Horan, James P

Social Security & Disability Law Attorneys, Accident & Property Damage Attorneys, Attorneys

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Phone: (508) 752-6733

Address: 370 Main St, Worcester, MA 01608

Website: http://gouldettenberg.com

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Horan, James P

Divorce
Guardianship
Massachusetts probate courts also oversee the care and protection of people who have become incapable of making decisions regarding their personal affairs. By establishing a guardianship for a minor or incapacitated individual, a family member or other relation can step in and assist the incapacitated person with decisions related to their health, education, and living arrangements. Our attorneys assist families in establishing guardianships, as well as advise guardians and agents under a health care proxy as to their duties and responsibilities.

Criminal Defense
Violent crimes frequently draw substantial attention from law enforcement, prosecutors and the public as a whole. And those accused of such crimes often feel convicted before the trial has even begun. Under these circumstances, it can be tempting to give up hope. But it is important to remember that you have rights, and with a strong criminal defense, you may be able to reduce or avoid the charges against you. With more than 35 years of experience, our attorneys at Gould & Ettenberg, P.C. have long fought for people in Worcester charged with violent crimes. As experienced litigators, we are prepared to go to trial when prosecutors are unwilling to compromise and to effectively assert your rights in state or federal court.
DUI/DWI
A license suspension is nearly unavoidable following an OUI conviction. Even a first offense can carry up to a one-year suspension with alternative disposition providing a suspension of up to 45 days. An experienced attorney may be able to help you obtain a reduced sentence by highlighting the mitigating factors of your case or, if necessary, force the state to prove its case against you at trial.
Wrongful Death
A serious personal injury disrupts your life and the lives of your loved ones. Medical expenses and lost wages can quickly accumulate, and pain, suffering and the added burden on your family can take a substantial toll. To make matters worse, the responsible parties and their insurance companies all too often use every tool at their disposal to avoid or delay compensating you for your losses. If you’ve been injured, having an experienced personal injury lawyer on your side can give you peace of mind, help you avoid missteps that can prejudice your rights and send a clear message to the insurance companies that you are committed to receiving fair compensation. For more than 35 years, our attorneys at Gould & Ettenberg, P.C. have assisted individuals and their families who have fallen victim to personal injury, work-related injuries and wrongful death.
Traffic Violations
Traffic offenses can result in substantial fines. But most people believe that these fines do not justify the expense and inconvenience of fighting the citation in court. In some cases, however, traffic offenses can lead to license suspensions and other stiff penalties. Therefore, if you have been cited for a traffic violation, it is important to understand the full scope of the penalties you could face before deciding how to move forward. If you find yourself in this situation, our lawyers at Gould & Ettenberg, P.C. can determine what potential consequences you may be facing and whether fighting the citation is in your best interests.
Sex Crimes
Sex crimes are among the most serious charges our justice system recognizes. In addition to carrying severe penalties, many of these crimes require those convicted to be registered for life as sex offenders. But despite the seriousness of these charges, some are remarkably easy to stumble into inadvertently. If you are facing such charges in the Worcester area, you need an experienced sex crimes defense attorney on your side. At Gould & Ettenberg, P.C., we routinely defend clients accused of sex crimes. Our criminal attorneys know how prosecutors and law enforcement approach investigation and prosecution and use that knowledge to construct effective defensive strategies.
Fraud
Certain similar crimes such as identify theft and credit card fraud may carry special criminal penalties as well as the requirement that the guilty party pay restitution to the victim.
Robbery
Robbery — the taking of the property of another by force or threat — is a much more serious crime than theft accomplished without force. In fact, robbery accomplished with the use of a dangerous weapon carries a potential sentence of life or any term of years and a minimum sentence of five years. Even if accomplished without the use of a weapon, a robbery conviction can still carry up to a ten-year sentence.
Burglary
Property crimes — Property crimes such as larceny, robber y and burglary are serious matters, even if no act of violence was involved, and can have a long-term impact on your life.
White Collar Crimes
