Newsletters

In OneLaw’s March newsletter, I share a validating update from a former client, and Attorney Chiara LaPlume highlights the essential role an attorney plays in real estate conveyancing – otherwise known as buying or selling a home.  There is also a reminder that we represent clients in a whole range of student discipline matters.

Read the full March 2025 newsletter HERE.

A text version is below.

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Spring is here!

I recently received an update from a former client who had a contentious matter with their school district regarding their daughter. We resolved that matter years ago and now she is thriving in college, which was great to hear. Though we know the immediate outcome of our work, we don’t usually get this type of long-term feedback. Quite validating.

In the newsletter this month, Attorney Chiara LaPlume highlights the essential role an attorney plays in real estate conveyancing – otherwise known as buying or selling a home. There is also a reminder that we represent clients in a whole range of student discipline matters.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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CLIENT TESTIMONIAL

“Our daughter graduated from high school and is completing her second year at Wellesley College. Not bad for a student that our town said – ‘she probably won’t be able to attend or do well at college’ – and then encouraged us to think of another education path and career choice. We thank Attorney Hahn for helping to make this educational journey possible! We found him to be thoughtful, kind, an excellent listener, a tenacious advocate, and someone who cares deeply for the clients he represents and the outcomes he delivers.” – E.P. (March 2025)

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Why You Need A Real Estate Lawyer

by Chiara LaPlume, Esq.

Spring is in the air, snowdrops have sprouted, and the real estate market is buzzing. You might be wondering – how do attorneys fit into the real estate purchase and sale process.

Do I need a lawyer?

In a word, yes. The work related to the transfer of title, also known as conveyancing, is considered practicing law in Massachusetts, and must therefore be performed by a licensed attorney. This is not the case in all states. Before the title is transferred, a purchase and sale agreement is also negotiated. This, too, is considered practicing law.

More importantly, perhaps, the purchase of your home is going to be one of your largest investments. It just makes sense to hire someone to represent your interests in this process, and to anticipate roadblocks and make sure the process run smoothly and your interests are protected.

When do I hire an attorney if I am selling?

Although most of the time I hear from sellers once an offer has been signed, there are advantages to contacting a lawyer before then. These include:

* the opportunity to review the listing agreement with your real estate agent before it is signed – there are always changes;

* having the opportunity to ask questions about the process, and to assess for any possible issues – this allows a seller to have more time to correct any title issues, authority documents, etc.; and

* having time to set up the attorney-client relationship so that it does not become an emergency once the offer has been accepted, and a purchase and sales agreement needs to be generated to meet the offer’s deadlines.

When do I hire an attorney if I am buying?

On average, buyers will often look to hire an attorney once the offer is signed. Buyers who have worked with me before . . . know better.

There is some work that can be done earlier, before an offer is made. Examples include:

* reviewing the agreement to work exclusively with a buyer’s agent. The recent National Association of Realtors settlement of 2024 requires that realtors disclose what their compensation will be before they show a buyer a property. This means that (unlike in the past) you will be asked to sign an agreement for the hiring of a buyer’s real estate agent before they will take you to see listings. The format and content of these agreements is not uniform;

* a lot of clients appreciate some due diligence being done before the home inspection takes place, as learning about a property can highlight items for the home inspector to review during the inspection;

* sometimes as attorneys we can help you find a lender that will be able to close under your or the property’s specific conditions – and within your offer’s timeframes. Sometimes a seller will want the offer to contain terms that your original lender cannot work with; and

* I am sometimes asked to confirm rights or restrictions of your future home that may critical to a buyer, such as whether your puppy is allowed “as of right” in a condominium association (even if the dog weighs 100 lb), or if you can level the yard and install the pool you had planned for.

Whatever you situation, real estate transactions can feel high-pressure and fast-paced once an offer is made. OneLaw is happy to meet you where you are at, whether it’s before the offer is signed or after.

Attorney Chiara LaPlume represents OneLaw clients in a variety of residential real estate matters.

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STUDENT DISCIPLINE

Might spring fever have gotten your child in trouble at school?

