Massachusetts Legal Community Responds to Opioid Addiction Epidemic

The opioid painkiller addiction epidemic in Massachusetts continues to rise despite the media and press attention it has received in recent months.  According to the Massachusetts Department of Public Health, opiod-related overdose death reported between 2012 and 2014 existed in 263 of out of 351 of the state’s municipalities, or about 75%.  Sadly, statewide, 1,089 people, (or 16.5 per 100,000), were killed by opioids in 2014.

Because of the euphoric side effects and associated withdrawal symptoms, these drugs have become increasingly sought after and are frequently sold by prescription holders to third parties.  Compounding this problem is the likelihood of “drug tolerance” which almost always results in the person needing to take higher doses of the opioid in order to achieve the same initial effect. Finally, opioid painkillers have been established to be the biggest risk factor in ultimately causing a heroin addiction.

Massachusetts Lawyers have stepped up the plate to help combat the substance abuse addition in the Commonwealth.

Although  initially used to treat acute, short-lasting pain from injury and longer-lasting pain from cancer, these medicines have been increasingly prescribed to treat chronic pain conditions, like arthritis, over the past 20 years.  In fact, four times as many prescription opioids were prescribed in 2015 in the United States than were prescribed in an average year in the 1990s.

Health officials are working to educate health care providers on safe prescribing, and are educating the public about the risks of opioid painkillers, but the legal community has also begun to play a role in fighting substance abuse.

The Massachusetts Bar Association launched a free legal assistance pilot program in Norfolk county to help residents who are seeking court-ordered inpatient treatment for a friend or family member that is struggling with opiod or other substance addictions.  If successful, the program may also be adopted by Middlesex County in the coming months.

Specifically, the program offers individuals help with Mass Gen. Laws Ch. 123 Section 35, more commonly known as “Section 35” which allows individuals to ask the courts to involuntarily commit substance abusers to an inpatient treatment facility if the abuse puts themselves or others in danger. Once “sectioned”, an abuser can be sent to a treatment program for up to 90 days if a judge determines, following an evidentiary hearing, that there is a likelihood of serious harm to themselves or to others.  The program is the first of it’s kind in Massachusetts and will be coordinated by a toll-free helpline.  The program and will be staffed by volunteer attorneys who will assist petitioners with drafting their “Section 35” petitions.  The attorneys may also make pro bono court appearances when deemend necessary.

“Having a loved one ‘sectioned’ and forced into treatment is not an easy thing to do and often is viewed as a last resort to save someone’s life.  No one should have to go through this alone, ” stated Massachusetts Bar Association President Robert W. Harnais, who created the program.  “Our helpline ensures that for the first time, the people closest to the devastation cause by opioid addiction – the addict’s friends and family members – have the support and legal help they need to navigate this powerful process.”

More information concerning this initiative can be found on the Massachusetts Bar Association Website http://www.massbar.org/norfolkhelpline.

How to Take the Fight out of Divorce

Inability to effectively communicate and negative emotions can prevent resolution of minor issues between divorcing spouses.

When facing divorce, the last thing any family needs is arguing and confrontation.  Just because two people fall out of love,  doesn’t mean they should try to hurt one another emotionally and financially. Divorces can be overwhelming, and are the cause of significant fear and anxiety for a lot of people.  What many people don’t realize is that “this doesn’t have to be the case.”  The best outcomes in divorce situations is when both parties put their personal feelings aside and view it as a business negotiation.  In fact,  data from the Project on Negotiation at Harvard Law School substantiates this position concluding that “good decisions are not made when there are negative emotions or fear.’

Many people have heard the term “mediation” and may loosely understand what it means, but don’t have a firm handle on what it can do for them in the context of divorce situation.  In Mediation, both  spouses come together,  for a few sessions, and use interest based negotiations to help them reach agreements on child custody, support and division of assets. After the agreement is reached, the mediator will typically draft a separation agreement. The mediator does not represent either party, and does not give legal advice. The function of the mediator is to assist parties in communicating, and to help them in forming their own resolutions to the issues that they have difficulty with.  Mediation can preserve a family’s financial resources, and may accomplish the divorce process in  less time and with less stress.

