There are many reasons for hiring an attorney.  The law can be complex and confusing and it may be difficult to ascertain your rights amidst the barrage of advice from well meaning friends and family. The need for a lawyer can arise out of discrimination in the workplace, modification of a child support order, personal injuries, and assistance in securing unemployment benefits among other matters. In these and other situations there are distinct advantages to having an attorney who will fight for your rights.

Imagine a woman who has been mentally and possibly physically abused for years, shaking with fear while presenting her case to the Court.  On the other side, the husband is represented by an attorney who is able to verbalize the issues without emotion and present the facts in the light most favorable to the husband.  The wife, however, may be nervous and unable to verbalize her thoughts to properly convey her story and request the relief she is seeking.  The wife wants to explain how the husband has refused to get a job, managed to isolate her from her friends, filled the house with garbage, and convinced her that he would take her children away from her if she ever tried to leave.  While the situation may appear clear that information must be clearly conveyed to the judge who will make a decision based only on the information and evidence presented.  After losing some ground in an unsuccessful initial hearing, the woman was able to borrow money from a family member and secure her own counsel.

The attorney became the voice that this woman could not find. With the help of her newly hired counsel, the parties settled out of court and the woman was able to move forward and rebuild her life and the lives of her children. A common fear among divorcing parties arises out of a misunderstanding of the law.  For example, Massachusetts is an equitable distribution state.  This means that all assets held by either party, regardless of when they were acquired, are considered to be marital property and therefore may be divided equally in the division of the estate.  This does not mean that assets will always be divided evenly down the line. Rather, the judge must look at all the property and assets as a whole before determining the proper division.

Further, it is a common mistake to believe that a mother will always be given full custody of a small child.  The Courts review many factors and decide custody based on the best interests of the child or children. A divorce matter is just one example of the importance of hiring a lawyer in a legal matter.  A lawyer can assist in many situations such as ensuring that your wishes are carried out after you pass away.  If you find that an elderly loved one is unable to continue to make their own decisions, a lawyer can to obtain the appointment of a Guardian, Conservator, Health Care Proxy or Power of Attorney to make those decisions. Attorneys can also help recover damages when an employer has wrongfully terminated an employee, sexually harassed an employee, or abused their power by failing to provide payment of wages that are owed to employees.

At Cohen Cleary, P.C., we offer experienced guidance to clients and work hard to ensure that our clients are presented with all available options in order to make informed decisions about their case.  We are always available to answer client’s questions or concerns and we work to ensure that each client receives the individualized attention that they deserve. With each case we strive to achieve our goal of handling legal matters with integrity and commitment in order to achieve the client’s desired result. We have many areas of practice and encourage you to consider the benefits of hiring counsel before deciding to handle your legal matter without the assistance of an attorney. We welcome questions from prospective clients and encourage you to contact our office today.

Written by Janna K. Saad, Esq.

Janna K. Saad, Esq.

Attorney Saad concentrates on family and probate matters and devotes herself to representing clients in divorce, custody, wills and trusts, Guardianships and Conservatorships, debt collection, and prenuptial agreements.