Author Archives: Thomas Francis
The applicable statutes of limitations are six years for breach of contract actions and three years for torts. However, a declaration of trust and schedule of beneficiaries executed under seal may be subject to the 20-year statute of limitations. An action for breach of fiduciary duty does not accrue until the trustee repudiates the trust… Read More »
Our firm serves as plaintiff’s counsel for insurance companies exercising rights of subrogation and as defense counsel for insurance companies and their policy holders in a wide range of claims. The sheer volume of our case load requires constant development and refinement of methodologies for the efficient processing of each claim. This means effective communication… Read More »
There are various kinds of trusts with trustees having different roles. In most trust formations, the trustee manages property for the benefit of the beneficiary. In a nominee trust, the trustee merely holds title to real estate subject to the control and direction of the beneficiary. Trusts are established through the execution of a declaration… Read More »
Lender liability claims are brought by borrowers against lenders. They run the gamut from breach of contract to fraud and often appear in a lawsuit as counterclaims after a lender has brought suit alleging default on a loan contract. Less frequently, borrowers initiate litigation against the lender. Either way, such lawsuits routinely involve claims and… Read More »
After choosing an attorney to represent you in a lawsuit, you will need to negotiate a fee agreement. It’s a sad truth that the burden of financing litigation creates a barrier to entry for many individuals and small businesses. Parties file their claims, propound written questions called “interrogatories” that must be answered by opposing parties… Read More »
We recently launched our website, so a few words on our intake process and the first steps in establishing an attorney/client relationship seem appropriate. During the initial free consultation, we will first review the facts of your case and address: What are the strengths and weaknesses of each party’s position? What’s your probability of success?… Read More »
Welcome to the official blog of Law Offices of Thomas S. Francis. We will begin posting on this blog shortly, so please check back regularly for updates about the firm, notable cases and more.