Attorney Gomes can represent all interested individuals in a construction project including: property owners, developers, general contractors, sub-contractors, architects, engineers, suppliers, and lenders. The legal services provided for this industry include: pre-development planning and contracting, zoning and regulatory permitting, contract bidding, construction litigation, payment collection, and the creation and enforcement of mechanics’ liens. 

Contact the office today to arrange for a consultation with a construction law attorney to evaluate your legal rights, discuss your concerns, and plan for your protection. (508) 901-9120.

Chapter 93A creates civil liability against “businesses” that operate or threaten to act in an unfair and deceptive manner. The general standard for deceptive acts or practices is if the business person’s conduct could reasonably be found to have caused a person to act differently from the way he otherwise would have acted. Generally, people would act differently and not go through with a commercial transaction if they knew the business was lying in its advertisement or it misrepresented facts about the deal. For example, a realtor or developer may be liable for misrepresentation, fraud and violating the Consumer Protection Act for failing to disclose material facts known to them when asked by a prospective purchaser to induce a sale, such as the reoccurring presence of water in the basement or termites. Another blatant example is the active concealment of a known problem. Similarly, the standard for unfairness is whether the business person’s conduct causes substantial injury to consumers, whether it offends public policy, and whether it is immoral, unethical, oppressive or unscrupulous. The broad concept of Consumer Protection applies in many contexts including, but not limited to housing, automobile dealerships, retail pricing, guarantees, advertisement (bait and switches), financing, service contracts (home improvement/general contracting), repairs, debt collection, insurance claim management by insurance companies and landlord-tenant.

The Attorney General creates specific regulations in the Code of Massachusetts Regulations violations of which are automatic violations of the Consumer Protection Act. Courts determine whether an act or practice is in violation of the Consumer Protection Act by weighing the unconscionable nature of the conduct as well as looking to State and Federal laws and regulations.

The Consumer Protection Act incentivizes settlement of claims and deterrence of unfair acts and practices. A Plaintiff can be awarded attorneys’ fees and double or treble the amount of their actual damages in a successful 93A action. For example in a successful action, if the Plaintiff was injured in the amount of $5,000.00 and paid $2,000.00 in attorneys’ fees, the court has discretion to award $17,000.00 to the plaintiff representing $15,000.00 in trebled damages and $2,000.00 in attorneys’ fees.

Chapter 93A has specific requirements that must be met in order to achieve multiple damages. Having an attorney to assist you in establishing, negotiating, and litigating a consumer protection claim is essential. Please contact the office today to arrange for a consumer protection attorney knowledgeable in Chapter 93A to evaluate your legal rights, discuss your concerns, and plan for your protection. (508) 901-9120.

Just as our world is filled with diverse individuals business organizations are also created for different purposes depending on its specific needs. An attorney should be consulted in determining which type of entity should be formed to best suit your needs and business plan. Although it may seem straightforward to create a business organization - the underlying laws regarding creating, maintaining and eventually selling a business are often overlooked. The reason for this is simple, business owners are so busy with their business operation that it is easy to overlook the small details that really matters. It is the attorney’s job to ask the questions that are not apparent and to create the best organization for the person’s entire life, not just the first year of business. More importantly, in our world of business competition and consumer-relations it is important to appeal to your potential employees and clients. Having an attorney with knowledge of intellectual property, licensing, employment law, and contracts will assist in creating a sustainable and protected business. It is these internal and external parts of a company often overlooked which are essential to growing a strong company and brand.  

Further, it is beneficial to have an attorney available to assist with the legal aspect of operating the corporation. Commerce and business is fast-paced. The owner is generally so caught up in running the business that they just don’t have time to keep up with the non-operation aspects of running a business. The marketplace can also be treacherous and filled with potential lawsuits for violations of trade regulations, debt collection, mechanics’ liens, breach of contract, and licensing and permitting issues. Having a corporate attorney on call can guide you through these pitfalls before they occur and be there when they are unavoidable. 

