Family Law

• Divorce
• Child Support
  Mediation is a useful alternative dispute resolution (ADR) method for parties who wish to resolve their family law disputes outside the courtroom. Divorcing couples may use mediation to reach agreements on division of assets, child custody, spousal and child support, and other issues. Mediation can take place in a private, neutral setting, giving the parties a chance to make their needs known and find amicable compromises.
• Child Custody and Visitation
  Family law issues related to divorce and separation involving child custody and child support and division of assets and liabilities can be extremely stressful. At The Law Offices of David A. Miller, PC, we understand that you are going through an emotionally difficult time and that along with the court rulings, the decisions you make now will affect your future and your relationship with your children.
• Premarital Agreement
• Legal Separation

Criminal Law

• Wrongful Death
• Restraining Order
  We help protect you and/or mitigate unfortunate family situations through the emotionally charged areas of custody, divorce, separation, modification and restraining orders. We know you want an attorney who will keep your interests in mind and most importantly seek a result that is in the best interests of your children. We will discuss your options in clear terms, and we will fight for your rights as a parent or as a spouse. Our family law practice includes...

Business and Corporate Law

• Business Disputes
  In addition to his professional practice, Mr. Miller conducts entrepreneurial seminars and teaches real estate and business law courses at the Boston Center for Adult Education and the Newton Community Education Center. He also provides free legal clinics to Boston University students and staff. Mr. Miller serves as legal counsel and member of the Board of Directors for LCDC, a non-profit clinic for emotionally disturbed children and is also a volunteer YMCA basketball coach and Little League baseball coach in Newton.
• Limited Liability Companies
  At the Law Office of David A. Miller. PC, we provide legal guidance to Boston businesses and businesses throughout the Commonwealth of Massachusetts. We help clients protect and manage their critical assets by establishing new business entities including sole proprietorships, general and limited partnerships, S and C corporations and limited liability companies and limited liability partnerships, joint venture agreements and other business entities. We also represent our clients in the acquisition, management, development, merger and sale of their business entities.
• Construction Contracts

Employment Law

• Wrongful Termination
  The Commonwealth of Massachusetts is an at-will employment state, meaning that either the employee or the employer can end your relationship at any time; wrongful termination cases succeed on limited grounds. It is possible to have wrongful termination claims involving breach of contract, public policy issues such as severance pay, whistleblower, executive compensation and similar matters. Employment relationships are the subject of significant litigation and dispute because employers and employees are often unclear on their role and the parties often fail to properly define the responsibilities for the position in advance of engagement. Discrimination and harassment in the workplace can be very subtle and come in many different forms such as, age, race, gender, religion, and even a person's weight can all be the basis of discriminatory or harassing actions.
• Employment Contract
  Employers and employees can opt out of the at will employee status by electing to enter into employment contracts for valued employees. It is essential to negotiate and enter into the most favorable terms possible for an employment contract whether we are representing the employer or the employee as the pros and cons of employment contracts can result in significant positive and/or adverse results if not negotiated properly.
• Employment Litigation
  At the Law Office of David A. Miller, PC, we understand that employment issues can arise frequently in the workplace and having effective legal counsel who can navigate these sensitive issues to reach the best result is key whether through negotiation, mediation, arbitration or litigation.
• Severance Agreement
  The Law Office of David A. Miller, PC provides legal advice for employers and employees including employment contracts, severance agreements, wrongful discharge, employee termination, workplace misconduct, sexual harassment and discrimination cases.
• Sexual Harassment

