James S. Franchek concentrates on civil litigation with an emphasis on non-competition trade secret litigation, discrimination, premises liability/negligent security, product liability, defamation, legal malpractice, condominium law, insurance defense, and personal injury claims. 

     Jim has resolved major issues in his clients’ favor that may interest you. One involved the tragic death of a 19 year old woman. Her family was provided with $1,150,000.00 within months of her demise. He also achieved a judgment in favor of another of the firm’s clients against a scam worker’s compensation plan involving an off shore Guernsey Island Company for $7,615,000.00 in the United States District Court. The total judgment was over $8,815, 000.00 with interest. In the last few months, as a result of carelessness, a local man lose the partial use of his hand when a pressure tank was over filled with compressed air. He obtained a settlement of $196,000.00. In July 2011, Jim achieved the first ever prejudgment real estate attachment in Norfolk, Middlesex and Worcester Counties under the Massachusetts' unfair and deceptive trade practice statute for $437,584.47.

     Jim also appeared on local and Court TV in the trial against the property owner in the multiple claims arising from the Brookline, Massachusetts abortion clinic shootings by John Salvi, III. In that case, which was tried before a jury in Dedham, Massachusetts, the jury found in favor of his client.  He was also lead defense counsel in the successful summary judgment defense verdict, affirmed on appeal, in Sullivan v. BayBank Middlesex, et al., which presented a claim for injuries arising out of a bank robbery.  He has also been involved in litigation arising out of a catastrophic gas explosion in the Town of Brookline as counsel for the Town and in the deadly hotel fire at the Fenway Cambridge Motor Lodge. Jim has also tried cases for injured parties in various state and federal courts of the Commonwealth, the Maine Federal Court and Pennsylvania Courts. 

       In addition to these areas, Jim has also been active in providing coverage opinions and in negotiating multiple insurer agreements and coordinating primary/excess insurer settlements both before and during trial.  A significant portion of his practice also includes the representation of not-for-profit associations in areas of claimed breaches of fiduciary duties, to the administration of condominium associations to business and contractor disputes.  Jim was one of four attorneys selected to address the 1996 Boston Bar Association’s annual meeting on condominium law and insurance coverage. In 1998, Jim was elected to serve twice as Co-President of the Attorneys Committee of the Community Association Institute (CAI) for New England.  CAI is the trade organization of condominium trustees, managers, attorneys and trades.

      Jim is frequently hired and been qualified as a Superior Court expert witness in cases involving legal malpractice and personal injury evaluation.

      Jim grew up in the Midwest where he graduated from Kenyon College in 1978. He graduated from the University of Detroit School of Law in 1981. He became a member of the Bar in Michigan in 1981 and Massachusetts in 1982.  He is a member of various trial lawyer and bar associations in both Michigan, Massachusetts, federally and nationally. He has been admitted in many other jurisdictions across the country.

      He has been awarded an “AV” rating by the International Martindale-Hubbell Organization designating him as an attorney anonymously evaluated and recognized by his peers as possessing “Very High to Preeminent” legal ability and ethical standards.

     We also believe that choosing the right attorney is critical for the right, and cost effective outcome. Therefore we call upon several different attorneys with particular specialties and skills, who need no "Get Up To Speed" time. They are ready to go and be productive from the first moment the need arises.

     As a same example, did you know the effect of Governor Patrick's change to the Homestead Act, or the long term effects of a lawful challange to traffic violations at the Clerk Magistrate level (i.e.: before you suffer 7 years of surcharge rate increases on your insurance policy). Call us. We can assess your situation and needs in a FREE INITIAL CONSULTATION.

     We will update this page with other issues as they are decided by the Courts and may affect you.Thank you for your interest!