We represent clients in public and private schools facing an array of disciplinary procedures, from grade reduction and detention to suspension and expulsion. There are laws about what public schools can and cannot do in disciplinary situations, and in many cases, there are due process requirements that schools must follow. We provide legal advice, preparation for, and representation at disciplinary hearings of all kinds, from elementary and secondary schools to colleges and universities.

Contact OneLaw for a consultation or representation if you or your child is facing a disciplinary matter at school.

We also answer some common questions on our website (http://one-law.us/discover-more-about-student-discipline/) .

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s February newsletter, Attorney Chris Connolly explains an interesting issue in a criminal case pending in court involving police surveillance of Snapchat resulting in the arrest of his client for improper possession of a firearm.  There is also a reminder that we represent caretakers seeking guardianships of their loved ones, whether for an adult with a disability or a minor child.

Read the full February 2025 newsletter HERE.

A text version is below.

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Tonight OneLaw will gather for dinner to celebrate an eventful 2024. We got delayed by a month due to illness but finally have the opportunity to step back from the work and reflect on our successes.

I also want to extend thanks to all our clients and collateral professionals who work with us. We consider you all part of the larger OneLaw family.

As for the newsletter this month, Attorney Chris Connolly explains an interesting issue in a criminal case pending in court involving police surveillance of Snapchat resulting in the arrest of his client for improper possession of a firearm. He is seeking to suppress evidence, arguing the police actions were unconstitutional, hopefully leading to a dismissal or a better case for trial.

There is also a reminder below that we represent caretakers seeking guardianships of their loved ones, whether for an adult with a disability or a minor child. One common scenario we deal with is a child with a qualifying disability approaching 18 years old whose parents may need to petition for guardianship to be able to make educational, medical, and/or financial decisions once that person becomes a legal adult.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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From the Courtroom: Police Surveillance of Snapchat and a Questionable Arrest for Gun Possession

by Chris Connolly, Esq.

One issue I am litigating right now is in a criminal matter charging improper possession of a firearm and involving social media surveillance by the police. We are scheduled for a motion to suppress hearing, which is a stage in litigation prior to trial that involves the defendant and the prosecution calling witnesses in an evidentiary hearing to determine if the police or another government actor violated the constitutional rights of the defendant and if so, whether the evidence should be ‘suppressed’ or withheld from evidence at trial. Sometimes if the defendant wins the motion to suppress hearing, the decision is dispositive and results in a dismissal. Even if the defendant does not beat the case with a successful motion, the prosecution’s case for trial would be limited and more favorable for the defendant.

My client is accused of having possession of a firearm without a license to carry while he was in an Escalade filled with other passengers. There’s a mandatory minimum sentence to serve. The stakes are rather high for this young man.

The police force in this matter have infiltrated a lot of people’s social media including Snapchat without the users knowing the joined account is administered by a cop. They have focused on young people’s accounts and usually people of color. Often, the police have portrayed themselves as someone else including as a woman (when the officer was a man) so the user of the social media would not know they were being followed by a police officer. In this case, the police believed that someone in an Escalade had a gun based on recently posted Snapchat images which resembled a gun. The police decided to pull over the Escalade although they were not sure who owned the social media account. My client had not been in any image from this Snapchat account, but he was caught up in the assumptions the police made. The police ordered everyone to get out, searched a backpack they say was near my client, and found a firearm.

The social media surveillance and the conclusions the police drew on that day were problematic for the reasons that will be litigated, implicating the constitutional right against unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article XIV of the Massachusetts Declaration of Rights. For example, defendants have the right in some circumstances to stay in their car when they are pulled over by the police and to be free from pat downs. See Commonwealth v. Torres-Pagan, 484 Mass. 34 (2020). In addition, the Supreme Judicial Court has addressed when particularly egregious incidents of police surveillance of media accounts may be suppressed. See Commonwealth v. Carrasquillo, 489 Mass. 107 (2022).

