Services

Trademark Law

A Trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods from those of others. The purpose of trademark protection is to prevent consumer confusion. This protection protects you from other entities using marks that are similiar to yours in order to lure customers to them with the value and good will your hard work and investment in the mark has built.

In the internet age, trademark protection is increasingly important. Law Office of Attorney Russell P. Canevazzi helps you navigate the federal registration process and handle any legal issues that may arise.

Business Law

The lawyers of Law Office of Attorney Russell P. Canevazzi maintain a comprehensive Massachusetts business law practice which emphasizes the individual needs of closely-held businesses and their entrepreneur owners. The firm recognizes that each business, either large and small, is unique. Each business owner knows his business best, so we specialize in listening carefully and then in offering comprehensive solutions which are precisely tailored to the needs of each client and their business.

Law Office of Attorney Russell P. Canevazzi serves business owners and professionals at every stage:

  • Starting your business involves lots of steps, from deciding whether an S-Corporation or a Limited Liability Company works better through establishing the right initial business format and doing an appropriate business plan. We have been there many times before, and we offer just the right support to help you give your new business just the best start.
  • Should you rent or own your business facility? How big should your business grow to be, how quickly? Can you attract and motivate the right people? How can your business adapt to local changes? Should you add services, upsize or downsize, take in a partner, or even shut it down? Every day you are in business will bring you new challenges! The attorneys of Law Office of Attorney Russell P. Canevazzi can offer support and inventive business solutions every step of the way.
  • Planning, planning, planning! Besides traditional business planning, every business owner needs to do good tax planning, management planning, retirement planning, estate planning, and general day-by-day strategic planning to keep the business on a solid course. Law Office of Attorney Russell P. Canevazzi works with your other advisers to ensure that you are doing all the planning necessary for real success.
  • When it’s finally time to harvest the value of your business, your attorneys will be indispensable. How will you know when it is time to sell? How can you maximize your business’s value? Is it best to cultivate inside buyers, or use a business broker, or talk with your customers and suppliers? What should you do when you receive an offer, and how can you best assess your alternatives? Far from simply preparing sale documents, Law Office of Attorney Russell P. Canevazzi specializes in helping hard-working business owners of Plymouth, Cape Cod, and the surrounding towns and cities transition out of business ownership with the best possible results for all concerned.

Your business is your most valuable asset. It is also your baby, your pride and joy, and the source of your future retirement wealth. Attorneys Law Office of Attorney Russell P. Canevazzi specialize in serving all the needs of small business owners as well as larger corporations: from purchase or start-up through employment issues, contracts and growth planning, retirement and succession planning, and most types of business litigation, Law Office of Attorney Russell P. Canevazzi is your comprehensive business law firm.

Motor Vehicle Injury Law

The lawyers of Law Office of Attorney Russell P. Canevazzi have extensive experience in handling all types of motor vehicle accident claims, including personal bodily injury claims, claims against uninsured drivers, underinsured claims, multiple vehicle accidents, and motorcycle accident cases within Massachusetts, particularly Cape Cod, Plymouth and the surrounding area.

Attorneys Law Office of Attorney Russell P. Canevazzi are familiar with the many intricacies involved in the handling of motor vehicle accident claims and over the years have developed a process to make sure your injury case is handled as smoothly as possible. In particular, Law Office of Attorney Russell P. Canevazzi has substantial experience working to minimize, or eliminate all together, liens which may attach to motor vehicle accident settlements. Medicaid liens, Medicare liens, Masshealth liens, health insurance liens and medical provider liens can attach to a settlement and take a large portion of your settlement proceeds. However, Law Office of Attorney Russell P. Canevazzi's experience ensures that any such liens are minimized or avoided, making sure our clients put as much money into their pockets as possible.

Personal Injury Law

Serving Plymouth, Cape Cod and the surrounding South East area, Attorneys Law Office of Attorney Russell P. Canevazzi have successfully handled all types of personal injury claims in Massachusetts, including motor vehicle accident, motorcycle accident, dog bite, slip & fall, assault, and medical malpractice and other negligence claims.

While the law firm of Law Office of Attorney Russell P. Canevazzi is fully prepared and capable of handling such cases from the very beginning through trial, Law Office of Attorney Russell P. Canevazzi is a proponent of using alternative dispute resolution methods whenever appropriate. Such methods, including mediation and arbitration, save personal injury clients tremendous amounts of time, money and effort and allow clients greater input in the personal injury dispute resolution process over more traditional means.

Criminal Law

We have retained our standing as a law firm that will take on criminal matters, but are limiting our exposure in this advocacy area. Because of the general needs of our clients we have chosen to continue to give representation in regard to matters that come under the jurisdiction of the district courts, but will not represent anyone whose case comes before the superior courts or the federal court system. Essentially that means that we will give counsel in regard to minor cases and those matters affecting children. This profile works well with our concentration in family matters and precludes the need to specialize where major felonies are in issue.

