Lynette Paczkowski

Vacating findings of abuse by DCF

When DCF was called on one of Lynette’s clients, the timing was suspect: efforts to amicably reach a separation agreement had just fallen apart, and the spouse had filed for divorce. Nevertheless, DCF opened an investigation and issued a finding of abuse relating to an incident that had allegedly occurred some eight years prior. Lynette represented the client at the Fair Hearing, following which DCF reversed its decision. “DCF workers are good people trying to do the right thing, but sometimes the evidence and the facts don’t support their findings.” Lynette was a zealous advocate for her client, pointing out where the findings did not conform with the Department’s regulations and policies.

Winning payment in an arbitration for an architect

Lynette obtained an arbitration award in favor of an architecture firm, which had not been paid in full for work performed on a project. The other side argued that her client had actually been overpaid, claiming that the architect exceeded the authorized scope of work on the project. Lynette successfully demonstrated, primarily through invoices and copies of payments, that the owner knew or should have known the full scope of work being performed and billed, despite not having a signed contract or purchase order for the work in question. “Sometimes it’s not as simple as having a bulletproof contract. Sometimes you have to really dig into the documents and piece together what happened in order to prevail.”

Other experience

Family law and probate litigation

• Counsels and advises clients regarding division of assets, including whether inherited assets should be treated as marital or separate property
• Tried issues regarding where her client’s minor children should attend school after the divorcing spouse relocated to a different school district and sought to transfer the children to a school in that district
• Defended contempt actions brought by former spouse arising out of client’s obligation to remove him from the mortgage on the former marital home
• Prosecuted contempt action to enforce terms of Separation Agreement
• Successfully resolved competing complaints for modification involving removal of minor child to another state and resulting effects on child support, parenting time, and related issues
• Received a favorable decision from the Appeals Court affirming two extensions of a c. 209A Restraining Order issued against the divorcing spouse by the Probate & Family Court. We took the case on appeal, submitted a brief on behalf of our client, and argued the case before a panel of three Appeals Court justices, persuading the panel that the defendant’s due process rights were not violated and that the Trial Court’s determinations should not be disturbed
• Represents clients in modification actions arising out of increases and decreases in salary or earning capacity and employment/unemployment issues

Land use and construction

• Defends general contractors and subcontractors against contract, warranty and negligence claims
• Pursues payment and enforcement of mechanic’s liens on behalf of designers, contractors and subcontractors
• Reviews contracts and provides contractors with risk assessments and advice regarding contract provisions, including termination and indemnity clauses
• Drafts and revises contracts for contractors and owners
• Advises property owners with respect to payment claims and seeking damages for incomplete and defective work
• Successfully resolved negligence, M.G.L. c. 142A, and M.G.L. c. 93A claims on behalf of contractor
• Represented billboard owners in successful appeal of building inspector’s order to lower the height of the sign, briefing and arguing the case (regarding the applicability and interpretation of the town’s zoning by-laws) through to the Appeals Court
• Represented lake residents pursuing prescriptive easements in response to property owner’s declaratory judgment/title/trespass action concerning a right-of-way utilized by the residents for walking, running and bicycling around the lake
• Represented utility company in negligence/wrongful death action after detail officer was struck by a vehicle at the company’s work site
• Represented utility company in negligence action after worker suffered electrical contact injury during maintenance work on electrical infrastructure at office complex
• Successfully defended claims in excess of $2 million brought by a designer-builder against the owner of a senior living facility
• Assisted franchisee in resolving various disputes and bringing construction project through completion
• Represented private school in abutting property owner’s appeals of Conservation Commission and Zoning Board of Appeals decisions in connection with expansion project
• Represented utility company in enforcing easement rights against property owners blocking access