A major part of the lifecycle of a business is the winding down and settling of a company. I remind my clients of the dreaded what if scenario: what if tomorrow you can’t run your business? who will take over the operations? who will make the important business decisions? is your business marketable? what is it worth? It is common today for a person’s business to be one of the largest assets of their estate. Most Americans take pride in their work ethic and their accumulation of respect and control in the given market of their business. This is normal given the time, skill and ingenuity required to create and run a successful business. An important factor to consider when creating a company is succession planning. Succession planning will give you peace of mind knowing your company will be steered in the right direction when you are unable to be in control. 

Business law is as complex as the intricacies of any given business. You master the operations of your business organization to fulfill your business purpose-whether it is making profits or promoting good. Let your attorney use his vocation for the protection of your organization’s rights, growth and success. The office goes beyond just creating a business entity and assists in creating a reliable brand name and a marketing strategy. We handle the legal aspects and connect you with the correct professionals from our network to help you grow. The true question is which entity will work best for you and your market. We also provide legal consulting services for the upkeep of your organizations.

 Please contact the office today to arrange for a consultation with a corporate and business law attorney to evaluate your legal rights, discuss your ideas, and plan for your protection. (508) 901-9120.

A proactive approach is recommended so you and your loved ones avoid the consequences of being charged with a crime. This office can assist you at all stages of a criminal matter from preliminary investigations and surrender hearings to trial and appeal. We use our legal knowledge and experience to create the best approach to resolve your criminal case. If you are charged with a crime we can also represent you in formally requesting your criminal record to be sealed. Hiring a criminal defense attorney is your best defense no matter which stage of the criminal justice system you are facing. This office understands the distress caused by the criminal justice system and is ready to guide you through the process. 

The criminal matters this office handles include, but are not limited to drug charges, juvenile crimes, leaving the scene of property damage (hit and runs), weapon charges, motor vehicle offenses including operating under the influence, assault and battery, larceny and theft crimes, restraining orders, attempt, forgery, embezzlement, and drawing fraudulent checks.  

Please contact the office today to arrange for a consultation with a criminal defense attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and plan for your defense. (508) 901-9120.

Employment discrimination law protects people from discrimination on the basis of race, color, religion, national origin, sex (including pregnancy), gender identity, sexual orientation, disability, ancestry, marital status, genetics, age, military status, and handicap. These statuses are considered protected classes and discrimination because you are within a protected class is unlawful. 

Generally, employers may not discriminate in the terms and conditions of employment including, but not limited to: hours of work, pay, benefits, access to training, and the general conditions of the work done. It is unlawful for employers to discriminate when hiring, promoting, terminating, and transferring employees such as discriminatory practices in assignment of work and discharges. A powerful protection for employees is indirect discrimination which leads to the employee resigning or quitting. An employee who is forced to quit is considered a constructive discharge and may be actionable. Constructive discharge occurs when “working conditions are so intolerable that a reasonable person would have felt compelled to resign.” Anderson v. United Parcel Servs., 32 Mass. Discrim. L. Rptr. 45, 51-52 (2010).  

Attorney Gomes can represent you before the Massachusetts Commission Against Discrimination (MCAD), the United States Equal Employment Opportunity Commission (EEOC), and in state and federal courts. Persons who have incurred adverse treatment based on who they are as a person are victims and are entitled to retribution. Contact an Employment and Discrimination Attorney to obtain the justice you deserve. The time limits that you have to file your case may be short so do not delay as it may prejudice your rights to bring an action.

 Please contact our office today to arrange for a consultation with a Massachusetts Employment and Discrimination law attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and plan to protect legal rights. (508) 901-9120.

Environment laws are administered by environmental agencies at the local, state and federal level for the protection of the public health, safety, welfare, and morals. The agencies include the U.S. Environmental Protection Agency, Massachusetts Department of Environmental Protection Agency, and the local conservation committee, planning board and board of health.

Said agencies acting upon this “police power” have the ability to enforce the environmental laws through criminal prosecution and civil actions such as injunctions and fines. Most of the Massachusetts regulations authorizing civil penalties for environmental laws are a $25,000.00 per day violation. Further, the criminal penalties authorize imprisonment and substantial fines. 

