Civil Litigation

Library - civil litigation

Farrell Smith O’Connell works closely with clients in general civil matters to ensure they receive the practical guidance they need and the quality representation they deserve. FSO’s clients range from individuals and small businesses to national corporations. The firm has hands-on experience in a wide range of matters and has represented clients in state and federal courts of Massachusetts, Connecticut, New Hampshire, Maine, Rhode Island and Vermont and other states across the nation.

Business and Corporate Law

FSO represents business entities such as corporations, partnerships, and limited liability companies with all aspects of their formation, operation, and liquidation. FSO assists businesses with the drafting and implementation of asset and stock purchase agreements, and other business transaction documents, shareholder and member agreements, employment agreements and other corporate governing documents and contracts. FSO serves as outside general counsel for a variety of for-profit and not-for-profit business entities, and governmental agencies. As a result, FSO is involved in a wide array of contractual and transactional matters. As a part of the practice, FSO represents a wide variety of businesses, holding companies, landlords, tenants, and developers in the sale, purchase, leasing, financing, development and construction of personal and real property. FSO represents corporate clients in the purchase and sale of businesses. Drawing on experience, creativity and analytical skills, FSO fashions solutions that help clients achieve their objectives.

Contract Negotiations and Drafting

FSO represents individuals, owners, businesses, developers, engineers, general contractors, subcontractors, suppliers and other professionals in negotiating and drafting contracts, private financing arrangements or other documents for various projects and/or needs.

Not-For-Profit Organizations

FSO represents governmental and not-for-profit public interest organizations in a variety of matters including administrative hearings, hearings before legislative bodies, general business and contract law. FSO is keenly aware of the unique challenges of service organizations. This knowledge drives FSO’s mission to fight vigorously if required and to give due consideration to client’s interest in minimizing litigation expenses.

Real Estate

FSO has a wealth of experience assisting clients in the real estate arena. FSO advises clients in all aspects regarding acquisition and sale of real estate, including contract negotiations, contract preparation, due diligence and private financing arrangements. FSO represents clients in all types of real estate related litigation, in Land Court or Superior Court, including contract disputes, quiet title actions, foreclosures and other cases. FSO also represents landlords and tenants in the ongoing leasing of real property from lease negotiations, lease contracts, leasehold improvements, and lease enforcement. The experience extends to commercial and residential properties.

Business Litigation

FSO represents business clients in a variety of business litigation, such as corporate issues, shareholder and partnership liability, director and officer liability, employment issues, business fraud and many other types of contract and/or commercial disputes.

Construction Litigation

The firm represents owners, developers, general contractors, subcontractors and other construction professionals, in counseling, litigation involving commercial and residential acquisition, development and construction.

Personal Injury and Wrongful Death

FSO has the understanding and skill necessary to successfully bring or defend personal injury actions. FSO is knowledgeable in the various substantive areas of law through which personal injury actions arise, (e.g. auto accidents, premises liability or construction accidents) as well as experienced in complex medical issues such as causation and extent of injury.

FSO also has experience in matters relating to Wrongful Cremation/Burial Issues. Death is never easy. It becomes worse when a funeral home or crematorium negligently handles your loved one’s remains. FSO has successfully handled several of these situations. Fortunately, these types of situations do not happen that often, but if it happens to you FSO can help.

Appellate Practice

Appellate practice is a natural extension of litigation in all areas of practice. FSO has extensive knowledge of the rules and procedures of appellate courts. During the appeal, there is often opportunity for further discussion of settlement. The appellate process is a necessary component of our legal system where errors of the lower courts can be corrected, and where favorable decisions can be affirmed. The appellate strategy is determined on a case-by-case basis and after consultation with the client. FSO argues the facts, law and public policy at oral argument in such a way as to make clear to the appellate court the wisdom of ruling in favor of the client.

Alternative Dispute Resolution

While being committed to representing clients in court, FSO recognizes that many cases can be resolved prior to trial through alternative dispute resolution. FSO often successfully participates in mediation and other forms of alternative dispute resolution as a more efficient and less costly alternative to litigation. Our partners have also been called upon by fellow attorneys to serve as mediators and arbitrators in a variety of legal matters.

Judicial Reviews

FSO regularly represents clients during appeals of municipal, state, and federal agency decisions. FSO litigators are experienced in Massachusetts Ch. 91, zoning and planning board appeals. See our Administrative Law section for more information.

Have a Question?
Contact Us Now.

Serving New England, Virginia and North Carolina.


Available 24/7

FSO provides quality service with integrity and creativity. We tirelessly work towards commonsense solutions with attention to detail and the values necessary to advance our clients' interests. FSO invests the time to listen and better understand our clients' objectives in order to provide the best possible legal representation and strategy in a timely, cost-effective, and efficient fashion.