Newsletters

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

In OneLaw’s February newsletter, Attorney Chiara LaPlume explains how working with a real estate agent may be changing due to recent litigation.

Read the full February 2024 newsletter HERE.

The text version is below.

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As we experience the depth of winter, there is hope that spring is fast approaching.

That means the residential real estate market will start to heat up. Our real estate expert Attorney Chiara LaPlume will present a seminar about “Buying and Selling A Home” in our office building at 55 Chapel Street in Newton next Thursday, February 8, 2024 at 12:00 PM. Come hear her speak about fundamentals of the process and recent developments to consider.

Attorney LaPlume also explains in this newsletter how working with a real estate agent may be changing due to recent litigation.

With the new year, OneLaw welcomes another addition to our practice, Beth Herr. Attorney Herr specializes in family law, and represents clients at OneLaw in guardianships, child welfare, adoption, and uncontested domestic relations matters. Welcome, Beth!

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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Welcome Beth Herr to OneLaw!

Attorney Herr represents clients in guardianships, child welfare, adoption, and uncontested family law matters. She graduated from Northeastern University Law School and is a visiting professor at Holy Cross.

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Attorney Chiara LaPlume discusses “Buying and Selling a Home”

Thursday, February 8, 2024 12:00 PM

55 Chapel Street, Newton

Attorney LaPlume will discuss typical aspects of the process of buying and selling real estate, the state of the market, the role of real estate agents and attorneys in the process, and recent developments to consider in residential real estate practice.

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How Working With A Real Estate Agent May Be Changing

by Chiara LaPlume, Esq.

Did you see the headline in November 2023 about a Missouri court issuing a verdict on antitrust litigation regarding real estate agents? If you are buying or selling in Massachusetts it might affect you. While the lawsuit was filed in a Missouri court, it was against many real estate companies with nationwide offices, and the plaintiffs claimed antitrust violations that are based in federal law. Given the $1.8 billion verdict and the related lawsuits already in process, similar lawsuits are expected to be filed in other states. Even before other suits are filed or heard, this significant award has already started to affect “best practices,” and is expected to eventually make way for a new standard way of doing business for real estate agents everywhere – Massachusetts included.

What Is the Basic Upshot of the Lawsuit?

The court agreed that real estate business practices by real estate agents in Missouri were anti-competitive by (i) inflating real estate commissions at around 6%, and (ii) forcing the seller to pay the buyer’s agent’s commission, effectively burdening the seller with the costs of services that benefit another party and that may moreover work against the seller’s interest. The lawsuits so far have expanded to the NAR (National Association of Realtors) and MLS (Multiple Listing Service), but this article will only focus on the main impacts on real estate agent compensation, and how that is expected to impact consumers.

What Does This Mean if I’m Selling?

If you plan to sell in 2024, you can expect updated listing agreement forms (Fall 2023 or 2024 editions) being presented, although this may not always be the case. You can expect to have an explicit conversation involving (i) who the listing agent that you hire can and cannot represent, for example if they can also represent a buyer they already know on your sale transaction, and (ii) whether the seller should offer to pay a buyer’s agent’s commission or not. Prices are driven by demand after all, and many buyers are already covering a lot of costs (e.g., inspections, down payment, mortgage application fees, appraisals, closing costs, and legal fees), and may be unwilling to come out of pocket to pay their real estate agent as well. A discussion about the marketing strategy will therefore include whether to incentivize buyers by offering a commission split, as much as staging.

What Does This Mean if I’m Buying?

The first item that you might notice is a request to sign a buyer’s agent’s agreement. Last year, you might not have been asked to sign an agreement with a buyer’s agent. Things were informal. When you scheduled a viewing, you would sign a disclosure outside the property just before seeing it, stating that you understood that the agent you were working with was showing you this one property as a buyer’s agent, representing only you (or alternatively, stating that they were also representing the seller, or only representing the seller). If you did not like working with your buyer’s agent, you just started to work with another agent for your next viewing. Formalities might have been minimal. Now, if an agent introduces you to a property and you buy, they need to clarify who will pay their commission if the listing agent does not offer a commission split. Therefore, they need to have a conversation with you, and an agreement about the payment for their services. This might happen before you are even scheduled to see a property. A buyer’s real estate agent can provide a lot of value to the transaction, including saving you time by understanding what you like and need (and only showing you the properties that fit the bill), assessing the value of a property and negotiating the price of a very costly item, steering you away from bad neighborhoods or problematic properties, providing recommendations and referrals as needed, anticipating problems and needs, and providing a sounding board if issues come up.