This office assists clients at all stages of environmental enforcement matters and highly recommends preliminary consultation for compliance rather than damage control defense. The best time to hire an attorney is before any issues arise to ensure compliance with the law. The low cost of a consultation is peanuts compared to the possibility of fines and criminal penalties. The old adage of “ask for forgiveness later rather than permission” is a fool’s misplaced confidence in the world of environmental law. A preliminary consultation with an attorney is highly recommended before property is purchased or any work is conducted. If you receive a letter of non-compliance from an environmental agency your first call should be your attorney. How you react and respond will have far-reaching impact on your relationship and interaction with the agency.  

We can represent clients before local boards for land use planning, zoning, subdivision, and wetlands permitting. Our network of related professionals including engineers, architects, surveyors, environmental auditors, geologists, and botanists are always willing to assist in the process and accessing the proper professional will save you time and money. We will advocate on your behalf to obtain special permits, variances, and satisfactory site plan and subdivision approval.  

We also represent clients in enforcing environmental laws such as contamination on private property and private nuisances against neighbors who substantially interfere with a person’s use and enjoyment of their land. Examples include oil-spills, excessive vibration, blasting, trespass, noise, odor, certain farming operations, actions taken to specifically irritate others, and unaesthetic conditions.

Another aspect of environmental law we advise clients on is the ability to save money on taxation. Individuals who own large tracts of land or property they do not wish to use can preserve the property while gaining tax benefits through charitable gifts and conservation restrictions. Massachusetts offers conservation restrictions for preservation, agricultural, historic and watershed purposes. This area of environmental tax benefits is complex and an attorney should be contacted.    

 Please contact the office today to arrange for a consultation with a Massachusetts environmental law attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and plan to protect legal rights. (508) 901-9120.

Attorney Nicholas Gomes represents Massachusetts clients with family law issues including separation and divorce, child visitation and custody, modification of child custody and visitation orders, adoption, paternity, grand-parent visitation rights, mediation, pre-marital agreements, marital agreements, unmarried partner cohabitation agreements, domestic violence, 209A restraining orders, estate planning specifically for second marriages, and assisting same-sex partners.    

Please contact the office today to arrange for a consultation with a family law attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and plan to protect your family unit. 

The primary takeaway from landlord-tenant law is that renting offers a person one of the most fundamental necessities of life- shelter. The importance of shelter cannot be debated as it is the place we all call home and know it as the heart-warming destination waiting for us after a long day. Massachusetts recognizes this importance and has created laws setting forth duties and responsibilities for both the landlord and the tenant. This importance requires both landlords and tenants to have an attorney they can rely on to guide them through the myriad of laws governing landlord-tenant. A landlord-tenant attorney can ensure the landlord and tenant are following the law and that their rights are protected. A successful landlord-tenant relationship requires commitment from both parties.  

Many individuals desire to supplement their income by purchasing “investment property” and then become distraught after an experience with a bad tenant. The same goes for the many tenants who have had landlords terrorized their lives and were evicted for wrongful causes. The time to consult with an attorney is before a landlord decides to rent or before a tenant decides to pay rent. The creation of a successful “tenancy”-the landlord-tenant relationship, requires the assistance of an attorney. First, an attorney should draft the tenancy agreement to make sure it is fair and enforceable at law. Second, an attorney should ensure the landlord is following all laws controlling the duties and responsibilities of a landlord. After all, the landlord is in the position to lose out the most for failing to comply with the law.   

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As an attorney for landlords, I offer a comprehensive consulting package which includes my personal tenancy agreement and consultation on how to comply with the law and operate a successful investment property. The purpose of this consultation is to prevent problems from arising in the landlord-tenant relationship and to maximize the protection of your property and legal rights as a landlord. This package includes certain non-legal aspects that are commonly overlooked by new landlords and are learned over time from trial and error. The goal of this package is to provide landlords all of the information required so they can eventually become self-sustaining landlords. I also represent landlords through all aspects of the eviction process. I have experience evicting tenants for cause, no cause, and criminal activity. Although each eviction goes through the “summary process” each is different in approach and the law must be followed. Landlord-tenant disputes are very fact specific and the law must be followed in all aspects or else the matter can be dismissed. Please contact the office today to arrange for a consultation with a landlord-tenant attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and protect your property. (508) 901-9120.