There is a clear lesson for people in this case, particularly youth. Be careful of what you and your friends post online. Assume what’s happening online is public even if the functions of the account include privacy settings. Remember that nothing posted online can really ever be completely lost or destroyed. And even if the image is actually something else, if some people believe what you’re posting online is illegal or dangerous, you or your friends could get in trouble. Never post something that could be seen as illegal or something about a fight or linking you to crime scene.

If you have a criminal case or related question and would like representation, please contact us.

Attorney Chris Connolly represents OneLaw clients in a variety of practice areas, including education, criminal, juvenile, civil rights, disability, and related matters.

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GUARDIANSHIP

Adults with disabilities may need a court-appointed guardian if they are not able to make basic legal decisions for themselves, including financial, medical, and educational decisions.

OneLaw works with parents and other caretakers interested in seeking guardianship over any adult who qualifies. This includes planning in advance for children who are about to turn 18.

We also work with caretakers who seek guardianship of a minor if that child’s parents are unable to care for the child.

Contact OneLaw for a consultation if are considering guardianship of a loved one.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s January newsletter, Attorney Beth Herr reviews legal considerations for same sex parents in light of the new presidential administration and what can be done to safeguard custodial and decision-making rights for their children.

Read the full January 2025 newsletter HERE.

A text version is below.

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Is it really 2025?

Welcome to the new year, and the next quarter century!

In our newsletter this month, Attorney Beth Herr reviews legal considerations for same sex parents in light of the new presidential administration and what can be done to safeguard custodial and decision-making rights for their children.

Attorney Herr is our expert in family law. Attorney Holly Vietzke can help with any estate planning that needs to be addressed as well.

And did you know we also represent clients in consumer protection matters? Connect with us if you’ve encountered a Massachusetts business that engaged in unfair or deceptive business practices.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Legal Protections for Same Sex Families in an Uncertain Time

by Beth S. Herr, Esq.

It’s understandable if you are anxious, worried, or scared under the new administration about same sex marriage, same sex couples’ rights to their children, and LGBTQ rights.

Let us focus on married same sex parents and unmarried same sex parents for a moment. Since the election, I have had many clients call me asking what they should do to protect their parental rights.

Here are some of their concerns:

If we are married and we are both on the birth certificate, are both of our rights protected?

It is my recommendation that the non-biological parent should adopt the parties’ child(ren) even if they are on the birth certificate. Adoption provides more protection for both parents. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

If we are not married but have co-parented our child(ren) but the non-biological partner has not adopted the child(ren), are both of our rights protected?

This question raises a serious but common issue, which is not impossible to circumnavigate. My recommendation is that the non-biological partner immediately adopt the parties’ child(ren) to provide them with legal acknowledgement that they are their child(ren)’s parent. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

Whether married or unmarried, if one person in a same sex marriage has adopted the child(ren) but the co-parent of the child(ren) has not adopted the child(ren), are both our rights protected?

The adoptive parent has much more protection than the non-adoptive parent. I recommend that the parent who did not adopt the child(ren) do so as soon as possible. I do not recommend traveling outside of Massachusetts with your child(ren) until the adoption takes place.

If we used a surrogate to have our child(ren), are both of our rights protected?

If the surrogate signed over her parental rights but the couple never adopted their child(ren) or only one of the parents adopted the child, I recommend immediately that both parents adopt the child(ren).

In addition to the above questions, I also strongly recommend that everyone have health care proxies and powers of attorney and that same sex parents include their children in their documents to enable both parents to have the legal right to make health care and other decisions for their children.

An interesting thing that is also taking place is that several of my clients’ adult children have requested to be adopted by their non-biological parent to legalize their relationship with that parent. People seem to feel insulated living in Massachusetts. Right now, that sense of protection is reasonable, however we do not know what the future holds. If you have questions or concerns or need legal assistance, please feel free to contact us.

At OneLaw, Attorney Beth S. Herr specializes in family law, guardianship, and child welfare matters.

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CONSUMER PROTECTION LAW

Massachusetts General Laws Chapter 93A is the Consumer Protection Law that provides a legal action against businesses that engage in unfair and deceptive business practices.

The law allows a customer to recover actual financial damages, or two to three times that amount if the unfair or deceptive practices were knowing or willful. You can also recover attorney’s fees.