In Conclusion

Although this issue might not be explicitly brought up, expect real estate agents to disclose and negotiate the commission amounts more in 2024 than they did in 2023.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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Contact us to discuss ESTATE PLANNING, whether for the first time or to update your plan!

In OneLaw’s December newsletter, Attorney Peter Hahn explains how families get involved with the Department of Children and Families, and Attorney Chris Connolly reviews the law regarding students being questioned about misbehavior at school.

Read the full December 2023 newsletter HERE.

The text version is below.

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Hopefully you are able to get some rest as the year wraps up.

In this newsletter, I explain what to consider when you become involved with the Department of Children and Families, and Attorney Chris Connolly reviews the law regarding students getting questioned about misbehavior at school.

Our seminar series will continue in January with Attorney Chiara LaPlume presenting on buying and selling residential real estate. First timers welcome as well as those who have gone through the process before.

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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What to Know About the Department of Children and Families

by Peter A. Hahn, Esq.

The Department of Children and Families (DCF) is the child welfare agency in Massachusetts tasked with investigating allegations of child abuse and neglect and caring for children who can not live with their caretakers, either temporarily or permanently.

A DCF investigation begins with a 51A report of an allegation of child abuse or neglect. Mandated reporters are those people legally required to file a 51A. DCF either screens in or screens out the report for further investigation. A 51B investigation is conducted by a social worker. She typically will want to visit the home and interview the child (or children), the accused, and the parents or guardians (if different). She will speak to the original reporter and collaterals, including the child’s doctor and school. She will see if there is a criminal record or related police reports. Any prior DCF history will be considered. The result of the 51B investigation can be to support the allegation, unsupport the allegation, or substantiate a concern about the family. DCF may require an assessment of the family or offer voluntary services.

In the most extreme scenario, DCF can petition the Juvenile Court for custody of the child, including on an emergency basis if deemed necessary. A care and protection petition begins what is typically a long, arduous court battle involving DCF. Ultimately, a parent’s rights can be terminated and the child placed for adoption.

OneLaw represents clients in all types of matters involving DCF. We counsel clients through the process. We can be present during a home visit during the initial investigation. We may advocate for you during a Fair Hearing appeal if an allegation is supported or substantiated against you. We can represent you if DCF files a case in Juvenile Court or Probate and Family Court. In general, be cautious but cooperative with DCF. However, every situation is different, and you are best to consult with an attorney before deciding how to proceed.

Attorney Peter Hahn represents clients in a range of practice areas, including education, civil rights, juvenile and child welfare, criminal, and related matters.

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GUARDIANSHIPS

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. Contact us if you need assistance.

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The Law About School Interrogation

by Chris Connolly, Esq.

Can school teachers and administrators question students about alleged misbehavior? It depends.

Adult defendants have a right not to incriminate themselves. If a police officer has someone in custodial interrogation, the police are required to read them Miranda warnings such as the right to remain silent, the right to an attorney, the right to consult with counsel, and to have counsel present during the interrogation, and the right to have an attorney provided if he cannot afford one. Custodial interrogation is a legal term of art that asks the court to determine whether a defendant would’ve felt free to terminate the interrogation among other factors of compulsion to speak with police. The greater the circumstances are for the defendant to feel compelled to speak with the police, the greater chance there’s custodial interrogation. Frequently in criminal cases, the big issue regarding whether the government can use the defendant’s statements at trial is whether there’s custodial interrogation. For example, a person who goes on his or her own volition to a police station to talk about an event, who is free to leave without any notable factors compelling him or her to stay, the situation probably wouldn’t be custodial. If, however, one changes a few of the details, like the door to the conference room locks keeping the person there while police continue questioning, then custodial interrogation and Miranda warnings could become issues. Questioning by police can become custodial at later points of the interaction even if at the beginning wasn’t custodial.

Separate and apart from the issue of Miranda warnings is whether the statements are made voluntarily. A statement to be used against a defendant can’t be a product of physical or psychological coercion. Many things can factor into whether statements are voluntary including the age and experience of the person questioned. Examples of a statement being involuntary can include in some contexts promising leniency or false assurances that parts of the Miranda warnings don’t apply after the police provided the warnings.

