General Civil Law

Farrell & Smith LLP ("FS") works closely with clients in general civil matters to ensure they receive the practical guidance they need and the quality representation they deserve.  FS’ clients range from individuals and small businesses to national corporations.  The firm has hands-on experience in a wide range of matters and has represented clients in state and federal courts of Massachusetts, Connecticut, New Hampshire, Maine, Rhode Island and Vermont and other states across the nation.  The firm’s areas of civil practice are as follows:

 

Business and Corporate Law

FS represents business entities such as corporations, partnerships, and limited liability companies with all aspects of their formation, operation, and liquidation.  FS assists businesses with the drafting and implementation of asset and stock purchase agreements, and other business transaction documents, shareholder and member agreements, employment agreements and other corporate governing documents and contracts.  FS serves as outside general counsel for a variety of for-profit and not-for-profit business entities, and governmental agencies.  As a result, FS is involved in a wide array of contractual and transactional matters.  As a part of the practice, FS represents a wide variety of businesses, holding companies, landlords, tenants, and developers in the sale, purchase, leasing, financing, development and construction of personal and real property.  FS represents corporate clients in the purchase and sale of businesses.  Drawing on experience, creativity and analytical skills, FS fashions solutions that help clients achieve their objectives.

 

Contract Negotiations and Drafting

FS represents individuals, owners, businesses, developers, engineers, general contractors, subcontractors, suppliers and other professionals in negotiating and drafting contracts, private financing arrangements or other documents for various projects and/or needs.

 

Not-For-Profit Organizations

FS represents governmental and not-for-profit public interest organizations in a variety of matters including administrative hearings, hearings before legislative bodies, general business and contract law.  FS is keenly aware of the unique challenges of service organizations.  This knowledge drives FS’ mission to fight vigorously if required and to give due consideration to client's interest in minimizing litigation expenses.

 

Real Estate

FS has a wealth of experience assisting clients in the real estate arena.   FS advises clients in all aspects regarding acquisition and sale of real estate, including contract negotiations, contract preparation, due diligence and private financing arrangements.  FS represents clients in all types of real estate related litigation, in Land Court or Superior Court, including contract disputes, quiet title actions, foreclosures and other cases.  FS also represents landlords and tenants in the ongoing leasing of real property from lease negotiations, lease contracts, leasehold improvements, and lease enforcement.  The experience extends to commercial and residential properties.


Business Litigation

FS represents business clients in a variety of business litigation, such as corporate issues, shareholder and partnership liability, director and officer liability, employment issues,  business fraud and many other types of contract and/or commercial disputes.


Construction Litigation

The firm represents owners, developers, general contractors, subcontractors and other construction professionals, in counseling, litigation involving commercial and residential acquisition, development and construction.


Personal Injury and Wrongful Death

FS has the understanding and skill necessary to successfully bring or defend personal injury actions.  FS is knowledgeable in the various substantive areas of law through which personal injury actions arise, (e.g. auto accidents, premises liability or construction accidents) as well as experienced in complex medical issues such as causation and extent of injury.


Wrongful Cremation/Burial Issues

Death is never easy.  It becomes worse when a funeral home or crematorium negligently handles your loved one’s remains.  FS has successfully handled several of these situations.  Fortunately, these types of situations do not happen that often, but if it happens to you FS can help.


Appellate Practice

Appellate practice is a natural extension of litigation in all areas of practice.  FS has extensive knowledge of the rules and procedures of appellate courts.  During the appeal, there is often opportunity for further discussion of settlement.  The appellate process is a necessary component of our legal system where errors of the lower courts can be corrected, and where favorable decisions can be affirmed.  The appellate strategy is determined on a case-by-case basis and after consultation with the client.  FS argues the facts, law and public policy at oral argument in such a way as to make clear to the appellate court the wisdom of ruling in favor of the client.


Alternative Dispute Resolution

While being committed to representing clients in court, FS recognizes that many cases can be resolved prior to trial through alternative dispute resolution.  FS often successfully participates in mediation and other forms of alternative dispute resolution as a more efficient and less costly alternative to litigation.  Our partners have also been called upon by fellow attorneys to serve as mediators and arbitrators in a variety of legal matters.


Administrative Law

FS regularly represents clients before federal, state and local administrative agencies  in matters ranging from zoning to licensing.