It is important to remember that not all divorcing spouses are going to be candidates for mediation.  If one person is using the mediation process in order to “strong arm” the  less-aggressive spouse into complying with his or her wants or wishes, this will be a waste of time.  Most mediators can see right through this and will end the sessions  if it becomes unproductive.  There are also no guarantees that a mediation can fast-track a divorce.  If the process breaks down at any point,  people may find themselves quickly lawyering up.

If a mediation breaks down, it doesn’t necessarily mean a divorce is headed straight to trial.  In Massachusetts, (and in a majority of states) most divorces have great potential to settle out of court simply because litigation is expensive and trials can be very time consuming and unpleasant.  In Massachusetts, several of the county bar associations offer conciliation programs which have assisted the courts greatly in resolving contentious cases that would otherwise go to trial.  These programs are staffed by volunteer family law attorneys who are trained and experienced.  They also function as third-party neutrals, so the process tends to move much faster and is more directed than a mediation. A conciliator can make helpful suggestions on how to resolve a case and may also write a report to the court on what options were discussed as part of the process.  Sometimes a session is broken down by dividing up into small groups so that each party feels as though they can speak freely if a case is especially contentious.  The success rate of conciliation is remarkable in Massachusetts.  Roughly 70% of the cases that are referred by the family court for conciliation are resolved and reported as settled.

Managing conflict is never easy, but it doesn’t have to be impossible.  A good mediator is open and understanding about different ideas, perspectives and experiences and has creative solutions that take each of them into consideration.  Taking the fight out of divorce spares couples time, money and anguish and is well worth the investment.

 

Massachusetts Restraining Orders and Harassment Protection Orders – What You Need to Know

A restraining order under M.G.L. 209A is a civil order issued by the court that prohibits a person from being within a set proximity or making contact with the person who filed the restraining order.  A harassment prevention order under M.G.L. 258E  also provides these same protections from harassment and abuse.  This following is a list of a few tips that will help prepare you for what you can expect when you are at these types of hearings.

1. Be Able to Clearly Identify an Imminent Threat of Harm

When you request a restraining order, you are asking the judge to restrict another person’s freedom, which is not something the court takes lightly. Remember that the law does give the judge the authority to restrict someone’s freedom only when there is violence or harm, or the imminent threat of violence or harm.  The law does not give a  judge the authority to restrict someone’s freedom because that person lies, swears, drinks, squanders money, etc.  Even if the other person’s bad behavior may be a big part of the abuse, it is not likely to be a basis for a judge to grant a restraining order unless you can show it caused you to be reasonably fearful for your personal safety.  Focus on the acts of violence which gave rise to your request for the restraining order you are seeking and the court will be more likely to grant your request.

2. Give careful thought to your restraining order statement before you write it down

The sworn statement (also called a supporting affidavit) you write in your application for a restraining order is a summary of your case against your abuser and should be well thought out. It is an official declaration to the court that is made under the pains and penalties of perjury, and should concisely set forth each and every act that caused you fear.  The supporting affidavit is a permanent part of the court record, and it is important to remember that it may be brought into any future court proceedings, either to support your case, or to be used against you.   If the affidavit is weak or poorly written, it will be easier to attack the request for the restraining order and discredit you.  Also keep in mind that if the history of abuse is very lengthy and complex, you do not have to cover every single event that transpired in the supporting affidavit.  Like most things, less is more when you are presenting to the court. However, special care should be taken to make sure that critical points do not get left out and the timeline of events is clear.  If material issues are left out, or the summary of your allegations veers off into irrelevant matters, you may confuse the court and make it difficult to raise important matters later in the case.

3. Track down your witnesses

A temporary restraining order (TRO) is normally issued on an emergency basis with the court relying on the alleged facts contained only in the supporting affidavit.  If a TRO is granted, the court will schedule the matter for hearing within 10 days so that the defendant can be present and give his or her side of the story.   A restraining order hearing works like any other trial, and the testimony is subject to the rules of evidence.   If you have witnesses who can verify your accusations, it adds tremendous credibility to your case.   If your witnesses are not willing to testify at the hearing,  ask them to write a witness statement for you which you can present at the hearing.  Ideally, it should be signed by your witness under the pains and penalties of perjury and notarized.  The defendant will likely object to any signed statement, but it is well worth getting if your witness cannot appear for the hearing.