Property Law

• Real Estate Litigation
  Real estate disputes, particularly in the commercial realm, often call for knowledge and expertise in highly specialized areas of law. We have extensive experience assisting clients with complex transactional and administrative matters, from commercial development, management and financing which enables us to get to the heart of real estate disputes.
• Premises Liability
  When you've been injured through the acts or omissions of some other party, our legal system allows for a financial recovery as the only means of attempting to compensate you for your losses. We can help maximize your financial recovery if you've been injured through the fault of some other party. We can assist with seeking a monetary recovery from automobile accidents, slip-and-fall cases, wrongful death or premises liability actions. Typically, on these types of cases, if there is reasonable insurance coverage or assets, we will represent the client on a contingency fee basis whereby the only way our office is paid is if we recover a financial settlement on your behalf.
• Construction Litigation
  Our specific areas of expertise include, but are not limited to, boundary disputes and litigation, residential and commercial negotiation and drafting of leases, condominium and townhouse issues, construction contracts, deed conveyancing and restrictions, life estates, easements and rights of way, escrow issues, eminent domain, private financing or cash transactions, foreclosure action defense, loan modification representation and short sales, land disputes, lender mortgage loan representation (purchase and refinance), residential and commercial purchase and sale agreements, property tax abatement, title issues, homestead declaration and zoning opinions.
• Eminent Domain
• Easement
• Land Use and Zoning
• Landlord-Tenant Disputes
  We have broad experience in handling disputes relating to real estate, including the enforcement of purchase and sale agreements, specific performance, monetary damages, brokerage fee disputes, actions for damages for breach, landlord tenant matters including evictions, boundary disputes and other land issues.

Health Law

• Personal Injury
• Slip and Fall Injury
  We will work to obtain the largest possible settlement to compensate our clients if they have been injured by the negligence of another person or company. We have successfully handled cases involving construction accidents, slip-and-fall injuries and automobile accidents. A defendant's insurance company will often push to settle quickly, even before you have contacted an attorney. After the long process of reaching your maximum medical recovery, the settlement offer may still not reflect the extent of your injuries and your associated damages. If the Defendants and their insurance company will not offer a reasonable settlement through negotiation short of litigation and is unwilling to consider mediation or arbitration, then after apprising our client of the benefits and risks associated with litigation and with our client's full informed consent, we will aggressively take the matter to court to recover our client's maximum recovery including lost wages, medical costs, and compensation for enjoyment of life, pain and suffering.

Trusts and Estates

• Estate Planning
  Estate planning is often an apprehensive undertaking fraught with difficult decisions and the concept of confronting ones own mortality. We strive to ease that anxiety and to make estate planning as efficient and clear as possible and to support and advise you on making mature, sound and reasoned decisions. Planning for the future is a proactive way to ensure that you and your family are provided for in the future. Careful estate planning also makes certain that your family is clear on your wishes and promotes family harmony. At the Law Office of David A. Miller, PC, we help clients with estate planning including the creation of wills, trusts, health care proxies and powers of attorney.
• Wills
• Trusts
• Power of Attorney
  We recommend our clients to have a power of attorney, health care proxy and living will and when appropriate a directive as to remains and a Homestead Declaration. These documents are often essential to preventing the need for Court involvement in the event of temporary or long-term incapacity and they can provide significant savings in legal time and cost in the future.

Finance Law

• Bankruptcy
  Chapter 7 is the liquidation chapter of the Bankruptcy Code. Individuals or corporations may file chapter 7 bankruptcy cases. Chapter 7 provides you with a fast-acting, inexpensive approach designed to provide a debtor with a "fresh start". This approach eliminates or discharges your debts. Once you qualify for Chapter 7, we can help you eliminate unsecured debts. Under Chapter 7, the individual debtor is allowed to claim certain property exempt. The individual debtor will receive a discharge, which means he or she is relieved of the obligation to pay certain debts. If you do not qualify for Chapter 7, we can pursue Chapter 13 remedies for you.
• Foreclosure
  When an individual or small business becomes insolvent and creditors are harassing them and are threatening or have commenced lawsuits to collect debt owed either by foreclosure actions, attachments of wages or bank accounts, then debtors are often left with bankruptcy as a means of last resort to stave off creditors. In these difficult financial times, many individuals and businesses are in the once unthinkable position of facing the need to filing for bankruptcy. Clients are often distressed at the prospect of filing for bankruptcy. Our office alleviates the distress and provides sympathetic and effective support for our clients.
• Debt Collection
  We aggressively seek to collect unpaid debts on contracts and notes for services rendered or goods sold or provided on behalf of individuals and businesses.