Franchek Law, LLC

Counselors at Law

PRINCIPAL  

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

            Of note, in 2005 Jim has recently resolved two major litigations in his clients’ favor. The first involved the wrongful death of a 19 year old woman for $1,150,000.00. He also achieved a judgment in favor 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, excluding the prior settling defendants for a total judgment of over $8,815, 000.00.  

            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 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 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. He was elected again to serve as President of CAI-New England’s attorney’s committee for 2006. 

            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 pro hac vice 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. 

ASSOCIATE

            Mark T. Heinzelman recently joined Franchek Law as an associate attorney. His practice focuses on civil litigation and commercial litigation, with an emphasis on insurance defense, product liability, premises liability, personal injury, discrimination, and chapter 93A claims.

           Mark graduated from the College of the Holy Cross in 2004 with a B.A. in English. He earned his Juris Doctor from Suffolk University Law School in 2009, where he was a member of the Dean’s List. Mark was admitted to the Bar of the Commonwealth of Massachusetts in 2009.

           During law school, Mark worked at a Boston firm specializing in toxic tort defense as well as the Boston office of a national boutique plaintiffs' firm where he worked on a wide variety of pharmaceutical, mass tort, and personal injury cases. His research has been published in the Massachusetts Continuing Legal Education text Chapter 93A: Rights and Remedies and the Toxic Tort Litigation Guide treatise (West Group Publishing).

           Mark is a member of the Massachusetts Bar Association and the Boston Bar Association. In college, Mark played defensive back for the Crusaders’ Division I-AA football team. He is active in the Holy Cross Gridiron Club, Varsity Club, and Alumni Club of Greater Boston. In addition, Mark serves on the Board of Directors of the Dan Allen Foundation, which assists the families of those affected by chemical sensitivities and neurotoxicity.

OF COUNSEL

            Adam M. Berkowitz graduated from Syracuse University in 1993 with a B.A from Suffolk University Law School in 2000.  While at Suffolk Law Adam was an Articles Editor for the Suffolk Transnational Law Review.  Adam was admitted to the Bar of the Commonwealth of Massachusetts in 2001. He is also admitted to practice before the United States District Court for the District of Massachusetts  

            Adam is a skilled litigator who regularly appears in all of the courts of the Commonwealth and has tried Superior Court cases to completion.   

             Malcolm H. Houck was born Ann Arbor, Michigan and educated in the Michigan and Concord, Massachusetts public schools. Malcolm graduated in 1969 from the University of Michigan and from Suffolk University Law School in 1972. He was admitted to the Massachusetts Bar in 1972.

             Malcolm’s practice since starting with Johnson and Johnson, the venerable Woburn Estate Tax and Trust Firm, has focused on: Real Estate Transactions of all types, Wills, Trusts, Estates, Guardianships, Divorce, Adoption, all aspects of the Probate Court Practice, Family Law Practice, Business, Business Corporations, Business Trusts, Partial Liquidations, Tax Reorganizations, and Tax Free Exchanges.

             Malcolm has been a continuing presence in the Woburn Community and has practiced at 7 Winn Street since approximately 1985. Malcolm and Jim have collaborated for the past ten years in coordinating: litigation, will contests, and a variety of other matters including zoning and eminent domain both on the local board level and on the larger litigation level. This collaboration has resulted in a significant benefit to the clients. Malcolm’s experience with the public permitting process includes appearances before local Boards of Selectmen, City Councils for special permits, and Zoning Boards of Appeal for variances and special permits. He has made numerous appearances before other municipal special permit granting authorities and licensing agencies for special permits.

             Malcolm has made appearances before the local Conservation Commissions with regard to environmental matters. He also has experience in working with licensed site professionals and engineers to resolve issues of ground and ground water contamination, regulated or self help environmental cleanup and redevelopment of former environmentally contaminated properties. He has handled appeals to and before the State Department of Public Safety with reference to state building code variances.

             Malcolm heads up the satellite office in Woburn, Massachusetts and has been a long standing presence in the Woburn Community. He is actively involved in special interests including the restoration of Classic Indian Motorcycles, and is an active and participating member in the Antique Motorcycle Club of America. Malcolm’s memberships include; the Massachusetts Real Estate Bar Association, United States Naval Institute, University of Michigan Alumni Association, Lars Anderson Auto Museum, Ontario and Western Historical Society and the Empire State Railway Museum.

             He also served as an incorporator of the Lars Anderson Museum of Transportation and is a member of the Board of Incorporation of Emerson (Hospital) Healthcare Services, Inc.

             Constance M. Neville has represented self insured business entities, individuals and insurance companies before state and federal courts and administrative agencies. She has experience in defense advocacy in cases involving products and premises liability, commercial and personal auto accidents, business and commercial litigation and bad faith settlement practices.

             Connie also has the expertise to advise individuals and small businesses in commercial real estate transactions and zoning and land use matters. Connie regularly sits as the attorney member of medical malpractice tribunals in Middlesex County. She has retained an “AV” rating with Martindale-Hubbell since 1990.

             Connie graduated from Skidmore College in 1976 with a B.A. in American Studies. She received her Masters in Museum Education from George Washington University in 1977. Before attending law school Connie was the administrator of an historic house museum in Virginia. Connie returned to Massachusetts and graduated from Northeastern University School of Law in 1985. She became a member of the Massachusetts Bar in 1985 and the United States District Court in 1986.

PARALEGAL SUPPORT

The Firm also maintains a full and extremely competent staff of paralegals. These highly valued members of the Firm serve to make the representational process more efficient and, moreover, more cost effective.

SATELITE OFFICES: 24 Muzzey Street, Lexington, Massachusetts, 02421

 7 Winn Street, Woburn, Massachusetts 01810 Tel: 781.938.3525

Copyright © 2009 Franchek Law, LLC, All Rights Reserved.