Murray Judicial Complex
Practice Areas

Civil Litigation
Civil litigation includes any matter, usually a dispute between two or more persons or entities, that may be resolved in court, either through a trial before a judge or jury or some other hearing where the judge makes a binding disposition. We have successfully handled a wide variety of civil matters ranging from personal injury cases, boundary disputes, civil rights cases (both plaintiffs and defense), and administrative appeals, which include appeals from zoning and planning boards and decisions of State agencies.

Most civil litigation matters are resolved before trial. But a favorable resolution, or settlement, often if not always depends upon laying the groundwork to take a case the full route through trial, and perhaps beyond. As a result, we prepare each case under the assumption that it will proceed to trial before a judge or jury, by conducting the necessary "discovery" to gather the facts - both pro and con - researching the law, and working up the case to present to the court through testimony and argument. No attorney wins every case, but our well-rounded, working knowledge of procedural and evidentiary rules in addition to the substantive law, coupled with our preparation of each case, affords our clients the best chance to obtain a favorable result either in court or out of court.


hand shake

Many of the civil litigation matters we handle include:

Personal Injury: These constitute physical and / or psychological injuries sustained due to someone else's neglect. The personal injury cases we handle include:
  • Auto accidents
  • Slip and falls
  • Dog bites
  • Wrongful death
  • Criminal injury compensation

Breach of Contract: This occurs when a person or entity violates a legally binding agreement. Contracts include real estate purchase and sale agreements, sale of a business, construction agreements, insurance policies, and promissory notes.

Real Estate Disputes: These include:
  • Boundary disputes
  • Breach of title warranties
  • Adverse possession and prescriptive easements
  • Right-of-way and other easement disputes
  • Liens and encumbrances
  • Partition of real estate (physical division or by sale)
  • Landlord and tenant
  • Cotenancies
  • Trespass
Landlord

Municipal Law: Disputes with municipal authorities are increasingly common and include issues relating to:
  • Zoning and planning
  • Real estate tax assessments
  • Condemnation
  • Rights and responsibilities regarding roadways
  • Educational issues

Construction Disputes: We represent homeowners, contractors, and sub-contractors in matters concerning:
  • Mechanic's liens
  • Construction contracts
  • Contractor negligence
Probate Litigation: Matters relating to care of minors, the elderly, and decedents' estates often involve the probate courts and appeals to the Superior Court. These matters include:
  • Guardianships
  • Conservatorships
  • Will contests
  • Descent and distribution of probate estates
  • Claims against estates
  • Appointment and removal of executors and administrators
Will

General Tort Litigation: "Torts" include personal injury matters, but also include cases involving property damage, such as auto accidents, and injuries to reputation and personal privacy. They also include:
  • Nuisances, public and private
  • Libel and slander
  • Slander of title
  • Invasion of privacy
Administrative Law
State and municipal agencies increasingly decide important matters that affect businesses and individuals. We typically handle administrative matters dealing with land use before zoning and planning boards, the Department of Environmental Management, and CRMC.

Appellate Practice
We often handle cases on appeal to the Rhode Island Superior Court or to the Rhode Island Supreme Court from a decision or judgment of a lower tribunal. Appellate litigation deals primarily with errors of law, both substantive and procedural.

We have briefed and / or argued over forty appeals in the Rhode Island Supreme Court, including matters referred to us by other attorneys and amicus curiae ("friend of the court") briefs for the Rhode Island Association for Justice, formerly the Rhode Island Trial Lawyers Association. Issues have ranged from personal injury matters, real estate disputes, municipal law issues such as zoning and planning, and civil rights.


Legal Research

Legal Research & Writing
A good litigator, criminal or civil, needs access to the latest legal research tools and the time to mold the facts and the law into a cogent, winning argument in a legal brief or memorandum. This involves identifying material facts, framing issues, applying the applicable law, and crafting a clear legal argument from the law and the facts of the case. It also involves anticipating and dealing with arguments from opposing parties.

We provide legal research and writing services to attorneys in Rhode Island who, due to busy schedules and time constraints, lack the time and / or resources to devote to this essential but often neglected part of the practice. We have access to the most powerful online legal research tools and database of both state and federal law, and can help with the following:


Supreme Court
  • Rule 12A statements of the case
  • Supplemental statements
  • Briefs
  • Memoranda supporting or opposing petitions for writs of certiorari or various appellate motions
Superior Court
  • Pre- and post-trial memoranda
  • Dispositive motions
  • Zoning and other administrative appeals
  • Matters on the motion calendar
Finding the time to sit down, assemble the facts, do the research, and write and edit the brief or memorandum is often difficult, if not impossible for the on-the-go litigator. We make the time, as we have found through our own experience as litigators that good, solid research and writing produces positive results for our clients.

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