4. Control your emotions in front of the Judge

Dramatic displays of emotionalism at a restraining order hearing are never a good idea. When your case is called, there will likely be a substantial amount of people in the courtroom present waiting to be heard on other matters.  Although the judge will be concentrating on your testimony, you need to be mindful that there might be total strangers listening as well.  As nerve wracking as the situation may be for you, avoid telling long, dramatic stories. If you feel like seeing your abuser in court will make you upset, come prepared with a supportive friend or family member.  It is also a good idea to bring a few tissues with you so that you are not caught off guard if you feel like you might lament.  Resist the urge to panic, and stay calm by taking deep breaths, and focus on the judge and avoid looking at the defendant.  Respond directly to the question being asked, and keep your answers clear and concise.

New Years: A Fresh Start for Old Habits?

The new year is the perfect time for a lot of people to super-charge their self-improvement plan by getting motivated, focused and organized.  People tend to view the start of a new year as a 365 page book that has yet to be written.  Each day represents a blank page that has all the narration potential that optimism and hard work can pen – the decision is ours.

When you consider how many if not most people over-eat, over-spend and over-indulge over the course of the holiday season, it should come as no surprise that by the time the new year arrives, people are craving structure, self-discipline and relief from the guilt that follows many of these excesses.  It is not uncommon for people to file for divorce, start a new career or relocate as part of a new years strategy to self-improve. However, more often than not resolutions involve belly-fat and biceps and are frequently made at the last minute as the year draws to a close.

Why then, do new years resolutions have seem so difficult to maintain for most people? Although almost half of all Americans make some kind of New Years resolution, according to U.S. News and Word Report, 80% of all new years resolutions fail.  Focusing on how you should approach your new years resolutions can help you resolve not to let old habits get a fresh start in the new year.

Mind Over Matter

After you’ve given yourself a pep talk about the importance of goal-setting and self-care, it is your responsibility to make sure you maintain a positive mind set as you start to go through the new year.  There are going to be days when you feel discouraged and may lack the resolve to follow through.  While will power is important, it will fail you if you entertain negative thoughts and begin to reason away your resolve.  If you have a bad day and fail at some of your goals, forgive yourself and don’t let yesterday’s failure interfere with tomorrow’s successes.  Be focused on your everyday behavior and don’t push too far ahead into tomorrow.  To that end, you will be better able to enjoy today for what it is and appreciate small successes.

Do you remember your resolutions from one short year ago?  Small incremental resolutions are the best for success, but even still require constant daily dedication. 

Keep it Realistic

When it comes to setting your resolutions, make sure you make them reasonable and attainable. It’s also important not to deal in absolutes.  Let’s face it – you aren’t going to be speaking fluent Swahili,  playing a french horn concerto, or losing large quantities of body fay within a month’s time.  Also, if you resolve to go to the gym 6 days a week as opposed to simply adopting a healthier lifestyle or losing weight, you are going to be setting yourself up for failure.  What happens if you get the flu and can’t make it in for 7 days?  Recognize your own boundaries and keep your goals reachable in the context of your life.  Set a well thought out plan for your goals that you know you are going to be able to follow.

Get Advice – Good Advice

While it can be beneficial to seek out the advice of close friends and family, be wary of jumping on the bandwagon of self-help gurus who don’t know you, aren’t familiar with your lifestyle, and may not offer good wisdom and judgment.  Researcher and psychologist Richard Wiseman found that many of these ideas that are frequently recommended by self-help experts simply don’t work based on the results of his study on new years resolutions.  “If you are trying to lose weight, it’s not enough to stick a picture of a model on your fridge or fantasize about being slimmer.” Wiseman said.

