Civil Criminal Litigation
We concentrate on the following types of cases.

Civil Litigation

When you come into our office for the first time with a claim, we will listen to you and evaluate your chances of a recovery that is worth your time and our effort.  If we accept the case, it will be on a contingent fee basis, which means you will owe us no fee.  This will all be spelled out in a written contingent fee agreement, a copy of which will be given to you.  Over the course of many years, we have learned that the best way to settle a matter on terms favorable to our client is to prepare the case as if we expect it will go to trial.

If the initial settlement negotiations with an insurer or opposing counsel are unsuccessful, we try to convince the other side to submit the matter to nonbinding mediation before a neutral person who will attempt to bring the parties to agree on a reasonable settlement.  Your Law Office of O'Boy &Sullivan attorney will be there to advocate for you.

In a case where the other side refuses to make a reasonable offer to settle, we will begin suit in the appropriate court.  Once suit is filed in court, we enter a discovery process during which each side can demand that the other produce certain records, answer questions under oath, and submit to depositions.  If you are deposed, your Law Office of O'Boy &Sullivan attorney will be with you every step of the way.

When discovery is complete, we usually try to convince the insurer to submit the case to binding arbitration before a retired judge who will hear the case and make findings as to who was at fault and award damages. 

Again, your Law Office of O'Boy &Sullivan attorney will be there advocating the merits of your complaint.  Should the insurer refuse to binding arbitration, then we would mark the case for trial, usually before a jury who will hear the evidence, decide who was at fault and if appropriate, award damages.

If you are sued, or in a domestic relations matter or you are seeking an order from a judge restraining the actions of another party, then we would charge a fee for our efforts.  In those cases, we will also have a written agreement and we may ask for a retainer to be credited against our work.

Criminal Cases

Criminal Cases are usually started in district court by a police complaint which may be disposed of by a plea bargain or trial by a jury of six.  Examples of these cases would be driving under the influence or assault and battery.  More serious cases are submitted to a Grand Jury, which meets in secret.  If probable cause is found, an indictment is presented to a Superior Court judge, and the accused enters a plea of not guilty.  Examples of these cases range from murder to serious, embezzlement, sexual assault and drug cases.

We will file motions to discover what the prosecution has for evidence, and if violations of the defendant’s rights are found, we will file motions to suppress evidence gained by the prosecution as the result of the violation.  If the case cannot be plea bargained, or if the client is adamant in his or her denial of guilt, we will proceed to ready the case for trial by investigation of the prosecution witnesses and zeroing in on weaknesses in the prosecution’s case.

When the case is called for trial, the jury will be chosen.  After opening statements, the prosecution will put their witnesses on first, and we will vigorously cross-examine them to bring out bias, motive to shade the truth and the opportunity to actually observe what they say they saw.  We can then, if we choose, put on witnesses of our own, bearing in mind that the defendant does not have to prove he or she is not guilty.  It is up to the prosecution to prove guilt beyond a reasonable doubt.

We get to go first in final argument followed by the prosecutor.  The judge then instructs the jury as to their responsibilities and the law they must apply to the facts as they find them. 

The jury then retires and must be unanimous in finding the defendant guilty or not guilty.  If the verdict is not guilty, that is the end of the case.  If the verdict is guilty, then it is up to the judge to sentence the defendant.  A sentence can be as low as probation or up to a term in State Prison.  We must be prepared to present the judge with factors which justify a sentence on the lowest possible level.  Examples of this are the defendant’s lack of a prior record, his or her mental status, and his or her rehabilitation. 

Fees in criminal cases can be either a flat fee for the entire case or a fee based upon actual work performed by us at a per hour rate.  The latter usually requires a retainer.  In all cases, we will prepare a written fee agreement, and you will receive a copy.

Employment Law

            Many issues may occur while employed.  Foremost, employees are entitled to compensation if injured on the job.  Worker’s Compensation benefits include payment for lost wages, relevant medical care, and payment for loss of function and certain disfigurement.  Worker’s Compensation law covers a multitude of injuries, including carpal tunnel syndrome, back and neck injuries, heart attacks, strokes, burns, emotional or mental claims, etc.  Employees are entitled to initially see a physician of their choice, not their Employers.  All Workers’ Compensation claims are litigated within the Massachusetts Department of Industrial Accidents and routinely become very complicated, with issues of causation, extent of disability, etc.  Many times vocational and medical experts are consulted, and may testify, to defend your claim.  Should your injury be a serious one, and you qualify, we would also coordinate your Worker’s Compensation claim with a claim for Social Security Disability Benefits.

If an injured worker is discriminated against due to his or her injury or disability, he or she may seek protection under both state and federal law.  Claims of discrimination must be filed with the Massachusetts Commission Against Discrimination within 300 days of the discriminatory act.  The Commission also works to eliminate discrimination on a variety of bases and areas, including age, race, handicap, retaliation, sexual harassment, maternity leave, etc.

            We have appeared before both the Department of Industrial Accidents and the Massachusetts Commission of Discrimination time and again, and will continue to fight for what our clients are entitled to.  Your initial consultation is always free and, for the most part, we are only compensated by the Worker’s Compensation Insurer should your claim be a successful one.

Domestic Relations

            One of the most difficult issues that can arise in a person’s life involves the breakdown of a marriage or other interpersonal relationship.  Law Office of O'Boy &Sullivan can help you through these difficult times.  Whether you are contemplating a divorce or have been informed by your spouse that he or she wishes to file for one, we can help.  Experience in the practice of Domestic Relations and Family Law, the Law Office is there to assist you through these difficult emotional and financial times, to answer your questions and address your concerns.

            Even after the dust has settled issues arise, and we can help you here as well.  Whether you are seeking a modification of your alimony or child support obligations/judgment, an amendment to the visitation schedule, help with expenses not envisioned in the original divorce decree, or another one of the innumerable issues that arise, we can help.  Fees in domestic relations cases are generally based upon the work done by your lawyer and a retainer is required.  Once again, the fee will be spelled out in a written agreement and you will receive a copy.

Wills, Health Care Proxies, Powers of Attorney, Etc

            Law Office of O'Boy &Sullivan lawyers also are experienced in preparing testamentary documents after carefully listening to a client’s wants and desires.  If the client needs a complex estate plan to minimize estate taxes and protect assets we generally will call in experts in trusts.

            We also are experienced in probating estates to carry out the wishes of the deceased.