New Contempt Standard: Clear and Convincing Evidence

The Massachusetts Supreme Judicial Court, in In Re Birchall, ruled that civil contempt cases must now be proved by clear and convincing evidence, rather than just a preponderance of evidence.  This change will have a significant impact on domestic relations practice.  Alex Hahn, working together with Attorney Thomas J. Frain, recently secured a contempt verdict at trial under the new standard.

Attorneys’ Fees Rule in Will Contest Liberalized.

The Supreme Judicial Court, in In re Estate of King, determined that attorneys’ fees may be assessed against an unsuccessful will contestant even in the absence of bad faith or egregious litigation activities.  Alex Hahn, who has defended against will contests in the Massachusetts Probate Court, views this rule as a potential mechanism for discouraging frivolous contests.

Contact Information

C. Alex Hahn, Esq.

46 Lewis Street, Suite 6

Boston, MA 02113

phone (857) 753-4182

fax (857) 753-4183

alex@hahnlawgroup.com