Divorce

There comes a time when the ties that were fashioned by marriage must be cut. Both as a result of volutary acts, and by operation of law, the marital estate becomes a complicated body of rights, responsibilities, assets and liabilities. To effectively secure future happiness and welfare, you need to know your status and have an effective and knowledgable advocate who can assist in preparation regarding issues of child care, property division, tax obligations, court procedures, judicial tendancies, psychological issues, and divorce law.

Attorney Canevazzi has been representing clients in divorce actions for well over twenty-five (25) years. He has seen the cases unfold from both sides of the equation and has also acted as a non-partisan mediator dealing with both spouses. He is well versed in the applicable law and works tirelessly to secure his client's interests. He is particularly able to assist his clients due to his diverse background in property matters, real estate law, tax issues and estate planning.

General Litigation

What is a law office without the ability to advocate for clients in the Courtroom? Any law office not having the knowledge of courtroom procedures and the rules and etiquette of courtroom procedure is a rudderless ship. General litigation capability and experience is a statement that this office is prepared to pursue the needs and desires of our clients to secure protection, remedies and benefits by use of the formal process of court procedure in state probate, district and superior court trial forums, as well as the federal district court. For over thirty years, we have provided representation to clients in the trial courts in regard to contract actions, tort or injury cases, as well as actions based upon administrative rulings. This broad range of experience is secured further by experience obtained by serving as a court clerk or administrative assistant to the judges of the superior court for five years. Therefore, the general litigation experience possessed by this office allows us to accurately assess the potential for success of many types of cases and also to provide skilled counsel in obtaining client satifaction.

Elder Law Mediation

Elder law focuses on the interests of Elders in the care of their person and property. Disputes frequently arise in regard to the provision of services to the person as well as the care, maintenance, and distribution of property. We have found our services and experience in mediation between care providers and family members to be particularly useful for Elders whose position and health frequently prevent seeking assitance through the court system. By facilitating resolution of controversy through the mediation process, this law firm can go to the home, to the facility of the care provider, and other similar locations, and work to assist in finding solutions with less stress upon the Elder, as well as at less cost and less loss of time.

Real Estate Law

Our knowledge of real estate law comes from having worked exclusively in the real estate field for a lengthy period of time wherein multiple real estate closings were conducted on a daily basis and title examinations were performed routinely from scratch. Subsequently we have been advising clients, both buyers and sellers, commercial and residential, for over thirty years. Our office is situated within walking distance of the Plymouth Registry of Deeds and we are regularly involved with real estate sales and transfers, title searches, creation of homesteads, real estate trusts and boundary disputes, among other problems and matters that commonly arise in the real estate field.

Elder Law

We also practice elder law that helps you maintain control of your finances and destiny as you get older. From long-term care to asset protection, we make sure you are the one that makes the decisions.

What is Elder Law?

When estate planning is focused on the care of inpiduals who are contemplating their declining years and are facing the prospect of long term custodial care and long term illness, we are practicing Elder Law. Frequently, advice and planning are requested as to avoid impoverishment and to allow the protection of assets on behalf of spouses and other family members.

What documentation is involved?

Elder Law planning may call for revision of earlier estate work and for the exploration and search for other benefits and entitlements such as social security disability, "Mass" health as well as other public and private retirement and living benefits. We may recommend the transfer of assets by the use of wills, trusts, deeds, insurance policies and annuities among others. Prepaid funeral plans may be recommended, as well as long term care and supplemental insurance.

How does an Elder Citizen secure benefits?

Emphasis may be placed in securing benefits. We may assist with the application for Medicaid or MassHealth, as it is called in Massachusetts. Similarly, we can apply for SSI and Social Security Disability or creation of Special Needs Trusts.

What else is involved with Elder Law?

Another phase of Elder Law is to provide assistance to protect the clients so that their rights are enforced against nursing homes, or the abusive inpiduals are removed or restrained from interfering or intimidating the client. We may be called in to represent clients in their disputes with the benefits being provided by various agencies, whether at home or while institutionalized. Please direct questions or comments to the email provided below.

Estate Planning & Probate Services

The Law Office of Attorney Russell P. Canevazzi is ready to give your case the attention it deserves. In the area of finances, we provide you with estate planning and probate assistance, allowing you to determine how your assets will be pided after you are gone.

What is Estate Planning and can I do it myself?

Estate planning is a term describing the process of preparing for your future. Most lilkely you have already become involved in the process by getting life insurance, insuring your home, having a joint checking account or having your home in both your name and your spouse.

In the legal profession, we interview clients to determine thier goals and then make recommendations as to how to secure those desires. We discuss and recommend the legal instruments that can be employed. We design a plan that binds future actions and sets out your intentions so that they can be legally enforced, or provide that combination of control and instruction that make you comfortable.

When should I have a Will?

Wills are utilized to express your intentions and directions regarding your property and family subsequent to your decease. Consequently, wills are important once you own property or have a family. Younger people generally put off generating this instrument because they associate the document with their death which won't happen for many years. However, realistically we all know young people who have expired prematurely and left their families with many unanswered questions. Consequently, if you have thought about a will, now is the time to make one.

What should be in a basic estate plan?