Children have the same rights as adults during police interrogations. Children also have an additional protection during custodial interrogations called the interested adult rule which generally requires the police to have present an adult who has a concern for the child’s welfare and allows the child the opportunity to meaningfully consult with the adult about his or her Miranda rights.

What if a school official is doing the questioning? Courts are reluctant to find custodial interrogation in school situations even though school officials are also government actors like police with great control over students. Whether there is custodial interrogation comes down to whether the school official is acting as an agent of the police during questioning and the involvement of the police in controlling the questioning, including school resource officers. In other words, if the police aren’t controlling, initiating, or influencing a school investigation, then there’s no custodial interrogation.

Separate from that, there is no broad legal requirement that a school official contact a parent or have a parent present before questioning a student. It doesn’t even matter if the school official later turns over the student’s statements to police. Also, no case law at the moment has supported a student’s claim that his or her statements to school officials in the absence of police officer participation is involuntary. However, the argument can still be made.

This isn’t to say that students in public schools have no rights in a school investigation or a disciplinary hearing if police aren’t involved. Students do not have to answer questions. Students also have a right to privacy from unreasonable search and seizures. Numerous state and federal statutes and regulations control procedural due process rights of students. In student discipline hearings, the student has a right to have parents and an attorney participate. If you’re a student being questioned by a school official of something that could be criminal in nature like a fight or the school found an illegal substance in your possession, or there’s any potential violation of school rules, it’s recommended that you ask to have an attorney present before answering any questions and be allowed to contact your parent. Kids often lack the capacity to appreciate the consequences of their actions or words. It helps to have an adult present to make sure they understand what could happen if they speak.

Attorney Chris Connolly represents clients in criminal and juvenile delinquency cases, as well as a variety of education law matters.

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COMING SOON: Attorney Chiara LaPlume will present a seminar in the common area at 55 Chapel Street in Newton on buying and selling residential real estate. First timers are encouraged to attend, but everyone with questions about the process are invited. More details to follow in the new year!

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, 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 Peter Hahn discusses types of special education placements, and Attorney Chiara LaPlume explains different options for holding title to real estate.

Read the full October 2023 newsletter HERE.

The text version is below.

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The school year is underway, fall weather is finally here, and Halloween is right around the corner.

In this newsletter, I discuss what Least Restrictive Environment (LRE) means for special education placement, and Attorney Chiara LaPlume explains different options for holding title to real estate.

OneLaw welcomes the newest addition to our practice, Chris Connolly. Attorney Connolly specializes in criminal and juvenile law, education law, and civil rights. Welcome, Chris!

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.

You can also drop by on Halloween at noon for the seminar in our office building at 55 Chapel Street in Newton when I discuss my experiences in “Education Law and Civil Rights”. Hope to see you there!

Peter A. Hahn, Esq.

Founder & Owner of OneLaw

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Least Restrictive Environment & Types of Special Education Placement

by Peter A. Hahn, Esq.

Special education students are entitled to receive a free appropriate public education in the least restrictive environment (LRE) in which they can make effective educational progress across all domains of identified need (e.g. academic, social, emotional, behavioral).

LRE is defined by how much a student is within or outside the general education setting. The absolute least restrictive environment is an inclusion setting. This is where a student is primarily or solely within the general education classroom. Within the classroom the student may receive support from specialized staff and/or receive accommodations. The student may also get pulled out of the classroom to receive specialized instruction or related services, such as small group reading, occupational therapy, speech and language therapy, or counseling.

In a substantially separate setting, the student is still in the public school but more outside the general education format than in it. The profiles of these students tend to be more intense or complex, thereby necessitating much more specialized and comprehensive programming on their Individualized Education Programs (IEPs). This could be a small class language-based classroom for students with significant literacy deficits, or a classroom with intensive emotional and behavioral supports for students struggling to self regulate.

Some students are no longer able to make progress in a public school. The next level of restrictiveness is a separate day school, which may be in a public regional collaborative or a private school approved by the Department of Elementary and Secondary Education. These schools have different specialties with varying target populations. School districts must provide transportation for student who attend these schools. The most restrictive environment is a residential school. These are for students with the most significant need who cannot live at home.

Ideally, a special education Team discusses and agrees upon what type of placement in the least restrictive environment is necessary for a student. If there is a disagreement between a school district and family, OneLaw can provide legal advice and representation for parents and guardians regarding their legal options to resolve the dispute.