Check Your Motives

What is the driving force behind your resolutions?  Is guilt or shame?  How about fear or insecurity?  If so, it’s best to take a step back and evaluate your mind set and how you actually view yourself.  It is a well-settled fact that negative emotions are poor fuel to launch a campaign for self-improvement.  Harvard Business School Researcher Amy Cuddy told the Business Insider that (people) “tend to focus on things they want to change about themselves and things they dislike about themselves,”  she went onto explain that when a person does this “you’re eliciting in yourself negative emotions. Some negative emotions are motivating, but for the most part, they’re not.” If you say, “I’m going to stop eating junk food,” to use an example, you’re denigrating yourself before even getting started. You’re better off framing your goal as “eating healthier” so that you’ll remain motivated and optimistic.

Ellen Anna Wright is a senior attorney at Wright Family Law Group in Tewksbury, Massachusetts focusing her practice on Family Law, Personal Injury and Bankruptcy.

 

 

 

 

 

Holiday Season Car Accidents: Be Prepared

Accident statistics during the holidays suggest that the holiday season can be a particularly dangerous time to travel when it comes to fatal motor vehicle accidents. If you or a loved one have holiday travel plans, be cognizant of the hazards that are unique to this time of year.

In a season that is supposed to be merry and bright, there is an increased risk of car accidents on Massachusetts roadways.

Causes of Car Accidents During the Holidays

Drunk Driving

Studies suggest that the most dangerous time of the year to be on the road is between Thanksgiving and New Years Eve. There are many causes of traffic accidents, but statistics suggests that certain factors contribute to the higher incidents of motor vehicle accidents during the holiday season.

The most current statistics available from the National Highway Traffic Safety Administration (NHTSA) show that the month of December can be especially dangerous for motorists. According to the most recent NHTSA study from 2001-2005, 38% of the traffic fatalities during the Christmas period involved a drunk driver or motorcycle riders, and 41% during the New Year’s period. These numbers are significant when compared with 31% taken for the year’s average as a whole.

Driver Distraction & Fatigue

There is an increase in impaired drivers during this time of the year as well as driver distraction. Although Massachusetts enacted a law which bans texting while driving in 2010, it is not uncommon for it to go largely ignored during this busy time of the year. The reality is that more demands on our time with expectations and tensions running high can be physically and mentally exhausting for many, if not most people. Add in this increase of driver fatigue to the equation and the likelihood of a crash could increase exponentially.

Road Rage & Poor Weather Conditions

A study performed by insurer State Farm and KRC Research, questioned 1,000 U.S drivers over-18 years old. A full 64% of respondents said they experienced at least six acts of aggressive driving during the past three months.  Moreover, one-third of those drivers admitted they are more likely to be provoked to aggressive driving during the holiday season. Road rage is a symptom of today’s society where Americans are more likely to be stressed out, over-worked, short on time and money, and more likely to be depressed. During the holidays all of these issues are likely to be exacerbated so it should come as no surprise that there is a spike in the instances of holiday road aggression.  Combine holiday road rage with the poor weather conditions that can be all too common at this time of year, and you’ve got a “perfect storm” for a motor vehicle collision.

With all of the added stress on people during the holidays the last thing anyone wants to think about is a car accident, but being aware of the risk factors that are associated with holiday travel can help make your trips safer.

Keep Christmas Merry – Be Safe

Be Courteous For a season where there should be goodwill toward men, there is often a big lack of it on the roadway for the reasons given above. Make an extra effort to adhere to driving etiquette and take the “higher road” if the other driver is rude to you.  For example, if you use your directional, don’t lane-dodge.  A simple polite act may be the determining factor that impedes a car accident.

Drive Sober  Remember that one drink can impair your judgment and increase the risk of a motor vehicle accident.  If you know you are going to be drinking, do not plan on driving.  Plan ahead by designating a sober driver before the party begins or use public transportation if its available.  Call a taxi, Uber, or a friend if you must.  If you get behind the wheel of a car drunk, it may be the biggest regret of your life.

Drive Rested: If your exhausted from shopping, upset, or just plain tired, you’re more likely to drive carelessly or with aggression, so make sure to drive when you’re at your best.  If you need a pick-me-up, don’t be too caught up in the chaos of the season to indulge.  Have a cup of coffee, a desert or put some holiday music on.

If you do find yourself in a Massachusetts car accident, the attorneys at the Wright Family Law Group can help  you determine if you are entitled to compensation for your injuries.  Call us to schedule your free, no-obligation consult.