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As an attorney for tenants, I offer consulting services to ensure they are entering into a valid lease agreement and their rights are not being compromised. A landlord MUST take certain actions to correctly create a tenancy and any violations should be addressed at the beginning of the tenancy.  Tenants have the right to the safe and sanitary use and enjoyment of the premises. The rights afforded tenants are voluminous and I will only touch upon them here. The bottom line is that a tenant should seek my low-cost consulting services to ensure their tenancy is copacetic and their landlord is not taking advantage of them. I understand tenants are at a huge disadvantage and some landlords attempt to bully their tenants. I aver to you to not be afraid and go at it alone- hire a caring attorney who will make sure your rights are followed from day one. The first rule of landlord-tenant is the tenant has exclusive control of the premises, therefore, the landlord should not enter the premises with his spare key whenever he desires as a surprise way to check up on you. Second, a landlord is only allowed to charge you at the beginning of your tenancy for first and last month’s rent, a security deposit equal to one month’s rent, and the cost of purchasing and installing a new lock and key. Any additional charges are suspect and you should consult with an attorney. Third, upon the commencement of the tenancy, the landlord should give the tenant a receipt outlining the payment of the last month’s rent and the security deposit which remains the property of the tenant until they are properly applied to the landlord. If a receipt is not given after thirty (30) days, be aware as this is a strong indication that the landlord is not following the law. Lastly and most importantly, the tenant has the right to a safe and habitable place to live. The Massachusetts Sanitary Code and Building Code offer protection to tenants if their rental units do not conform. If there are any major issues with your premises then you should contact an attorney immediately. Please look to my blog, the Legal Eagle, for further information specifically on landlord-tenant issues. Please contact the office today to arrange for a consultation with a landlord-tenant attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and protect your interests.

A municipal attorney may also represent you in civil litigation matters against the government. Although governments create laws they must still follow the law. In Massachusetts the procedure and degree to which the local and state governments are liable for its actions are determined under the Massachusetts Torts Claims Act. G.L. c. 258, § 4. The Act requires certain presentment of claims before an action may be brought to court. Failure to follow the Act may result in prejudicing your right to bring a claim. This is a complex area of the law and an attorney should be consulted.

 Please contact the office today to arrange for a consultation with a Massachusetts municipal law attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and protect your interests. 

Any injury is substantial to that person and they deserve the treatment necessary to make them whole. An injured individual should not have to worry about whether or not they can afford the cost of the medical treatment they require. Even the slightest injury may have profound effects on a person’s life and their ability to conduct their daily routines. Often the injury also has negative impacts on the person’s family members. This office offers a compassionate representation of individuals and their loved ones whose lives have been altered by personal injury and wrongful death no matter how it was caused. Our philosophy is that every client’s story is unique and their case deserves the personal attention required to comfort them in this distressing time while vindicating their injuries. 

My focus as a personal injury attorney is to understand my client’s predicament and pain and apply that information to obtain their rightful compensation. A victim of personal injury suffers more than just physical pain and often endures emotional pain caused by stress, loss of work, and a sense of hopelessness. Our office fills this void with hope in the form of our zealous and persistent representation. Hope that the victim can obtain the necessary medical treatment to mend them physically as well as the hope of compensation for their family’s troubles. Our office holds negligent parties accountable for the damage they cause to our client’s lives. We seek full compensation for our clients including medical expenses, lost earnings from absence at work, loss of enjoyment in the pleasures of life such as spousal companionship and the inability to care for children, pain and suffering, emotional distress, and permanent injuries such as disability and scarring.

Personal injury actions are often difficult to prove because they are very fact dependent and often the decision comes down to the jury. As a personal injury attorney, I am able to represent your interest and make sure the jury understands the right story and how the defendant is liable for causing your injuries. Personal injury law is inevitably intertwined with insurance law. Insurance companies will attempt to take advantage of your circumstances. Don’t enter into any agreements with the insurance company or accept any money without first contacting me to fully understand what insurance coverage is available and what you deserve.  Lastly, time is of the essence in personal injury actions. If the action is not brought within the statute of limitations imposed by law it may be barred from recovery forever. Don’t take risks, please contact the office today to arrange for a consultation with a personal injury attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and protect your interests. 