There is a notice requirement. At least 30 days before going to court, you must send a letter to the business informing them of the injury suffered, the unfair or deceptive business practices, and your requested relief (i.e. financial amount).

Contact OneLaw for a consultation if you’ve lost money to a business that’s been unfair or deceptive to you.

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OneLaw specializes in education, estate planning, residential real estate, civil rights, family law, criminal and victim rights, discrimination, special needs, guardianship, consumer protection, juvenile and child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s November newsletter, I discuss transition planning in special education law.

Read the full November 2024 newsletter HERE.

A text version is below.

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Thanksgiving is one of my favorite times of the year. A few days off with family, friends, good food, and a nap. I hope you get a moment to relax.

OneLaw recently welcomed Alyssa Vachon Daigneault. Attorney Daigneault will focus on education law for the firm. She is a teacher turned lawyer.

In our newsletter this month, I discuss transition planning in special education law.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Special Education Transition Planning

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., requires public schools to provide students with disabilities a free appropriate public education (“FAPE”) that includes special education and related services as described in an individualized education program (“IEP”), including transition planning for older students to develop skills to promote success with identified post-secondary goals.

In enacting IDEA, the United States Congress stated in 20 U.S.C. § 1400 that “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.” One stated purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education . . . designed to meet their unique needs and prepare them for further education, employment, and independent living . . . .”

In Massachusetts, “[b]eginning age 14 or sooner if determined appropriate by an individualized education program team, school age children with disabilities shall be entitled to transition services and measurable postsecondary goals”. M.G.L. c. 71B, § 2. “The school district shall ensure that options are available for older students, particularly those eligible students of ages 18 through 21 years. Such options shall include continuing education; developing skills to access community services; developing independent living skills; developing skills for self-management of medical needs; and developing skills necessary for seeking, obtaining, and maintaining jobs.” 603 C.M.R. 28.06(4).

Under IDEA, the IEP must include “the transition services (including courses of study) needed to assist the child in reaching those goals” in the IEP. “The term ‘transition services’ means a coordinated set of activities for a child with a disability that—(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and (C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.”

As you can see, transition planning is supposed to be comprehensive for special education students so they are prepared for further education, employment, and independent living.

Schools should be doing transition evaluations and incorporating transition planning into the IEP. Private assessments can also be helpful.

Make sure the special education Team is addressing the transition plan early enough so the student can develop the necessary skills while still eligible for special education.

Attorney Peter A. Hahn specializes in representing families in a range of education matters, including special education, as well as related practice areas.

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ALYSSA VACHON DAIGNEAULT

Alyssa Vachon Daigneault is now Of Counsel to OneLaw with a focus in education law.

Alyssa originally graduated from the University of New Hampshire – Durham in 1997 with a Bachelor’s degree in chemistry.

She spent the first part of her career in the petrochemical industry. In 2000, she transitioned to high school education and spent 21 years teaching chemistry and engineering in Newton and Winthrop, Massachusetts. In 2012, she earned her Master’s degree in educational leadership at Simmons College and spent five years and the Science Department head at Winthrop High School.

Now Alyssa is in the field of law. In 2024, she graduated from the New England Law school in Boston.

Outside of work, Alyssa spends time with her husband, eight sons, and their dog Nina. Her hobbies include yoga, skiing, hiking, reading, and enjoying nature.

Alyssa is admitted to practice law in Massachusetts.

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Happy Thanksgiving from OneLaw!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s October newsletter, Attorney Chiara LaPlume discusses residential real estate updates.

Read the full October 2024 newsletter HERE.

A text version is below.

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The weather is unpredictable but at least we are still able to enjoy leaves changing color, apple picking, and Halloween!

In our newsletter this month, Attorney Chiara LaPlume checks in with updates from the world of residential real estate.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Updates from the World of Real Estate

by Chiara LaPlume, Esq.

Rate Cuts: What do they mean for mortgage rates?