Attorney Peter Hahn represents clients in a range of practice areas, including education, civil rights, juvenile and child welfare, criminal, and related matters.

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On October 31, 2023 at 12:00 PM, Attorney Peter A. Hahn will present a seminar in the common area at 55 Chapel Street in Newton on “Education Law and Civil Rights”.

Attorney Hahn will speak to his experiences in the field and answer questions about special education, student discipline, discrimination, and legal options that individuals and families have in these fields of law.

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Welcome Chris Connolly to OneLaw!

Attorney Connolly represents clients in criminal and juvenile matters, education law, and civil rights. He graduated from the University of Massachusetts – Boston and the University of the District of Columbia David A. Clarke School of Law.

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Holding Title to Real Estate

by Chiara LaPlume, Esq.

There are many reasons to consider how your assets are held, and none perhaps more important than how you hold title to your home, which in addition to possibly being one of your largest assets is supposed to provide a sense of security and permanence.

Basic Title Options

If more than one individual will be on a deed, they will have a few options on how they will take title.

Tenants in Common

This means that multiple owners hold title together, but separately and individually. The owners can own unequal interest in the title (for example, Owner 1 can hold 1/8 of the title to the property, and Owner 2 can hold 7/8). If one of the owners passes, their interest in the home is determined by probate, meaning that the next owner of the landowner’s share is determined by the owner’s will, or if they had no will under the laws on intestacy (i.e., the laws that create a set of default rules for asset and debt distribution for those who die without a will).

Joint Tenants with Rights of Survivorship

Under this option, each owner holds an equal and undivided interest in the real estate, for example 1/2 each if there are two owners. If one of two owners passes away, the other automatically takes full title. If the owner who died left a will saying “I leave everything to charity,” the survivor still takes the entire title to the real estate, because of the way title vests takes priority over the will.

Tenants by the Entirety

This is a way to hold title which is only permitted when the owners are married. It is very similar to Joint Tenants, so that the survivor automatically takes full title, but has some extra protections. Extra protections include: * One of the spouses alone cannot validly transfer their undivided half interest in the property to a third party. * If there is a lien against only one spouse and they subsequently died, the surviving spouse takes full title free of that lien.

More Complex Options

Other options which require further consultation, including the effects on MassHealth and tax, include:

* Holding title in the name of a trust, for estate planning purposes. While the three options of holding title individually can be part of your estate plan, a more complex options might be better indicated, especially if you have a lot of assets, or if the real estate might end up in the hands of minors or people who are not competent to handle home ownership.

* Holding in the name of an entity, for asset protection purposes, which may be considered when dealing with investment property.

* Transferring title so that the original owner is only holding a Life Estate, where the Life Tenant has the power to use the property as they will (e.g., live there, rent it and use the rental income, and so forth) but must preserve the property for the benefit of the named person who will take title after they die, called the Remainderman. Any deed or mortgage to be created after the Life Estate is created would need to be signed by both the Life Tenant and the Remainderman, so there is some loss of control, as well as tax and other consequences which should be discussed before moving forward with this option.

Financing

If you have a mortgage on real estate or may want to use the real estate for a loan later on, the complexity of how you hold title will be a consideration. The basic rule is that the lenders like things to be simple: the more simple, the easier and cheaper the loan. Changing how title is held would also be subject to whether there is a mortgage on the property. Caution should be taken that the mortgage’s acceleration clause is not triggered by the contemplated transfer, which clause states that if title is taken out of the name of the borrower, the lender can request that the loan be paid off in full.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, 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 July newsletter, Attorney Peter Hahn discusses evaluations for special education and related services.

Read the full July 2023 newsletter HERE.

The text version is below.

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Hopefully you are having a great summer and taking some time off.

OneLaw is busy spreading the word. Attorney Chiara LaPlume recently spoke to a group of real estate agents at our nearby Lamacchia Realty office. OneLaw will have a table at our local neighborhood’s Village Day this coming weekend. And we expect to launch a seminar series this coming fall.

OneLaw is also looking for attorneys to join the firm. More information is below. Contact me if you are interested or know someone who might be.

In this newsletter, I discuss the importance of evaluating children for special education and related services.

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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Evaluations for Special Education and Related Services

by Peter A. Hahn, Esq.

Wondering if your child is learning at grade level? What about behavior at school that’s disrupting the learning process? Is there a mental health issue impacting a student’s ability to access the curriculum?