Just because a theft is accomplished with a computer or an accounting ledger does not make it less serious than other kinds of theft. In fact, many such white collar crimes carry stiffer penalties than their more straightforward counterparts and may involve federal charges as well. At Gould & Ettenberg, P.C., our combination of business law knowledge and criminal litigation experience makes our attorneys especially suited to address these complex and serious charges — and gives our clients in the Worcester area their best chance at mitigation or exoneration.
Theft
Misdemeanors
OUI — While a misdemeanor under most circumstances, operating under the influence (OUI) is still a serious crime that can result in license suspension, substantial fines and even jail time.
Embezzlement
Embezzlement is the fraudulent taking of property by someone into whose care it has been entrusted. While the definition is simple, the investigation of an embezzlement case can be complex. To receive the best defense against these charges, you should have a lawyer whose extensive knowledge of accounting principles and business practices can be used to attack the prosecution’s case or uncover exonerating records.
Drug Crimes
Drug charges are complicated, and it is very easy for a relatively minor possession charge to turn into a serious felony when certain conditions are present. Moreover, offenses involving controlled substances often fall under both state and federal jurisdiction, potentially subjecting the accused to dual prosecution for the same conduct. For these reasons, it is important to understand the gravity of drug charges and to treat them seriously. At Gould & Ettenberg, P.C., our attorneys have zealously defended people in Worcester against a wide range of drug charges in both state and federal courts. We understand how prosecutors approach these cases, we are aware of the potential penalties and we know how to guide our clients to a favorable resolution.
Assault
Indecent assault and battery — Sexual assault is any unwanted touching that is harmful and offensive to the victim and would be considered immodest, immoral and improper. In cases where the victim is over the age of fourteen, this crime carries a potential sentence of up to five years in prison. In the case of younger victims, up to a ten-year sentence may be imposed.
Murder
Under Massachusetts law, the crime of murder carries a potential life sentence. If you are accused of murder, you are literally fighting for your life. But an experienced criminal attorney can offer several options for your defense. These can include attacking the charges directly by seeking the exclusion of crucial evidence or the impeachment of key witnesses. This can also include presenting affirmative defenses such as self-defense, heat of the moment, excessive force in self-defense or, in some rare instances, insanity.
Probation Violation
If you have been convicted of a crime but managed to avoid serving jail time through a sentence of probation or if you were released from prison early on parole, do not make the mistake of thinking you are home free. Whether you’re on probation or parole, you are subject to the continued supervision of state authorities to ensure your compliance with certain conditions. If you fail to comply, you can end up back in jail. If you are facing allegations of parole or probation violations, you do have an opportunity to defend yourself in court. And our attorneys at Gould & Ettenberg, P.C. have successfully helped clients in Worcester mitigate or avoid the consequences of these infractions through compelling argument and negotiation with courts and law enforcement authorities.
Homicide
The ruling does not cover all drunken driving cases. Exceptions for the exclusion of breath tests at trial under a previous agreement between defense attorneys and prosecutors include motor vehicle homicide by OUI, OUI causing serious bodily injury, and OUI fifth offense or more, according to court documents.
Shoplifting
Theft — called larceny in Massachusetts — is the wrongful taking of the property of another with the intent to permanently deprive the owner of it. This includes not only theft in the conventional sense but also theft by fraud, misrepresentation or embezzlement. Larceny of property worth more than $250 can carry a sentence of up to five years’ confinement — ten if the victim was disabled or over 65. Lesser larceny and shoplifting can still carry substantial penalties and the lasting mark of a criminal record. Because larceny can involve such a wide array of conduct, it’s important to consult an experienced criminal lawyer if you or someone in your family is accused of this type of crime.
Money Laundering
Even allegations of white collar criminal activity can be professionally devastating. Our attorneys at Gould & Ettenberg, P.C. use our full range of skills and experience to zealously defend those accused of fraud, embezzlement, money laundering and other white collar crimes in the Worcester area. Call us at 508-752-6733 or contact us online to set up a consultation with a caring and experienced attorney today. We are conveniently located in downtown Worcester with easy access to both state and federal courthouses as well as convenient parking.
Manslaughter
Manslaughter — Causing the death of another through reckless conduct not amounting to malice, in a sudden fit of passion following sufficient provocation or in self-defense using excessive force or based on a mistaken belief of danger is punishable by up to 20 years in prison.
Internet Crimes