On September 18, 2024, the Federal Reserve announced a deep rate cut of 0.5%. To over-simplify, the Fed sets the interest rate at which the Fed lends money to banks. The banks then in turn lend that money to us – with a markup. When the Fed rate changes, we see a direct impact on variable rate loans, such as credit card rates, home equity line of credits where the rate changes monthly, and the interest that we earn on our savings account. But what about mortgage rates? Since mortgages are usually repaid on average in about eight years (through either the sale of the home, refinance, or borrower payoff), there is no direct link between the Fed rate changes and mortgage interest rate changes. Historically, the closest correlation for mortgage rates in the market is the 10 year U.S. Treasury bond. Make no mistake, mortgage rates have decreased following the Fed’s rate cut announcement, even if the two rates are not directly linked. If you are wondering if it might be time to refinance your existing mortgage, reach out to your loan officer and request both a quote for a new mortgage rate and estimated closing costs to refinance. Your closing costs will effectively be your cost to lower your rate. Should you choose to refinance your mortgage, you can often choose the law office to handle your refinance, even if your loan officer does not volunteer that you have a choice. Please consider requesting that your lender assign OneLaw to handle your closing – we would love to help you!

Real Estate Agent Commission Update

The National Association of Realtors settlement went into effect on September 16, 2024, so that now the commission fee offered by a seller to a buyer’s real estate agent is not published on the MLS listing system. As a seller, you can expect a discussion of whether or how much you may wish to compensate a buyer’s agent as you put together your listing agreement with your listing agent. (The choice was always there, but you may have more questions to evaluate your options.) As a buyer, you can expect a buyer’s agent to ask that you sign an agreement clarifying how you expect the agent who is helping you to be paid. If you are not asked to sign an agreement when you begin working with a buyer’s agent, you will certainly be asked to sign an agreement before viewing a property. Are real estate agent commissions worth it? To summarize, yes. Professionals who have the expertise to help you through a stressful and costly transaction are a good investment. You can feel free to openly discuss with your agent how much they will be paid, what services you can expect for their fee, and how that payment is going to be structured. If you have any questions, or would like help in reviewing a listing agreement or buyer’s agreement, feel free to reach out to us.

Spooky Fun Fact for Halloween

In Massachusetts, there is a law stating that real estate brokers and sellers are under no legal obligation to disclose that a property for sale is a haunted house. Or, to put it in legal terns, that “the real property has been the site of an alleged parapsychological or supernatural phenomenon.” M.G.L. Chapter 93, Section 114.

Attorney Chiara LaPlume represents clients in residential real estate matters for OneLaw. She is also a title agent.

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Time to update your estate plan? Have you been meaning to draft your will? In need of a health care proxy or power of attorney? Or a trust to manage your assets or for someone with special needs? Contact OneLaw for a consultation.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

In OneLaw’s September newsletter, Attorney Chris Connolly discusses a recent success in a criminal case with a Motion to Suppress, and Attorney Peter Hahn reviews what happens when a school attempts to graduate a student who is not receiving a free appropriate public education.

Read the full September 2024 newsletter HERE.

A text version is below.

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Back to school is in full swing with beautiful weather to cap off the summer. The Red Sox are hanging on, the Patriots won their first game, and the Celtics and Bruins will be playing as soon as you know it. This month Attorney Chris Connolly writes about a recent success in a criminal case where he won a Motion to Suppress. I take a look at an interesting piece of special education law – what happens when a school attempts to graduate a student but the student is not receiving a free appropriate public education. OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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Special Education & Graduation

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities special education until their 22nd birthday or until they graduate from high school with a regular diploma. In Massachusetts, graduating with a diploma typically means achieving the competency determination standard by passing MCAS requirements and meeting local graduation requirements as established by the school district. The United States Supreme Court has made clear that IDEA compels school districts to provide special education students a free appropriate public education (FAPE) with an appropriately ambitious and challenging IEP reasonably calculated to allow the student to make progress in light of the child’s circumstances. There can be times when school districts say a student has graduated and therefore is no longer entitled to special education, but parents disagree and reject such termination and refuse to accept the issuance of a diploma, such as if their child is not making progress on goals, their need for transition services is significant, or there is a denial of FAPE. The Massachusetts Department of Elementary and Secondary encourages school districts and families to work out the disagreement, either through the Team process or by way of a dispute resolution process such as mediation. Ultimately, if the parties cannot come to an agreement on how to move forward, a parent or school can file a due process complaint and request for hearing at the Bureau of Special Education Appeals seeking a legal decision from a hearing officer regarding the status of the student and school district.