Holiday Spending and Bankruptcy: Don’t Make a Mistake ‘Yule’ Regret

Bankruptcy is never a pleasant thing to think about, and it is likely the absolute last thing you would want to think about during the holidays. In today’s frantic world, it’s so easy for time and money to be overextended and it becomes even more overwhelming for many people during the holiday season. It’s important for all of us to be responsible while using credit cards, and to use “sound financial planning” in all holiday shopping to avoid future problems. If you’re feeling the holiday pressure to “out spend” what you make or currently have credit card debt that is snowballing as the holiday season rolls along, read on.

A New Year, A Fresh Start?

It can be enticing to just give in to the pressure to do whatever it takes to get the gift-buying out of the way this time of year. Many, if not most people feel obligated to give into giving/receiving expectations and don’t want to think about the consequences. “I’ll just get Uncle Tom taken care of, then I’ll worry about the credit card bill later on in the new year…” If you find yourself adopting this thinking pattern, first, ask yourself whether or not you will even have a job next year to pay the credit card will with. Then, consider that even if you do, is it going to be worth 9 months of bills, only to succumb to the pressure again next year?

Many cash-strapped consumers erroneously believe that a chapter 7 bankruptcy filing will get rid of any charges they put on their credit cards while doing their holiday shopping. This misplaced “new years” mind set causes many people to think they will have their fresh start and be “off with the old and in with the new”, not realizing how long a bankruptcy procedure can take.

Credit Cards – Avoid Charging Gifts

If you already know, or reasonably believe that you will have to file a bankruptcy petition in the coming months, beware that your pre-bankruptcy holiday credit card spending may be risky business. Racking up debt within 90 days of the filing of a bankruptcy petition is preemptively fraudulent, and many would-be bankruptcy clients are shocked when that word surfaces during their initial consultation. “What do you mean, fraud? Me? Never!” are a few of the things people frequently say when this issue surfaces. Most people do not intend to engage in fraud, but for some, the temptation to use a credit card during the holiday shopping rush is overwhelming. These are important issues to keep in mind if you are thinking about filing a bankruptcy petition within the near future.

Cash Advances – You Better Watch Out

Like the charges on your credit card, if there are cash advances taken on a credit card within the 90 days prior to your bankruptcy filing that totals more than $600 you may be distraught to learn that it may not be dischargable. A bankruptcy trustee will not be pleased to see large sums of cash drawn against unsecured lines of credit timed right around the holiday season. Be mindful that it is considered fraudulent if the debt is incurred with the intention not to repay it and the credit card company can come in and object to those specific cash advances being discharged in your bankruptcy.

The Bottom Line

Use good judgment and do your best to to make this holiday season “cash-only”. You will never regret not digging the debt hole deeper only to find it even more difficult to later escape through a self-propelling cycle of credit card use. You may cringe at the thought of being dubbed a “Grinch” by your kids, but you will only be doing your them a favor in later life. Instead of giving into their material desires, they will see you exercising self-control and frugality, which are both good character traits to model.

If the damage has already been done, there is still hope and it is never to late for a fresh start.  If you are a Massachusetts resident, consult a qualified bankruptcy attorney to discuss your options and see what relief you may qualify for.

Helpful Tips for Co-Parenting During the Holidays

Source: Helpful Tips for Co-Parenting During the Holidays

Helpful Tips for Co-Parenting During the Holidays

Divorce is often difficult and painful but it can be even more so during the holidays. Coupled with the apprehension, if not fear, regarding the future and the outcome of pending legal proceedings, the stress of the holiday season can make even the toughest people feel emotionally, mentally and physically defeated. As the Massachusetts Family Courts have evolved to favor a joint parenting arrangement, effective co-parenting, especially during the holiday season has become even more important. Below are a few tips to consider when planning your holiday season activities and dealing with the other parent.

 

It is not uncommon for family feuds to surface during the holidays.  It is best to try to keep the peace as much as possible in order to make sure the children feel safe and happy. 

