In OneLaw’s June newsletter, Attorney Peter Hahn discusses appellate cases and his experience in the Massachusetts Appeals Court and Supreme Judicial court. Attorney Chiara LaPlume explains what you should be thinking about when buying a house.
Read the full June 2023 newsletter HERE.
The text version is below.
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After Memorial Day, you know summer is around the corner and the end of the school year is approaching. It also means that OneLaw’s summer intern started, and for those who read the last newsletter, you will be interested to know he’s the former client turned law student!
In this newsletter, I explain the appeals process and my experience in the Massachusetts Appeals Court and at the Supreme Judicial Court. Attorney Chiara LaPlume explains what you should be thinking about when you are buying 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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From the Podium
by Peter A. Hahn, Esq.
Lawyers can take on many different roles. Litigators argue points of law, question witnesses, and convince juries in court. In-house counsel typically work with one organization on a number of legal issues. Other attorneys advise clients and draft documents to ensure rights are protected. Then there are appellate attorneys, who have the opportunity to right a legal wrong or establish new law or both.
Almost every legal decision is subject to appeal, which is a review by a different decisionmaker or court. For federal courts, there are Courts of Appeal and the ultimate authority of the United States Supreme Court. In Massachusetts, there is the Appeals Court and the Supreme Judicial Court.
An appeal can challenge any number of issues in a case, from standing and jurisdiction to the outcome of a civil or criminal trial. The appellate attorney has to analyze the substance and process of the case at issue to determine what to challenge on appeal. Extensive legal research must be conducted to determine how the law should have been applied to the facts of the matter. Then the attorney must draft a legal brief that effectively lays out the facts and law to marshal a legal argument that will persuade the appellate court to reverse or uphold the original decision on appeal.
I’ve had the fortune to have a number of cases before the Massachusetts Appeals Court. Every one of my cases has had an oral argument in front of a panel of judges, usually three. You must be prepared to make a long statement about the case and to respond to challenging questions that the judges throw at you, which can sometimes happen right from the outset.
Arguing in front of the Supreme Judicial Court for the Wallace W. case was quite the experience, in front of an array of justices and at the center of a large and solemn forum. Like a coliseum for lawyers jousting with arguments instead of swords. Fortunately the SJC righted the legal wrong in that case and established new law at my urging, leading to a new procedure in Juvenile Court.
Attorney Peter Hahn represents clients in a range of practice areas, including education, juvenile and child welfare, civil rights, criminal, and related matters.
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OneLaw’s Holly Vietzke is a member of the National Academy of Elder Law Attorneys (NAELA), which is dedicated to improving the quality of legal services for older adults and people with disabilities.
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What to Think About When Buying a Home
by Chiara LaPlume, Esq.
Whether you have never purchased before, or simply if you have not purchased in a while, here are some items to think about as future buyers of real estate in Massachusetts.
A buyer’s agent is a free way to obtain some assistance in market analysis and negotiation when purchasing real estate. The buyer’s agent is paid from the commission earned by the real estate agent representing the seller. Therefore, unless you reach a different agreement with an agent, the services of a buyer’s real estate agent are at no cost to a buyer. A real estate agent who is assisting you with the transaction as a buyer can do so in three capacities: as a buyer’s agent, representing only you; as a seller’s agent, working with you but representing and having loyalty only to the seller; and as a dual agent, representing both the buyer and the seller, and therefore having no loyalty to either.
At the beginning of the offer process, the agent preparing the offer with you should provide you with a one-page, transaction-specific disclosure, describing your relationship to them, and therefore clarifying if they are working only for you, only for the seller, or for both. Needless to say, a real estate agent working with only your best interests in mind will provide you with better representation in negotiation, as well as more loyalty and confidentiality. For example, if you were working with a seller’s agent, any information that you give them is being shared with the seller and any offer discussion are made with the seller’s best interest at heart. Therefore, OneLaw recommends working with a reputable buyer’s agent on your purchase. Ideally, one that will look out for your interests, and can guide you through the process and price negotiations with only your interests at heart.
While inspections and other due diligence items have oftentimes been waived during the pandemic years’ real estate frenzy, we are seeing a return to sanity with buyers going back to performing some due diligence and taking the time to better understand the details of the real estate they are buying before they sign the Purchase and Sale Agreement. We are seeing less waived home and radon inspections. However, every transaction is different, and we are still seeing inspections being waived, even if the trend is towards having a home inspection.
We have also seen an increased number of buyers having snags with their financing. It was always important, but it is even more important these days, to have a pre-approval with a solid lender or mortgage broker. A good mortgage lender is one that can provide you with a good rate of interest, but also one that addresses any issues that might come up on the loan approval well before the loan approval review takes place on your file, and one that will close on time. If you are unsure about your lender’s ability to make the loan happen, there are two questions you can ask. One is asking your loan officer (not the lender in general) what their ‘application to closing rate’ is. Some loan officers will try to anticipate problems, and only take your application if they believe that you and the property will qualify for the loan program. You would want to see that almost all of the loan officer’s applications have closed. Another question you can ask is: how many of the loans they have been able to close on time in the last 5-10 years. The answer is, ideally, 100%. In the home stretch, any delays could put your deposits at risk, since in Massachusetts real estate purchase contracts are “time is of the essence” contracts, meaning that, if you cannot close on time, it is within the seller’s rights to take your deposit and find another buyer – even if you would have been able to perform the day after the closing date.
In Massachusetts, all real estate is expensive. It is always a good idea to build a strong team to guide you through the purchase of real estate. If you have any questions about the homebuying process, feel free to contact OneLaw.
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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Time to update your estate plan? Have you been meaning to draft your will? Do you need to set up a special needs trust? Contact OneLaw for a consultation.
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OneLaw represents clients in special education, estate planning, civil rights, residential real estate, student discipline, special needs planning, guardianship, Juvenile Court, civil litigation, child welfare, probate administration, Title IX, criminal, HPO/RO, and related matters.