Peter A. Hahn is the Founder and Principal Attorney of OneLaw.

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A Winning Motion to Suppress

by Chris Connolly, Esq.

I recently prevailed to suppress all evidence against my client obtained via a police search and seizure of his car and person during a roadway stop. In most instances, if the police have violated the constitutional rights of a defendant, the evidence obtained as a direct result of the violation by police is suppressed, which means the evidence cannot be used at trial against the defendant. If evidence is suppressed, this can result in a dismissal of charges or more favorable conditions at trial for a defendant. There are two common issues a defendant usually raises to suppress evidence. A defendant can challenge a search and seizure as unreasonable and argue that his privacy rights were violated. You most commonly hear about this issue when someone talks about their Fourth Amendment rights like the requirement for the police to get a warrant. Searches conducted in the absence of a warrant are presumed to be unreasonable and the government has the burden to persuade a judge otherwise. Another issue is Equal Protection. This is a right of a defendant to be treated fairly and without discrimination by police and other government actors. If a client is targeted at least in part on the basis of a protected class in Massachusetts like race or sexuality, even if by implicit bias by the police, the evidence obtained by the search should be excluded. This can be a difficult issue to litigate, but is most commonly demonstrated by the use of statistics showing disparate treatment by the specific officer as well as inferences from the search itself to force the Commonwealth to try to rebut the inferences of discrimination. I raised in my recent successful case that the evidence against my client should be suppressed due to an unreasonable search and seizure. The state trooper alleged that my client, who spoke no English, committed several traffic infractions, which we challenged. Police have the right to make an inquiry and interact with a motorist if they see a traffic violation or have reasonable suspicion of a traffic violation, but not if they are acting on a hunch or have insufficient evidence to make the stop. I also challenged the stop for an impermissible exit order from the vehicle. Unlike in federal constitutional rights, drivers and passengers in Massachusetts law have the right to be free from an order to leave a seized vehicle absent a few exceptions including: police are warranted in the belief that the safety of the officers or others is threatened; police have reasonable suspicion of criminal activity and the exit order is proportional to privacy concerns of the defendant to investigate the suspicion; or police are conducting a search of the vehicle on other grounds such as probable cause to search. Simply because the police have made a valid stop and exit order does not necessarily mean the police can search the person or car. The police need even greater evidence support that the police are in danger or that there is evidence of a crime to search you or your car. At each step in the process of the police’s search and seizure, the police actions must follow the law. At OneLaw, we zealously represent our clients, make sure the law is followed, and fight for the best outcome possible.

Attorney Chris Connolly represents clients in education, criminal, juvenile, and civil rights matters for OneLaw.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.

OneLaw’s July newsletter reviews types of fee arrangements.

Read the full July 2024 newsletter HERE.

The text version is below:

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Summer is now here and there is no denying the heat!

Here at OneLaw, we went out to lunch recently, and I was reminded how important it is to take a break, whether at work or at home, with colleagues, friends, family, or simply yourself. I hope you are able to do that sometime soon.

In case you have a legal matter that will not wait, regardless of the season or weather, we are still here and have you covered. If you are looking to buy or sell a home, Attorney Chiara LaPlume can help you out. If you have an estate planning matter, Attorney Holly Vietzke is available. Attorney Chris Connolly represents clients in criminal, abuse and harassment prevention order, and juvenile cases in addition to school matters. Attorney Beth Herr covers family law and guardianships. My focus is on education law but I also work with clients in a range of matters supporting children and families.

As you can see, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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MASSACHUSETTS DISTRICT COURT & JUVENILE COURT

We represent clients in various matters in Massachusetts District Court and Juvenile Court at all stages of the process, from clerk magistrate’s hearings to trials.