Business and Corporate Law

Corporate Law
Businesses and other organizations in the area count on attorneys Marshall Gould, David Bunker and Kathryn O’Leary for assistance with various business law issues, including formation, corporate governance, commercial transactions, buy/sell arrangements, employment matters and litigation.
Mergers and Acquisitions
For some struggling businesses, merger is an attractive alternative to bankruptcy. In other cases, profitable businesses simply receive an offer that is too good to pass up. Whatever the case may be, mergers and acquisitions are complex transactions that require substantial cooperation from managers and shareholders on both sides. Guiding these transactions to an expedient and lucrative conclusion requires competent legal advice. Our attorneys at Gould & Ettenberg, P.C. have assisted both publicly traded and privately held corporations throughout the Worcester area during the merger process. A mergers and acquisitions lawyer from our firm can review merger agreements, negotiate with dissenting shareholders and assist in maintaining compliance with applicable laws.
Business Formation
Business formation — With a thorough understanding of Massachusetts business organization law, our attorneys offer business formation services to new ventures, providing them with the liability protection and tax benefits that they need. We draft comprehensive agreements and other formative documents designed to protect your investment and promote healthy relations between stakeholders.
Business Disputes
Through our comprehensive business law practice, our Worcester attorneys provide transactional counsel and litigation representation for a wide array of business and commercial issues...
Business Transactions
Lender representation — During our more than 35 years of lender representation in Massachusetts, we have counseled banks and other major lenders in mortgage, commercial transactions and foreclosure matters and have advised banks regarding compliance with state and federal law.
Limited Liability Companies
Limited liability companies (LLCs) — LLCs offer a high degree of flexibility while still providing strong liability protection. They can be fine-tuned to accommodate nearly any type of management arrangement and also provide several options regarding tax treatment.
Intellectual Property

Workers Compensation
Workers compensation — Workers compensation law allows workers injured on the job, regardless of fault, to recover compensation for lost wages and medical expenses. But when employers or their insurance carriers refuse to pay claims, we can connect you with attorneys who can help you fight for the workers compensation benefits you are entitled to.
Wrongful Termination
With broad business law experience at our disposal, our attorneys are able to counsel employers and their human resources departments on various employment issues. We can help you draft and institute employee hiring and disciplinary policies that avoid claims of discrimination, harassment or wrongful termination and provide important documentation should such claims occur. We can also help you protect your client bases and intellectual property through binding noncompete and nondisclosure agreements.
Employment Litigation
Employment issues — Our Worcester attorneys assist HR departments in drafting and instituting policies that minimize employment issues and provide aggressive defense during employment litigation.

Real Estate Litigation
Attorney Reidy focuses her practice on real estate law with a particular emphasis on residential transactions representing lenders, buyers, sellers, landlords and tenants. In addition, Attorney Reidy handles matters in the Probate Courts.
Premises Liability
Premises liability — Falls due to slippery floors, unsafe stairs, poor lighting and other construction or maintenance defects have the potential to cause serious injuries. And property owners have a legal duty of care to those they invite or permit on their premises and, in some cases, even trespassers. Our attorneys aggressively pursue premises liability lawsuits on behalf of clients in Worcester County and the surrounding areas who’ve been injured on another’s premises.There are strict deadlines for such case so do not delay.
Real Estate Transactions
The required investment of capital and effort — as well as the potential risks that accompany major commercial development projects and real estate transactions — can be substantial. Nevertheless, when these projects are successful, the rewards can be even greater. For these reasons, minimizing risk during these high-stakes projects is of paramount importance. And having access to sound legal counsel can go a long way toward accomplishing that goal. For more than 35 years, commercial developers in the Worcester area and throughout Massachusetts have placed their trust in our attorneys at Gould & Ettenberg, P.C. to provide just this type of support. Our lengthy history and reputation for high standards has allowed us to build the relationships necessary to help our clients get the most out of their commercial property and development projects.
Land Use and Zoning
Zoning ordinances and land use issues are more complicated than most people realize. These rules are strictly enforced by local authorities and failure to comply can mean big problems for your development project. During our more than 35 years of practice in the Worcester County area, Gould & Ettenberg, P.C. attorneys have worked with many local land use authorities. Our reputation for thorough research, legal knowledge and high ethical standards has allowed us to build respectful relationships with various local regulators. We’re able to help our clients anticipate and avoid land use issues and expediently identify and correct problems before they occur.
Landlord-Tenant Disputes
Many companies — perhaps even a majority — rent rather than own their principal places of business. The commercial leases that govern these landlord-tenant relationships are substantially more complicated than leases that govern residential transactions. To keep these relationships secure, harmonious and lucrative, an experienced real estate attorney from our firm can draft and negotiate leases and provide counsel for disputes that may arise regarding...