Massachusetts has one of the most comprehensive collections of laws regarding property because private ownership of real property in North America began in the Massachusetts Bay Colony. Modern-day Plymouth and Boston were some of the first areas to begin using a recorded land registry system. The creation of an orderly system for keeping track of land records allowed the enforcement of property rights and the creation of Massachusetts's rich history of case law regarding property. 

Attorney Nicholas Gomes can advise and represent you on all real property matters including deed drafting; title searching; full real estate conveyancing for buyers and sellers; zoning board of appeals appearances; subdividing property and private mortgage, lease, and sale contract drafting. Attorney Gomes will represent you in enforcing and defending your property rights in litigation including trespass, eminent domain, boundary line disputes, adverse possession claims, and easements.

We represent clients before local boards for land use planning, zoning, subdivision, non-zoning control, and wetlands permitting. Our network of related professionals including engineers, architects, surveyors, environmental auditors, geologists, and botanists are always willing to assist in the process, and accessing the proper professional will save you time and money. We will advocate on your behalf to obtain special permits, variances, and satisfactory site plan and subdivision approval.  

We also represent client’s enforce environmental laws such as contamination on private property such as oil-spills and private nuisances against neighbors who substantially interfere with a person’s use and enjoyment of their land. Examples include excessive vibration, blasting, trespass, noise, odor, and certain farming operations, actions taken to specifically irritate, as well as unaesthetic conditions.

Another aspect of real property law we advise clients on is the ability to save money on taxation. Some individuals may be eligible for tax exemptions based on statutory status. Individuals who own large tracts of land or property they do not wish to use can preserve the property while gaining tax benefits through charitable gifts and conservation restrictions. Massachusetts offers conservation restrictions for preservation, agricultural, historic, and watershed purposes. This area of environmental tax benefits is complex and an attorney should be contacted.    

Please contact the office today to arrange for a consultation with a Massachusetts real property law and conveyancing attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and protect your interests. 

Importantly, an injury is broadly defined as “any lesion or change in any part of the body that produces harm, pain or lessened facility of the natural use of any bodily activity or capability.” Therefore, the definition of injury under the law is not limited to a specific accident causing injury but is broad enough to include: a series of incidents at work causing injury; emotional and mental injury; exacerbated pre-existing injuries; bodily injury; and any identifiable condition that is not common and necessary to most occupations. For example, an ankle “wear and tear” injury from constant walking may not be a compensable injury.  On the other hand, an ankle injury caused by the employer’s failure to provide a ladder causing an employee to constantly jump into a hole may be compensable.     

Although Workers’ Compensation may seem straightforward it is highly advisable to have an attorney represent you through the process. Our office zealously represents injured workers to ensure they get the compensation they deserve. Further, we represent our workers’ compensation clients on a contingency basis so our clients are not billed for legal fees until the matter is successfully completed. Only when you get paid is when we will get paid. 

This office works hard to obtain you the maximum workers’ compensation benefit that you deserve. You put in your time and effort working your whole life to support your family. The least you can expect is to have compensation available when you are injured and unable to work at the same capacity as you once did. Whether you are completely disabled, partially disabled, scarred and disfigured, or unable to perform the same job, we will find a solution for you.  

No one wants to be out of work- and most people don’t want to file a workers’ compensation action out of either (1) fear of retaliation from their boss, or (2) to create financial hardship for their boss. Most residents of Massachusetts are loyal to their bosses and this is a good thing. Loyalty and ignorance are completely different. First, it is against the law for your boss to retaliate against you for filing a workers’ compensation action. Second, the workers’ compensation carrier will be the payor of your benefits. Filing a workers’ compensation is not a cowardly move, if you are injured you need the necessary treatment and the financial compensation to make you whole. Do not make the mistake of trying to put off and cope with a work-related injury. You may injure yourself even further. Also, there is a statute of limitations that may bar your ability to recover. Remember, your injuries may cause you pain and hardship, but they also affect your loved ones who are pained to see your suffering. If you are injured at work make the right choice. Please contact the office today to arrange for a consultation with a workers’ compensation attorney to evaluate your legal rights, analyze your legal case, discuss your concerns, and protect your interests.