For example: Juvenile Court * Juvenile Delinquency and Youthful Offender * Child Requiring Assistance (CRA) * Care and Protection (involving DCF) * Harassment Prevention Order District Court * Criminal * Motor Vehicle * Abuse Prevention Order * Harassment Prevention Order * Mental Health Commitment * Substance Use Treatment

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Types of Fee Arrangements

by Peter A. Hahn, Esq.

At OneLaw, we have three different types of fee arrangements.

We primarily bill clients on an hourly rate basis. This arrangement requires that a retainer be paid to secure representation. If there is a balance left when we are done, the balance is refunded.

Some matters are more amenable to a flat fee arrangement. Estate planning and residential real estate are usually billed at a set fee depending on the type of work to be done. Flat fees may be billed in advance, either in full or in part.

Contingency fees are considered in matters with potential financial damages or a settlement for the client. The contingency fee is based on an agreed upon percentage of the financial outcome. No retainer or advance payment is required. We only get paid if the case is successful.

Regardless of the fee arrangement, a written fee agreement must be signed before we can begin any legal representation.

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Attorney Peter A. Hahn presents Recent BSEA Decisions: Part I as part of his monthly virtual seminar series for education advocates

Monday, July 29, 2024 2:30-3:00 PM by Zoom

In OneLaw’s May newsletter, Attorney Peter Hahn discusses unilateral placements in special education.

Read the full May 2024 newsletter HERE.

The text version is below:

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I hope you all had a relaxing Memorial Day weekend. Summer is almost here!

Thank you to Attorney Holly Vietzke for her presentation on the Fundamentals of Estate Planning and Special Needs Planning on May 21. It was very informative, and reminds me there are plenty of reasons you want to consider an estate plan for the first time or update one you already have. Attorney Vietzke does consultations as well.

Thank you to special education advocates who have been attending my monthly virtual seminar series for topics in education law. Last month I discussed educational evaluations. Up next is student discipline, and future topics include collateral legal issues, BSEA decisions, and the new IEP form in Massachusetts.

Attorney Chris Connolly and I have been quite active during the “busy season” for school-related cases. Contact us if you need representation as the school year comes to a close.

A reminder that Attorney Beth Herr represents clients in guardianships and family law matters, including adoption.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

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There are many reasons to create or update your estate plan, and we tailor an estate plan to your needs and life circumstances.

Documents to Consider * Will (single or joint) * Trust (revocable, irrevocable, special needs) * Power of Attorney * Health Care Proxy

Reasons to Consider * Predictability for Inheritance * Having Your Decisions Honored * Care and Support for Children * Transfer of Assets * Distribution of Wealth * Estate Tax Implications * Real Estate * Change in Life Circumstances

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Unilateral Placement in Special Education

by Peter A. Hahn, Esq.

Public school districts are required to provide a free appropriate public education (FAPE) for students with disabilities. Families have several options to address a denial of FAPE, including rejecting an IEP, a due process hearing, mediation, or an administrative complaint.

One approach is a unilateral placement. In this scenario, you seek an alternative school placement or different educational programming or service that is necessary and appropriate for your child. The law allows you to seek reimbursement for the cost of the school, program, or service from the public school district.

There are several things to keep in mind when considering a unilateral placement. You do so at your own legal and financial risk. There is no guarantee that a school district will agree or be ordered to reimburse you. The decision must be connected to a denial of FAPE, and you must be able to prove it. The school, program, or service must be appropriate based on the disability-related needs of the child.

There is a notice requirement. Prior to the unilateral placement, you must provide a 10-day notice letter to the school district or inform the district at a Team meeting that you intend to place your child at private expense because of a denial of FAPE and you plan to seek reimbursement for all costs associated with the placement or program.

There is no simple way to get reimbursement. Typically you have to avail yourself of a dispute resolution process and/or sign a settlement agreement. You have to file a due process complaint within the two year statute of limitation or you forfeit your claim.

This is a complex area of law, and this list is not exhaustive. If you are considering this option, consult with an attorney before making the decision in order to ensure you are preserving any legal claim you may have to reimbursement for the unilateral placement.

