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Focused on Innovative Solutions
Smith & Duggan LLP provides effective, innovative and timely legal advice to businesses, organizations, individuals and public entities in New England and 
across the United States. From preeminent trial lawyers, to counselors in government regulation, personal law, estate planning, insurance and corporate matters, our experienced attorneys serve our clients’ varied needs in a competitive marketplace.
Founded on the belief that legal representation of the highest caliber and ethical standards should be the hallmark of client service, the firm represents clients in a wide range of civil matters from commercial disputes and product liability, to construction, divorce, and probate litigation, to public law, cable, energy, business, and trusts and estates advice.
Our Approach
We work with our clients to outline specific goals at the outset of the representation. Collaboration is essential. The collegial and friendly spirit we foster encourages attentive, helpful and creative legal solutions. Our commitment to excellence is paramount. Our dedication to clients and careful understanding of their needs allows us to solve the toughest of legal problems with the proper balance of thoroughness and efficiency.
Our Experience
Our attorneys have extensive experience working with governments, businesses and insurers, including Fortune 500® companies, regional firms and firms with more discrete markets. Our senior lawyers have over ten to thirty years in practice, many having worked at large Boston law firms and as government attorneys before joining the firm. We have a keen appreciation for the adept legal analysis, strategic thinking and focused energy that are required to meet the most demanding legal challenges.
Our Advantage
Clients choose Smith & Duggan for our exceptional legal advice and our responsive, individualized approach. We provide sophisticated legal services at competitive prices. As our clients have discovered, innovative and intelligent legal solutions are not the result of size, but perspective.
Strength in Litigation
Rigorous preparation, excellence in legal work and an unwavering commitment to our clients produce a proven formula for success.
Trial
The firm’s lawyers are skilled in trying complex civil cases with a focus on business, product liability, premises liability, insured-risk and employment claims. Comfortable before juries and judges, the firm’s attorneys also are sophisticated litigators who know how to assess risk and marshal evidence to avoid trial or garner favorable settlements. Our clients welcome our flexible and innovative approach to their litigation needs. Our ability to develop an in-depth understanding of manufacturing science in a product liability case or achieve a firm grasp of business dynamics in a service industry dispute are a few of the particular strengths of the firm.
Appellate
Our appellate group regularly prosecutes and defends appeals in civil cases before the Massachusetts Supreme Judicial Court and Appeals Court. Our attorneys have represented clients successfully in other appellate courts, including the Supreme Court of the United States and the Court of Appeals for the First Circuit. The firm has particular expertise with respect to constitutional law, review of government agency decisions, insurance coverage, product liability, premises liability and divorce cases, amicus curiae briefs, and the Commonwealth’s unique single justice practice.
Alternative Dispute and Conflict Resolution
The quality and experience of Smith & Duggan’s litigation practice ensures the proper balance when representing clients before state and federal administrative agencies or when an alternative form of dispute resolution is desired. We provide practical insight and effective representation involving employment contracts, non-competition agreements, discrimination claims, construction contracts and a number of specialized areas such as workers’ compensation. We listen carefully and work individually with our clients throughout each matter. Often we can achieve budgetary, public relations or other important client goals by streamlining litigation and resolving issues outside of court.
Network of Leading Law Firms
Smith & Duggan is the Massachusetts member of the Network of Leading Law Firms, an affiliation of independent law firms located in many cities throughout the world. When necessary, we are able to refer clients with commercial interests or litigation needs to skillful colleagues in other jurisdictions whom we respect.
Family Law
Our clients trust our timely and individualized service and fine attention to detail in our personal law practice. We offer a full range of family law services, from pre-marital agreements to divorces, mediations to trials and appeals. In the majority of instances, we are able to resolve divorce matters short of litigation; however, we are completely prepared to go to court should the need arise. In the context of a divorce, we at Smith & Duggan know that we are seeing clients at a low point. Our experienced attorneys demonstrate patience while maintaining a high standard of professionalism to help clients navigate their way through what is often a painful and, unfortunately, sometimes tumultuous divorce process.
Estate Planning and Administration
Our estate planning practice includes wills, trusts, durable powers of attorney, health care proxies, and living wills. We recognize the fundamental importance of estate planning in the lives of individuals and families, and we work closely with our clients to ensure that their estate plan is in keeping with their wishes. Moreover, we take the time to explain the estate plan so that our clients understand what are often rather technical documents. When the time comes to administer an estate in the Probate Court, we strive to be efficient while being sensitive to the needs of the family.
Probate Litigation
Working with Smith & Duggan’s team of excellent, experienced trial attorneys, the personal law practice has the capability to handle a wide variety of probate litigation matters, such as will contests, complaints in equity to challenge a trust, contested guardianships, petitions for an accounting, and petitions to partition real estate.
Public Law Advocates
Administrative, Government and Constitutional Law
Smith & Duggan is known for excellence in handling public law matters, including issues of government regulation, statutory interpretation and constitutional limitations on governmental power. The firm has expertise in representing public authorities, state agencies and government officials; it also has a long history of representing businesses and individuals in dealings with federal and state governments and administrative agencies, ranging from behind-the-scenes legal advice and informal communications with agency staff to formal administrative hearings and appeals, as well as full-blown litigation.
Fisheries and Voting Rights
Our experience encompasses, among other areas, the specialized fields of fisheries regulation and aspects of election law, including redistricting and campaign finance.
Cable Law
Smith & Duggan represents cable operators and a regional cable trade association in pole attachment disputes, competitive overbuilds, rate-setting, rulemakings, franchising and public access disputes. We were among the first attorneys to counsel the cable industry on entry into competitive telecommunications markets. We acted as co-counsel for a cable operator in the first fully litigated conduit rate proceeding by a state or federal commission.
Communications Law
We have represented competitive local exchange carriers, wireless carriers, interexchange carriers, universities, public authorities, state agencies, municipalities, cable operators and a regional cable trade association in connection with various telecommunications matters since the AT&T divestiture. Our representation has included wireless facility siting, contract drafting and negotiation, interconnection agreements and arbitrations, preparation of CLEC entry filings and tariffs, various agency proceedings, advice on taxation of telecommunications services and property, public bidding issues and local permitting for aerial and underground facilities. Our regulatory practice includes representation in FCC matters.
Energy and Public Utilities
We have represented large end users, public authorities, investor-owned utilities, municipal utilities, municipalities and non-utility generators in numerous energy and public utility matters. Our current practice focuses on the representation of large public authorities, municipalities and non-utility generators in Massachusetts and Rhode Island.
Experienced Business Advisors
Business and Corporate Services
Smith & Duggan provides sophisticated corporate and business advice to privately held companies, to the families and entrepreneurs who operate them, and to those who invest in them. We represent a diversity of companies from high technology and e-commerce firms to manufacturers, professional and not-for-profit organizations, to restaurants and other service businesses. For smaller organizations, we frequently serve as outside general counsel. For companies with international interests, we represent American companies doing business abroad and foreign companies doing business in the United States.
Corporate Organization, Finance and Governance
The firm advises businesses and not-for-profit entities on corporate, LLC and partnership organization, and on governance, regulatory and tax-exempt issues. Our practice includes company formation, angel and venture capital and private placements, executive and employee compensation and equity incentive plans, mergers and acquisitions, copyright and trademark protection, intellectual property licensing, and agency and distribution arrangements, among other areas that help build strong businesses.
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