Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are:

• loss of earnings capacity,
• pain and suffering, and
• reasonable medical expenses.

They include both present and future expected losses.

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories:

• intentional torts (e.g., intentionally hitting a person);
• negligent torts (causing an accident by failing to obey traffic rules); and
• strict liability torts (e.g., liability for making and selling defective products).

Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

Frank Law Offices is highly experienced with personal injury and complex litigation and has obtained successful results in every aspect of personal injury from auto accidents to wrongful death. The firm has a solid history of obtaining favorable results in cases against persons, states and cities.

Frank Law Offices takes pride in the ability to provide personal attention in every type of case. Attorney Frank's extensive courtroom experience has garnered the respect of colleagues throughout the legal system. The firm welcomes trying courtroom cases, as excelling in that arena can positively affect a reasonable damage award.

Attorney Frank won an award in academic achievements in torts-personal injury while attending law school and has been practicing in the area since coming into practice in 1986.

Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (e.g., minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public insurance, such as unemployment compensation.

Employment has always been a favorite area of law at Frank Law Offices. Attorney Frank has tried many employment cases to successful conclusion. The firm recently represented a Domino’s franchisee where an employee sued for numerous counts in Federal District Court. Attorney Frank was able to get all but one count dismissed prior to trial. The jury found for the employer on the remaining claim (under the Family Medical Leave Act) after five days of trial.

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.

Frank Law Offices has extensive credentials in the field of Criminal Law and has successfully tried hundreds of cases including but not limited to:

• drug,
• DWI,
• rape,
• murder and
• other crimes in various courts throughout Massachusetts.

Attorney Frank has successfully obtained "not guilty" verdicts in a range of cases. In fact, many criminal defense attorneys seek his expertise, particularly in the field of "operating under the influence" charges.

Frank Law Offices has represented many clients charged with murder, both as a consultant and as lead counsel, and obtained statewide recognition in a recent murder case where we were able to get our client’s two unrelated confessions suppressed on unrelated grounds.

Attorney Frank has been told by at least one judge, following a trial, that he conducted "the best cross-examination that [she has] ever seen." Furthermore, he has been complimented by judges, clients and opponents alike for excellent court room skills.

Attorney Frank has been selected by the Committee for Public Counsel Services to serve as a panel member with other highly accomplished attorneys in representing indigent clients charged with murder, is an active member of the Massachusetts Association of Criminal Defense Attorneys and has also been involved with the National Association of Criminal Defense Attorneys.

Frank Law Offices has provided quality legal services to litigants in the Probate and Family Law courts since 1980. We understand that domestic disputes require personal attention and have successfully litigated divorce and custody disputes from start through trial with positive results. Additionally, Frank Law Offices handles other family natured legal concerns such as:

• Adoption:
  Adoption law is largely state law. The parent-child relationship established by adoption, however, may have direct consequences in areas of Federal law affected by family status such as Social Security. All 50 states have statutes governing adoption; the process by which a legal parent-child relationship is created between individuals not biologically parent and child. In some states, doctrines of "equitable adoption" allow courts to recognize adoptions when not all statutory procedures have been carried out.
  
  
• Child Custody:
  In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.
  
  Like other aspects of family law, most law in this field is state rather than Federal.
  
  
• Children's Rights:
  A child is a person and not a subperson over whom the parent has an absolute possessory interest. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. Children are generally afforded the basic rights embodied by the Constitution. The equal protection clause of the 14th Amendment is said to apply to children, born within a marriage or not, but excludes children not yet born. There are both state and federal sources of child-rights law.
  
  
• Divorce:
  There are two types of divorce-- absolute and limited. An absolute divorce, (also called a "divorce a vinculo matrimonii") is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties' status becomes single again.
  
  Several jurisdictions' statutes authorize limited divorces, or "divorce a mensa et thoro." The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
  
  Many states have enacted what is called no-fault divorce statutes. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable.
  
  
• Marriage:
  In the English common law tradition, from which our legal doctrines and concepts have developed, a marriage was a contract based upon a voluntary private agreement by a man and a woman to become husband and wife. Marriage was viewed as the basis of the family unit and vital to the preservation of morals and civilization. Traditionally, the husband had a duty to provide a safe house, pay for necessities such as food and clothing, and live in the house. The wife's obligations were maintaining a home, living in the home, having sexual relations with her husband, and rearing the couple's children. Today the underlying concept that marriage is a legal contract still remains but due to changes in society the legal obligations are not the same.
  
  Marriage is chiefly regulated by the states. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry, and how the marriage can be dissolved. Entering into a marriage changes the legal status of both parties and gives both husband and wife new rights and obligations. One power that the states do not have, however, is that of prohibiting marriage in the absence of a valid reason. For example, prohibiting interracial marriage is not allowed for lack of a valid reason and because it was deemed to violate the Equal Protection Clause of the Constitution.
  
  All states limit people to one living husband or wife at a time and will not issue marriage licenses to anyone with a living spouse. Once an individual is married, the person must be legally released from the relationship by either death, divorce, or annulment before he or she may remarry. Other limitations on individuals include age and close relationship. Limitations that some but not all states prescribe are: the requirements of blood tests, good mental capacity, and being of opposite sex.