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Attorney Peter A. Hahn presents

All You Need to Know About Student Discipline

as part of his monthly virtual seminar series for special education advocates

Monday, June 3, 2024 2:30-3:00 PM by Zoom

Read the April 2024 newsletter HERE.

In OneLaw’s March newsletter, Attorney Peter Hahn discusses trial experiences.

Read the full March 2024 newsletter HERE.

The text version is below.

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Some people say there are only two seasons around here (winter and summer), but lately it’s felt like spring with the sun and warmer temperatures. Lilies and daffodils are right around the corner!

Attorney Chris Connolly recently achieved a Not Guilty in a criminal case in the Dorchester Division of the Boston Municipal Court. Congratulations to Chris and his client. It also got me thinking about my own trial experiences, some of which I explore below in this newsletter.

My monthly virtual seminar series for special education advocates is well under way. I’ve already discussed school attendance and school-based anxiety as well as best practices for special education advocates. Next up is a primer on the Bureau of Special Education Appeals (BSEA). Please reach out if you are an education advocate and want to be added to the invitation list.

With the weather warming up and the potential for interest rates stabilizing, there will be more activity in the residential real estate market. Reach out to Attorney Chiara LaPlume if you need help buying or selling a home.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (http://one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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On Trial: Experiences from the Courtroom

by Peter A. Hahn, Esq.

Not all attorneys are litigators. Those that are know the ins and outs – and the ups and downs – of trials and other evidentiary hearings.

In litigation, you have to be the ultimate multi-tasker. Preparing your case. Filing motions. Questioning witnesses. Making objections. Communicating with you client. Reading the room (including the jury). Opening statements. Closing Arguments. The list goes on. You need a mastery of the law and the facts so you can respond expertly in-the-moment to whatever gets thrown at you and make it look like you knew it was coming all along. Then there’s the verdict. What a rush of victory when you here those words of vindication for your client.

I’ve had a few juvenile cases where my clients have testified. When you are accused, the Fifth Amendment right against self incrimination means you do not have to testify at trial. The government has to prove the case against you, you do not have to prove you are innocent. Even if a client wants to testify, often there are too many risks. But there are times when it makes sense. Preparing any witness in advance of trial or a hearing is absolutely necessary, and a trusting relationship helps, too, especially with adolescents. When executed right, the approach can work, as I have experienced with juvenile clients in cases involving charges of attempted bank robbery, sexual assault, and possession of a firearm. In each of those cases, the jury came back Not Delinquent.

Though the type of case is different at the Bureau of Special Education Appeals, all the same skills are necessary. My BSEA hearing experience emphasized how you have to be ready for anything. On the morning of the hearing, I received a motion to dismiss from the school’s attorney. I was fully prepared for the hearing, to call and question witnesses, and present an overview of the legal arguments in the matter. Though I did not know until the last minute I had to address the motion to dismiss, I was ready to do it. You have to be ready for anything. I argued against the motion to dismiss, and since the hearing officer did not rule on the motion immediately, I went forward with the hearing without missing a beat. The motion to dismiss by the school was later denied, and my clients won the hearing.

Attorney Peter A. Hahn represents clients in education, civil rights, juvenile, child welfare, and related matters. He founded OneLaw in 2022.

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Have you been putting off drafting your will for the first time? Do you need to update your estate plan? Does anyone in your family have special needs? From the simple to the sophisticated, we are here to assist with your estate planning and special needs planning. CONTACT US today to set up a consultation.

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OneLaw in the News

“A father did everything he could to protect his son. Until he couldn’t. … A year and a half later, he’s still seeking justice.“

Attorney Hahn represented the family.

Read the article (https://www.bostonglobe.com/2024/02/22/metro/father-did-everything-he-could-protect-his-son-until-he-couldnt/) .

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Attorney Peter A. Hahn presents A Primer on the Bureau of Special Education Appeals (BSEA) as part of his monthly virtual seminar series for special education advocates

Monday, April 1, 2024 2:30-3:00 PM by Zoom