Franchek Law, LLC Counselors at Law
	PRINCIPAL James S. Franchek concentrates on insurance defense, civil litigation with an emphasis on non-competition trade secret litigation, discrimination, premises liability/negligent security, product liability, defamation, legal malpractice, condominium law and personal injury claims. Of note, in 2005 Jim 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 is an associate attorney at Franchek Law. 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 is admitted to the Bars of the Commonwealth of Massachusetts and the United States District Court for the District of Massachusetts. While in law school, Mark worked at a Boston firm specializing in toxic tort defense and the Boston office of a national 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 Lawyers Association, Gridiron 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             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. 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. SATELLITE OFFICE: 7 Winn Street, Woburn, Massachusetts 01810 Tel: 781.938.3525
	Copyright © 2010 Franchek Law, LLC, All Rights Reserved. Material presented on the Franchek Law, LLC website is intended for information purposes only.  It is not intended as professional advice and should not be construed as such.  Any unauthorized use of material contained herein is at the user’s own risk.  Transmission of the information and material herein is not intended to create, and receipt does not constitute, an agreement to create an attorney-client relationship with Franchek Law, LLC or any member thereof.