Be Gracious and Compromise

While everyone tries to get in a little extra family time during the holidays, non-custodial parents should make a special effort to take advantage of opportunities to spend extra one-on-one time with the children. It is important, however, not to put the children in the middle of a dispute about division of holiday time if one should arise. Clamoring for extra holiday time to the loss of the other parent can be a mistake if it is done out of spite and causes arguments in the presence of the children. The best interests of the children are always paramount and it is well-settled that a strong relationship with both parents (and their respective families) helps the children form and maintain relationships with their community. Consider the possibility that what you want is not necessarily what may be best for the children, and so you should be open to compromise. The most important thing is to make sure the children have the holidays as easy as possible and enjoy as much quality family time as they can. We teach children that this is the season of love, peace and joy but when they observe tensions escalate between family members it sends a very different message. When parents argue, it can make a tumultuous situation worse and poison what is supposed to the happiest time of year for children.

Schedule Ahead

If it is difficult to communicate with the other parent, it is important to be specific and to plan ahead when schedule parenting time during the holidays. More often than not holiday parenting schedules will supersede regular parenting plans so while it may seem silly to think about Christmas in July, it can save all parties involved a lot of time and aggravation when Thanksgiving has arrived and holiday time all of the sudden needs to be divided. By planning ahead you will avoid any last minute changes and will greatly decrease the likelihood of an argument in front of the children. You may need to retain the services of a parenting coordinator or a family law attorney to negotiate a fair and reasonable parenting plan if the other parent refuses to cooperate and negotiate , but this is best done months in advance.

Be Realistic and Keep The Holidays in Perspective

It is a mistake to obsess over the holidays trying to make them “perfect”. If you are in the middle of a contested divorce, do not try to put on a facade that nothing is wrong if you are struggling. It’s important to remember that it not worth hurting yourself emotionally just for the sake of keeping up appearances. Keep in mind that you are not the first (nor the last) person to go through a bitter divorce over the holidays. Also, make it a point to manage holiday expectations and be realistic about what you can and cannot do. Do not try to “out-do” the other parent by over committing yourself, breaking your shopping budget or making promises that you can’t keep. The reality is that the holidays are practically over was soon as they get started, and it serves no purpose to get overwhelmed and stressed out when tax season is right around the corner.

If you are in the middle of a divorce, remember that it is not an event like a holiday, it is a process. It can take time for re-adjustment and every family handles it differently. Go easy on yourself and do your best to enjoy the season for the joy that it can bring to others. Consider taking the focus off of your situation by volunteering or helping those less fortunate.

Insurance Company Propaganda: Don’t Be Fooled

Since the September 2011 attacks in New York City, the insurance industry has taken it upon themselves to market a campaign which has diminished and made a mockery of the personal injuries that drivers and passengers can sustain in car accidents and slip and fall claims.
The American culture is bombarded daily with insurance company misinformation and misrepresentations concerning the nature of the Massachusetts personal injury claims process and how it works. Most law abiding, tax paying citizens in Massachusetts believe that the insurance system is out of control and is an open target for abuse. They do not realize that the insurance industry has propagated this illusion in order to influence jury verdicts and foster skepticism of plaintiffs cases. As a consequence, Massachusetts personal injury lawyers in the past 15 years have learned that it can be difficult to achieve a plaintiffs verdict, even when there may be very serious injuries invloved and negligence is conclusively established. Juries tend to view personal injury claims as frivolous, and plaintiffs attorneys as “ambulance chasers” and actors in the theatre of the american courtroom instead of learned advocates for their clients. The public, by and large, seems to have developed an irrational fear of their own insurance premiums going up as a result of the claims process.

 

Dont take any chances with your personal injury claim

Most people do not realize that claims adjusters are trained to settle a claim for as little as possible and to save the insurance company money. They do not necessarily care whether or not the settlement is fair and reasonable and are not likely to empathize with a claimant. Many of their pay structures are based upon year end bonuses which reflect the amount of money that was saved in paying on the true value of a given personal injury claim. The public is also not aware that a fair percentage of these clakms adjusters are also attorneys. When injured in a Massachusetts car accident, Massachusetts slip and fall or any other Massachusetts claim involving personal injuries, it is important to retain a lawyer who has extensive experience in handling these types of claims in order to make sure your outcome is as favorable as possible.

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