Personal Injury
It is easy to see how a poorly maintained property can present numerous dangers to visitors. But even temporary hazards such as slippery floors, burned-out lights and loose banisters can pave the way for serious injuries to occur. The law places a high duty of care upon property owners and tenants who invite others onto their premises. And when those property owners or possessors fail to live up to these duties, the law holds them accountable for the resulting injuries. With more than 35 years of experience, our personal injury lawyers at Gould & Ettenberg, P.C. know how to effectively handle these cases from start to finish. We call upon respected experts in the Worcester area, thoroughly gather evidence and aggressively negotiate with property owners and insurance companies to get our clients prompt and favorable results, all the while maintaining readiness for trial if necessary.
Medical Malpractice
Medical malpractice — To successfully prosecute a medical malpractice claim, an attorney must know how to effectively communicate with medical professionals across a wide variety of fields. Our reputation, earned over more than 35 years, allows us to help people connect with attorneys who can build their medical malpractice cases with the support of some of the finest medical authorities in New England.
Auto Accidents
Social Security Disability
Social Security disability (SSD) is intended as a safety net so that those who have worked and paid into the system as well as their families can have access to income should a chronic disability render them unable to work. But unfortunately it seems that many valid claims are initially denied by a suspicious and overstretched bureaucracy, making it necessary to appeal for the benefits you deserve. Because these benefits can be an excellent source of supplementary income for our seriously injured clients and their families, we at Gould & Ettenberg, P.C. maintain close contact with a network of respectable and qualified Worcester SSD attorneys and are happy to provide referrals that you can use with confidence.

Trusts and Estates

Estate Planning
A trust is a frequently misunderstood yet extremely valuable estate planning and wealth management tool. In a trust, ownership and control of property is given to a trustee — either an individual or a corporation — to hold and manage for the benefit of one or more beneficiaries. The trustee must act in accordance with the terms of a trust document and also has a fiduciary duty to act in the best interests of the beneficiaries. There are many reasons why people use trusts, but regardless of your reasons, having thorough and clear documents drafted by an experienced trust lawyer is critical to your success. At Gould & Ettenberg, P.C., our attorneys have assisted individuals and organizations throughout the Worcester area in effectively using trusts to avoid probate, provide for young or disabled beneficiaries, fund charitable pursuits and protect assets.
Wills
Probate is the court-supervised process of settling a deceased person’s final affairs and distributing the estate in accordance with his or her will — or under Massachusetts intestacy laws if there is no will. While the probate process is not as burdensome as many people believe, it can present some challenges for the personal representatives tasked with making it happen. Our attorneys at Gould & Ettenberg, P.C. fully understand the laws that govern probate administration and the procedures followed in Massachusetts probate courts. A probate lawyer from our firm can also represent personal representatives in Worcester as well as estate beneficiaries and heirs during will contests and litigation.
Trusts
Probate is usually necessary whenever a person dies with property in his or her estate. This often does not include joint property, assets with named beneficiaries or placed in a living trust — a common probate avoidance tool. If the deceased had his or her intentions memorialized in a will by a Worcester wills attorney, that document can be offered for probate and the personal representative named in the will can be appointed. Otherwise, the court must nominate a personal representative and the decedent’s assets will be distributed among his or her family in accordance with Massachusetts law. Although there are different methods of administering an estate, a personal representative’s duties may include...
Power of Attorney
If you are a personal representative nominated by your loved one’s will, an agent designated by a power of attorney or a conservator nominated by a probate court, there may be a number of issues you will need to address...
Probate

Foreclosure
In recent years, banks and other mortgage lenders have found themselves under increasing scrutiny from state and federal regulators. As default and foreclosure continue to increase across the United States, these lenders will likely continue to see their administrative burdens increase as well. Having reliable counsel from an experienced lender representation lawyer can help your company confront these challenges with confidence and efficiency. As a fixture of the Worcester County area real estate market for more than 35 years, our real estate lawyers at Gould & Ettenberg, P.C. has become a trusted resource for lenders of all sizes and types in Massachusetts.
Tax Law
Irrevocable trusts — Irrevocable trusts cannot be modified or revoked by the grantor. This makes them useful for asset protection and tax planning purposes but also requires the grantor to surrender a greater degree of control over the trust property. Insurance trusts, for instance, can be useful for excluding life insurance proceeds from estate taxation. Likewise, irrevocable trusts may protect assets from creditors or from Medicaid expenses or liens.

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