IPS Network Blog

Before a case is reported settled to the court, it is important to be sure that both the clients and the attorneys are aware of all terms that will ultimately be a part of the settlement agreement. In Basis Technology Corp. v. Amazon.com , Inc., 71 Mass. App. Ct. 29 (2008), the Appeals Court affirmed the lower court’s decision to enforce a settlement agreement that consisted of an e-mail exchange between counsel on the third day of a trial. Specifically, in Basis Technology Corp., the parties reported the case settled to the court based on an e-mail exchange between counsel that outlined the terms of the settlement, but contemplated drafting an actual settlement agreement. Consequently, the trial court ended the trial and issued a dismissal nisi order. Despite the e-mail and the report of settlement, the parties were unable to agree on a written settlement agreement, and the court ultimately enforced the settlement as initially agreed in the e-mail. In its decision, the court found t...

In a ruling that should be a warning to all online predators, the state's highest court has ruled that a person can be charged with enticing a minor simply by sending online messages over the Internet. Lawyers for Richard Disler had argued that his September 2005 conviction in Essex County for child enticement should be overturned because the online instant messages he exchanged with an undercover police officer posing as a 14-year-old girl were merely words. Disler's lawyers argued the law requires the suspect do more such as travel to a rendezvous. But the state Supreme Judicial Court disagreed, noting that a person can be charged with enticement, if he or she uses "words, gestures or other means" with criminal intent to induce a minor. The court ruled there is nothing in the language of the law that indicates there must be an overt act. The court also rejected other arguments claiming his free speech was violated and that this was entrapment because the girl didn...

My Network works with a few organizations that exist to deter police misconduct. One of the best known organizations is the Police Complaint Center (PCC). A former client of ours asks, “I have been the victim of police harassment in my town of xxxxxx. Every time I complain, the internal affairs department says my case has no merit! What can I do?” In small towns, an internal affairs department usually consists of one to three police officers who supposedly investigate complaints of police brutality/misconduct. They’re a waste of time and taxpayer money! Although the so called “Internal Affairs Department” has concluded that you weren’t harassed [or the victim of police brutality] does not mean you are legally prevented from bringing a cause of action against the police officer and/or the police department in a court of law. The IA report will be brought up as evidence against your lawsuit; however, you can easily persuade a jury that the IA report has been “sugarcoated” in favor of the...

A Process Server of this Network asks, " what protections do I have as a process server in Massachusetts, if any? . . . Lets say that I am pushed down a flight of stairs while serving a subpoena issued by a United States Court because a person was pissed that they got served. What laws, if any, in Massachusetts, would assist me in getting justice?" Answer: It is a violation of Federal Law to assault and/or wound a Process Server. Since Federal Law trumps State Law, I will only write about the Federal. It does not matter if you're a constable, deputy sheriff, appointed by the court to serve process (special process server), or a disinterested process server. All that matters is the following: you are serving court related process for a United States Court (subpoenas, motions, etc.); AND you are authorized by law or court rules to serve the process; AND the person who assaulted you knows, or should know, that you are a process server (this is why most process servers carr...

I was asked to describe the paralegal services I provide in the simplest way possible. Here is my brief explanation as how I see and interpret my paralegal services: The simplest explanation: I, as a paralegal, am a disinterested third party who is credible, in the eyes of the court of law, who acts as a mediator when disputes arise between two or more parties. Detailed explanation: I, as a paralegal, am a disinterested third party who is credible, in the eyes of the court of law, who acts as a mediator when disputes arise between two or more parties. I am not an attorney, although the court recognizes me as a legal professional who has very similar obligations and duties as an attorney licensed to practice law. As a paralegal I hold many different responsibilities, including, but not limited too the following: Investigator = I must ensure that the information given to me is accurate. Additionally, I must investigate every aspect of a case I am requested to service – if ...

If you're interested in purchasing a high-quality Process Server badge like the one shown below, please visit our online store . Please note that the online store is currently being edited and more products will be made available in the future. Currently you can purchase the following products: Process Server ID cards (PVC card) Process Server Badge (high quality) Notary Public ID cards (PVC card) If you have any suggestions, please send us an email . Thanks, Korey

Attention Members: Please excuse the delay in my post. I've been extremely busy lately and haven't had the time to blog. A motion was made by Troy a month or two ago about proposed changes concerning the notaries public of this Network. (Scroll down and read his proposal). Our members have voted to accept his policy change. Therefore, the old text reads (pg. 73 of the Massachusetts Notary Public & Legal Support Network's manual): "Any commissioned Massachusetts Notary Public may become a member of this Network once their status is confirmed by the Governor's Council. However, a Notary may be denied membership if their commission has any valid complaints on file with the Commonwealth. . . What constitutes a “valid” complaint will be at the discretion of the Founder. . ." and shall be changed to: "A commissioned Notary Public, pursuant to MGL c. 222 s. 1, is eligible for membership in this Network if the Notary works in the legal field and has at least ...