Public schools have the obligation to evaluate students with disabilities who may require special education. Parents and caretakers can also seek out private evaluations to get an independent professional assessment of a child’s diagnostic profile.

There is a principle in special education law called ‘child find’. A school district has the affirmative obligation to identify, locate, and evaluate all children with disabilities within the district to determine whether they are eligible for special education and related services.

Disability categories include autism, specific learning disability, intellectual disability, emotional impairment, health impairment, developmental delay, sensory impairment, neurological impairment, and communication impairment.

A school district is required to conduct assessments in all areas related to the suspected disability and an educational assessment. Such assessments may include a psychological assessment, health assessment, home assessment, observation of the student, occupational therapy assessment, speech and language assessment, or another specialized assessment. The district has to receive consent from the parent or caretaker with legal authority to consent in order to perform the assessment. These assessments are important to better understand the learning profile and achievement level of the student. They are also used for the school and parent or caretaker to determine whether the child is a student who qualifies for special education and related services from the school district. Such services could include specially designed instruction and/or related services, such as speech or occupational therapy. Services could be provided inside or outside the general education setting.

Sometimes parents want to have evaluations done by someone other than the school district. Often they turn to neuropsychologists, who conduct comprehensive evaluations that typically include cognitive skills testing, academic achievement assessments, a review of social, emotional, and behavioral functioning, and assessments in other areas of concern, such as executive functioning and autism. Neuropsychologists will diagnose if established criteria are met, give impressions of the profile of the person being evaluated, and offer recommendations for programming in school, at home, and in the community. Well done neuropsychological evaluations are extremely informative. They can be shared with a child’s school, helping to inform special education eligibility, IEP content, and placement. Other private evaluations can be done by providers in their respective fields, such as psychologists, psychiatrists, occupational therapists, BCBAs, neurologists, speech and language pathologists, pediatricians, and educational consultants.

Any child struggling in any domain at school – academic, social, emotional, and/or behavioral – should be evaluated in some capacity to better understand the root of the issue and to identify what support is needed for the child to succeed.

Attorney Peter Hahn represents clients in a range of practice areas, including education, juvenile and child welfare, civil rights, criminal, and related matters.

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On July 12, 2023, OneLaw’s Chiara LaPlume spoke at a Lunch and Learn seminar at the Waltham office of Lamacchia Realty. Topics included contingencies and clauses in offers to purchase real estate, condominiums, working with an attorney, and answers to a variety of questions from the agents.

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OneLaw is seeking attorneys to join the firm in our practice areas. Ideal candidates have at least five years experience and an established reputation and referral network. Contact Peter Hahn for more information. You may also send a resume and statement of interest by email (mailto:p.hahn@one-law.us).

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On August 6, 2023, OneLaw will have a table at the Village Day event hosted by the Nonantum Neighborhood Association in Newton. We look forward to meeting more of our neighbors!

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

In OneLaw’s June newsletter, Attorney Peter Hahn discusses appellate cases and his experience in the Massachusetts Appeals Court and Supreme Judicial court.  Attorney Chiara LaPlume explains what you should be thinking about when buying a house.

Read the full June 2023 newsletter HERE.

The text version is below.

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After Memorial Day, you know summer is around the corner and the end of the school year is approaching. It also means that OneLaw’s summer intern started, and for those who read the last newsletter, you will be interested to know he’s the former client turned law student!

In this newsletter, I explain the appeals process and my experience in the Massachusetts Appeals Court and at the Supreme Judicial Court. Attorney Chiara LaPlume explains what you should be thinking about when you are buying 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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From the Podium

by Peter A. Hahn, Esq.

Lawyers can take on many different roles. Litigators argue points of law, question witnesses, and convince juries in court. In-house counsel typically work with one organization on a number of legal issues. Other attorneys advise clients and draft documents to ensure rights are protected. Then there are appellate attorneys, who have the opportunity to right a legal wrong or establish new law or both.

Almost every legal decision is subject to appeal, which is a review by a different decisionmaker or court. For federal courts, there are Courts of Appeal and the ultimate authority of the United States Supreme Court. In Massachusetts, there is the Appeals Court and the Supreme Judicial Court.