A basic estate plan should address matters both now and in the future. It should exhibit thought and consideration over issues of heath care and finances while you are alive as well as upon or after your demise. Commonly an estate plan will utilize a homestead, health care proxy, durable power of attorney, designation of a guardian, and creation of a will. The plan may also utilize one or more types of trusts, some of which provide for minor children and family, or control of real estate, or as a means of diminishing the impact of capital gains taxes or more commonly, estate taxes.

The preceding comments are illustrative of the matters that are discussed with your attorney. Anyone can study these instruments and issues for themselves. This course of action is even recommended, but the creation of the necessary documentation is a task best performed by an attorney with indepth experience because the choice of language can be absolutely critical. Lawyers who dabble in this field frequently don't ask enough or the right questions, or don't properly set out the necessary terminology thereby frustrating the intent of the client or causing the plan to fail.

Divorce & Mediation Services

Just because your marriage is ending does not mean that you have to draw battle lines. Attorney Canevazzi offers porce mediation and legal representation that gives both spouses a voice in how the marriage is dissolved.

Rather than each party hiring a separate attorney to negotiate and advise, both of parties hire one mediator to help negotiate their own Agreement. Mediation is designed for the parties to act for their own interests and to enter into the communication directly. Mediators are not advocates and do not take sides. The mediator is a trained, neutral, third party who will help both parties reach a self-determined and reasonable agreement that each party will be able to understand, accept and implement.

Benefits of Satisfaction with the Settlement

Studies have shown that people who mediate their own Separation Agreements tend to be more satisfied with them over time than people who sign lawyer-argued agreements or court imposed regulations. Through mediation, disputes almost always have a reasonable point of resolution which will allow both sides to come away with their minimum needs met. Unsatisfactory agreements lead right back to court again and again, keeping the dispute alive - to everyone's detriment.

Benefits To Your Children

No one suffers from the long-term trauma of porce more than children. Mediation is a critical tool to help couples put aside their personal animosity and search for terms, which will best serve their children. Mediators can encourage decision-making based on your children's need for both parents. When you go through a face-to-face mediation, you begin to make mutual decisions about the children - a process which, like it or not, you will have to repeat throughout their minority. The mediation process will take you far toward helping your children survive the porce without developing negative feelings toward either parent.

Benefit of Avoiding Litigation

By mediating your own separation agreement, you will keep your marital conflicts confidential and be spared the additional pressure of open court proceedings and the involvement of your friends and family members. Mediation is also usually a quicker process as most cases are mediated and submitted to the court within three to four months from the onset of talks, whereas, a litigated porce can take longer than a year just to be assigned a trial date.

Cost

The cost of mediation will differ in each case, depending on the number of issues, which need to be resolved, and the amount of time it takes to reach agreement. The average mediation conducted by Attorney Canevazzi is completed within three to four two-hour sessions at $200.00 per hour. After agreement is reached, the Attorney will produce your Separation Agreement and complete all the necessary documentation required to file your porce proceeding with the Probate Court. The average mediation cost is between $900 - $1,500. Both parties may share equally in this cost, or it can be the expense of only one party. Payment is on a session-basis allowing for budget considerations without excessive retainers. In a contested porce with both parties hiring separate counsel, you can expect to spend several thousand dollars each, with a large retainer fee up front.

HOW DOES MEDIATION WORK?

The initial step consists of a familiarization with the process - an instructional period designed to cause the parties to adjust their thinking and assemble the pertinent data required.

The second step consists of discussions with BOTH PARTIES present before the mediator. Each party will be given equal and sufficient time with which to set forth their information and voice their concerns and desires for the future. The mediator will guide you into a Separation Agreement by assessing this given information, making additional inquiries where indicated so as to address all necessary issues, and then set forth possible resolutions of the various problems - present and future, so that you may proceed to conduct your affairs in a more tolerable manner.

In the final step, the Separation Agreement is submitted to the Court along with all the necessary documentation required for assignment of a hearing date. Both parties appear before the judge and after approval of their Agreement, the porce is granted.

In summary, compromise through mediation is a far wiser alternative. The porce process is faster; the expenses are more than cut in half; and the parties are better able to devote their time and energy in focusing upon the process of establishing their new life roles.

Domestic Law

Any legal matters involving families usually involve a lot of emotions. In the area of domestic law, we handle things in a calm manner, providing your family with peaceful solutions that benefit all parties involved.

The terms “Domestic “ covers a range of topics affecting today’s families. Among the more common problems addressed in this area are issues of child custody and support, guardianship, foster care, adoption, paternity, separate support, domestic abuse, assignment of assets and liability in property pisions. Since the probate court has been given extensive authority over the family and even greater authority over children, it has become a forum engaged in frontier like decisions. The courts are currently redefining and clarifying the actions and responsibilities of parents, children, and couples in a rapidly changing field, reflecting the pace of life bombarded by the media revolution.

Our office represented the filing parties in the first in vitro fertilization/surrogate mother action brought before the plymouth County probate Court. Our efforts continue to characterize this South Shore law practice as being in the forefront of "cutting edge law"