a commission split, as much as staging.

What Does This Mean if I’m Buying?

The first item that you might notice is a request to sign a buyer’s agent’s agreement. Last year, you might not have been asked to sign an agreement with a buyer’s agent. Things were informal. When you scheduled a viewing, you would sign a disclosure outside the property just before seeing it, stating that you understood that the agent you were working with was showing you this one property as a buyer’s agent, representing only you (or alternatively, stating that they were also representing the seller, or only representing the seller). If you did not like working with your buyer’s agent, you just started to work with another agent for your next viewing. Formalities might have been minimal. Now, if an agent introduces you to a property and you buy, they need to clarify who will pay their commission if the listing agent does not offer a commission split. Therefore, they need to have a conversation with you, and an agreement about the payment for their services. This might happen before you are even scheduled to see a property. A buyer’s real estate agent can provide a lot of value to the transaction, including saving you time by understanding what you like and need (and only showing you the properties that fit the bill), assessing the value of a property and negotiating the price of a very costly item, steering you away from bad neighborhoods or problematic properties, providing recommendations and referrals as needed, anticipating problems and needs, and providing a sounding board if issues come up.

In Conclusion

Although this issue might not be explicitly brought up, expect real estate agents to disclose and negotiate the commission amounts more in 2024 than they did in 2023.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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Contact us to discuss ESTATE PLANNING, whether for the first time or to update your plan!

In OneLaw’s December newsletter, Attorney Peter Hahn explains how families get involved with the Department of Children and Families, and Attorney Chris Connolly reviews the law regarding students being questioned about misbehavior at school.

Read the full December 2023 newsletter HERE.

The text version is below.

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Hopefully you are able to get some rest as the year wraps up.

In this newsletter, I explain what to consider when you become involved with the Department of Children and Families, and Attorney Chris Connolly reviews the law regarding students getting questioned about misbehavior at school.

Our seminar series will continue in January with Attorney Chiara LaPlume presenting on buying and selling residential real estate. First timers welcome as well as those who have gone through the process before.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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What to Know About the Department of Children and Families

by Peter A. Hahn, Esq.

The Department of Children and Families (DCF) is the child welfare agency in Massachusetts tasked with investigating allegations of child abuse and neglect and caring for children who can not live with their caretakers, either temporarily or permanently.

A DCF investigation begins with a 51A report of an allegation of child abuse or neglect. Mandated reporters are those people legally required to file a 51A. DCF either screens in or screens out the report for further investigation. A 51B investigation is conducted by a social worker. She typically will want to visit the home and interview the child (or children), the accused, and the parents or guardians (if different). She will speak to the original reporter and collaterals, including the child’s doctor and school. She will see if there is a criminal record or related police reports. Any prior DCF history will be considered. The result of the 51B investigation can be to support the allegation, unsupport the allegation, or substantiate a concern about the family. DCF may require an assessment of the family or offer voluntary services.

In the most extreme scenario, DCF can petition the Juvenile Court for custody of the child, including on an emergency basis if deemed necessary. A care and protection petition begins what is typically a long, arduous court battle involving DCF. Ultimately, a parent’s rights can be terminated and the child placed for adoption.

OneLaw represents clients in all types of matters involving DCF. We counsel clients through the process. We can be present during a home visit during the initial investigation. We may advocate for you during a Fair Hearing appeal if an allegation is supported or substantiated against you. We can represent you if DCF files a case in Juvenile Court or Probate and Family Court. In general, be cautious but cooperative with DCF. However, every situation is different, and you are best to consult with an attorney before deciding how to proceed.

Attorney Peter Hahn represents clients in a range of practice areas, including education, civil rights, juvenile and child welfare, criminal, and related matters.

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GUARDIANSHIPS

Adults with disabilities may need a court-appointed guardian if they are not able to make basic legal decisions for themselves, including financial, medical, and educational decisions. OneLaw works with parents and other caretakers interested in seeking guardianship over any adult who qualifies. This includes planning in advance for children who are about to turn 18. Contact us if you need assistance.

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The Law About School Interrogation

by Chris Connolly, Esq.

Can school teachers and administrators question students about alleged misbehavior? It depends.

Adult defendants have a right not to incriminate themselves. If a police officer has someone in custodial interrogation, the police are required to read them Miranda warnings such as the right to remain silent, the right to an attorney, the right to consult with counsel, and to have counsel present during the interrogation, and the right to have an attorney provided if he cannot afford one. Custodial interrogation is a legal term of art that asks the court to determine whether a defendant would’ve felt free to terminate the interrogation among other factors of compulsion to speak with police. The greater the circumstances are for the defendant to feel compelled to speak with the police, the greater chance there’s custodial interrogation. Frequently in criminal cases, the big issue regarding whether the government can use the defendant’s statements at trial is whether there’s custodial interrogation. For example, a person who goes on his or her own volition to a police station to talk about an event, who is free to leave without any notable factors compelling him or her to stay, the situation probably wouldn’t be custodial. If, however, one changes a few of the details, like the door to the conference room locks keeping the person there while police continue questioning, then custodial interrogation and Miranda warnings could become issues. Questioning by police can become custodial at later points of the interaction even if at the beginning wasn’t custodial.

Separate and apart from the issue of Miranda warnings is whether the statements are made voluntarily. A statement to be used against a defendant can’t be a product of physical or psychological coercion. Many things can factor into whether statements are voluntary including the age and experience of the person questioned. Examples of a statement being involuntary can include in some contexts promising leniency or false assurances that parts of the Miranda warnings don’t apply after the police provided the warnings.

Children have the same rights as adults during police interrogations. Children also have an additional protection during custodial interrogations called the interested adult rule which generally requires the police to have present an adult who has a concern for the child’s welfare and allows the child the opportunity to meaningfully consult with the adult about his or her Miranda rights.

What if a school official is doing the questioning? Courts are reluctant to find custodial interrogation in school situations even though school officials are also government actors like police with great control over students. Whether there is custodial interrogation comes down to whether the school official is acting as an agent of the police during questioning and the involvement of the police in controlling the questioning, including school resource officers. In other words, if the police aren’t controlling, initiating, or influencing a school investigation, then there’s no custodial interrogation.

Separate from that, there is no broad legal requirement that a school official contact a parent or have a parent present before questioning a student. It doesn’t even matter if the school official later turns over the student’s statements to police. Also, no case law at the moment has supported a student’s claim that his or her statements to school officials in the absence of police officer participation is involuntary. However, the argument can still be made.

This isn’t to say that students in public schools have no rights in a school investigation or a disciplinary hearing if police aren’t involved. Students do not have to answer questions. Students also have a right to privacy from unreasonable search and seizures. Numerous state and federal statutes and regulations control procedural due process rights of students. In student discipline hearings, the student has a right to have parents and an attorney participate. If you’re a student being questioned by a school official of something that could be criminal in nature like a fight or the school found an illegal substance in your possession, or there’s any potential violation of school rules, it’s recommended that you ask to have an attorney present before answering any questions and be allowed to contact your parent. Kids often lack the capacity to appreciate the consequences of their actions or words. It helps to have an adult present to make sure they understand what could happen if they speak.

Attorney Chris Connolly represents clients in criminal and juvenile delinquency cases, as well as a variety of education law matters.

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COMING SOON: Attorney Chiara LaPlume will present a seminar in the common area at 55 Chapel Street in Newton on buying and selling residential real estate. First timers are encouraged to attend, but everyone with questions about the process are invited. More details to follow in the new year!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.