An appeal can challenge any number of issues in a case, from standing and jurisdiction to the outcome of a civil or criminal trial. The appellate attorney has to analyze the substance and process of the case at issue to determine what to challenge on appeal. Extensive legal research must be conducted to determine how the law should have been applied to the facts of the matter. Then the attorney must draft a legal brief that effectively lays out the facts and law to marshal a legal argument that will persuade the appellate court to reverse or uphold the original decision on appeal.

I’ve had the fortune to have a number of cases before the Massachusetts Appeals Court. Every one of my cases has had an oral argument in front of a panel of judges, usually three. You must be prepared to make a long statement about the case and to respond to challenging questions that the judges throw at you, which can sometimes happen right from the outset.

Arguing in front of the Supreme Judicial Court for the Wallace W. case was quite the experience, in front of an array of justices and at the center of a large and solemn forum. Like a coliseum for lawyers jousting with arguments instead of swords. Fortunately the SJC righted the legal wrong in that case and established new law at my urging, leading to a new procedure in Juvenile Court.

Attorney Peter Hahn represents clients in a range of practice areas, including education, juvenile and child welfare, civil rights, criminal, and related matters.

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OneLaw’s Holly Vietzke is a member of the National Academy of Elder Law Attorneys (NAELA), which is dedicated to improving the quality of legal services for older adults and people with disabilities.

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What to Think About When Buying a Home

by Chiara LaPlume, Esq.

Whether you have never purchased before, or simply if you have not purchased in a while, here are some items to think about as future buyers of real estate in Massachusetts.

A buyer’s agent is a free way to obtain some assistance in market analysis and negotiation when purchasing real estate. The buyer’s agent is paid from the commission earned by the real estate agent representing the seller. Therefore, unless you reach a different agreement with an agent, the services of a buyer’s real estate agent are at no cost to a buyer. A real estate agent who is assisting you with the transaction as a buyer can do so in three capacities: as a buyer’s agent, representing only you; as a seller’s agent, working with you but representing and having loyalty only to the seller; and as a dual agent, representing both the buyer and the seller, and therefore having no loyalty to either.

At the beginning of the offer process, the agent preparing the offer with you should provide you with a one-page, transaction-specific disclosure, describing your relationship to them, and therefore clarifying if they are working only for you, only for the seller, or for both. Needless to say, a real estate agent working with only your best interests in mind will provide you with better representation in negotiation, as well as more loyalty and confidentiality. For example, if you were working with a seller’s agent, any information that you give them is being shared with the seller and any offer discussion are made with the seller’s best interest at heart. Therefore, OneLaw recommends working with a reputable buyer’s agent on your purchase. Ideally, one that will look out for your interests, and can guide you through the process and price negotiations with only your interests at heart.

While inspections and other due diligence items have oftentimes been waived during the pandemic years’ real estate frenzy, we are seeing a return to sanity with buyers going back to performing some due diligence and taking the time to better understand the details of the real estate they are buying before they sign the Purchase and Sale Agreement. We are seeing less waived home and radon inspections. However, every transaction is different, and we are still seeing inspections being waived, even if the trend is towards having a home inspection.

We have also seen an increased number of buyers having snags with their financing. It was always important, but it is even more important these days, to have a pre-approval with a solid lender or mortgage broker. A good mortgage lender is one that can provide you with a good rate of interest, but also one that addresses any issues that might come up on the loan approval well before the loan approval review takes place on your file, and one that will close on time. If you are unsure about your lender’s ability to make the loan happen, there are two questions you can ask. One is asking your loan officer (not the lender in general) what their ‘application to closing rate’ is. Some loan officers will try to anticipate problems, and only take your application if they believe that you and the property will qualify for the loan program. You would want to see that almost all of the loan officer’s applications have closed. Another question you can ask is: how many of the loans they have been able to close on time in the last 5-10 years. The answer is, ideally, 100%. In the home stretch, any delays could put your deposits at risk, since in Massachusetts real estate purchase contracts are “time is of the essence” contracts, meaning that, if you cannot close on time, it is within the seller’s rights to take your deposit and find another buyer – even if you would have been able to perform the day after the closing date.

In Massachusetts, all real estate is expensive. It is always a good idea to build a strong team to guide you through the purchase of real estate. If you have any questions about the homebuying process, feel free to contact OneLaw.

Attorney Chiara LaPlume represents clients in residential real estate matters, from purchase and sale agreements to advising condominium associations. She is also a title insurance agent.

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Time to update your estate plan? Have you been meaning to draft your will? Do you need to set up a special needs trust? Contact OneLaw for a consultation.

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