Significant Information

NOTABLE EVENTS:

McGrath & Kane First-Tier Firm – January 2014

As Published in U.S. News & World Report; and Best Lawyers in America

Honored Recipient:

On May 1, 2012 at the Boston College Law Day celebration, held at the Boston Seaport Hotel, Paul M. Kane was the honored recipient of the Daniel G. Holland Lifetime Achievement Award.  The Holland Award is presented to an individual whose life exemplifies the ideals of professionalism and service, and has over the course of their lifetime, made significant contributions to the Law School and the community. 

paul-mk-bcFr. Monan was the honored recipient of the St. Thomas More Award, an award that recognizes a member of the legal community who represents, in their professional and private life, the ideals of St. Thomas More. 

 

J. Donald Monan, S.J., Chancellor, 
Boston College 
and Paul M. Kane, Esquire  

 

 

CASES:

McGrath and Kane has extensive experience before the Single Justice of the Appeals Court, the full panel of the Appeals Court, Single Justice of the Supreme Judicial Court and full bench of the Supreme Judicial Court. The following represents only a small portion of the case law in which McGrath and Kane was involved, but which cases have lasting effect on the landscape of family law.

Bernier v. Bernier, 449 Mass. 774 (2007)

Among other issues, the Bernier case presented a “novel” question of whether it was proper to discount the value of an S Corporation by “tax affecting” income at the rate applicable to C Corporations where one spouse received ownership of all shares of the S Corporation after divorce and the other spouse was required to relinquish all ownership in the business.  It should be noted that the case was remanded to the Probate and Family Court for further hearing consistent with the opinion.  After entry of further judgments, the Bernier case was again appealed.  Oral Argument before a panel of the Appeals Court occurred on January 11, 2012, and the decision remains under advisement.

Caffyn v. Caffyn, 441 Mass. 487 (2004)

The Caffyn case raised the first impression question of whether a plaintiff in a divorce action who has not complied with the one year residency requirement of GLM 208:5 may, nevertheless, satisfy the alternative jurisdiction requirements of Section 5 by asserting domicile after a brief period of residence upon a claim that the cause for the divorce (in this case irretrievable breakdown of the marriage under GLM 208:1B) occurred in Massachusetts.  The Supreme Judicial Court decided that a plaintiff domiciled in Massachusetts could satisfy the jurisdictional requirements of GLM 208:1B by making a “subjective determination” that the marriage became irretrievably broken with the Commonwealth of Massachusetts.

D.L. v. G.L., 61 Mass. App. Ct. 488 (2004)

This case dealt with the question of whether the Husband’s interests in seven ancestral trusts should be included in the marital estate for the purposes of division pursuant to GLM 208:34.  Since the Husband’s interest was contingent in nature and were under the absolute control of an independent trustee, those interests were excluded from the marital estate.

 

SELECTED PUBLICATIONS AND LECTURES

Problems and Cases in Family Law Advocacy
(1st, 2nd, 3rd, 4th & 5th Editions)

Practical Evidentiary Problems in Domestic Relations Litigation, with Inker and Sweeney, 1985

Domestic Relations Evidence and Advocacy, with Inker and Sweeney, 1985

Contributing Author, Valuation, Massachusetts Family Law Manual, 1986

 Co-Editor, Massachusetts Family Law Manual, 1989

 Valuation and Division of Marital Assets, 1985-1986

Valuation of Marital Assets, Flaschner Judicial Institute, 1987, 1989

Expert in Residency Series, 1989

Financial Statements, 1989

How to Read and Analyze Financial Statements and Tax Returns, 1990, 1991, 1993

Bankruptcy and Divorce, 1990, 1991, 1993

Evidence, Flaschner Judicial Institute, 1992

Valuation of Real Estate Interests and Business Interests, Flaschner Judicial Institute, 1992

Pre-Bankruptcy Planning for the Middle and Upper Income Clients, 1992

Massachusetts Domestic Relations – The Substantive Law, with Rotenberg, 1992

Commentator – Family Law Update – Audiotape Series

Family Law Trial Advocacy Workshop, Massachusetts Continuing Legal Education (MCLE) 1988 – 2013

Family Law Trial Advocacy, ed. 1998, 1999, 2000

Leader – Bench/Bar Conference, Flaschner Judicial Institute, 1995, 1997

Best Interests of the Child: Where Needs & Rights Compete, Massachusetts Association of Guardians ad Litem, 1995

Effects of Family Violence on Children, AFCC Annual Meeting & Workshop, 1996

Guardian ad Litem Seminar, Massachusetts Continuing Legal Education (MCLE), 1996

Effective Use of ADR in Family Law Cases, Massachusetts Continuing Legal Education (MCLE), 1997

MEGA Consulting Conference – A Day in the Life of a New CPA: No Tax, No Audit, Massachusetts Society of Certified Public Accountants, Inc. Educational Foundation, 1998

Evidence Seminar, Massachusetts Bar Association, 1998, 2000

Business Valuation, Massachusetts Society of CPA’s, 1998

Difficult Evidentiary Issues in Probate and Family Court Cases, Massachusetts Bar Association, 1999

Family Law Conference, Massachusetts Continuing Legal Education (MCLE), 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2010; 2012

Valuing Employee Benefits in Divorce, Massachusetts Continuing Legal Education (MCLE), 1999

Modification of Divorce Judgments, Massachusetts Continuing Legal Education (MCLE), 2000

A Case for the Experts, Massachusetts Continuing Legal Education (MCLE), 2000

Divorce.Com, Massachusetts Continuing Legal Education (MCLE), 2000

Valuation of Assets in Divorce, Suffolk University Law School, 2000

How to Try a Child Custody Case, Plymouth County Bar Association, 2000

Evidence, Massachusetts Continuing Legal Education (MCLE), 2000

Stock Options and Executive Compensation, Massachusetts Bar Association, 2001

Modification of Divorce Judgments, Massachusetts Continuing Legal Education (MCLE), 2002

Examining Experts in Divorce Cases, Suffolk University Law School, 2002

Stock Options/Valuing Employee Benefits in Divorce Cases, Massachusetts Continuing Legal Education (MCLE), 2002

How Trusts Factor Into Divorce Agreements, Massachusetts Continuing Legal Education (MCLE), 2003

Post Judgment Remedies in Probate & Family Court, Family Law Section/Probate Court Committee, Worcester County Bar Association, 2004

Family Law Conference, Massachusetts Bar Association (MBA), 2004

Using the Latest Technology in Managing and Presenting Domestic Relations Cases, Massachusetts Continuing Legal Education (MCLE), 2005

Divorce Law Update, Massachusetts Continuing Legal Education (MCLE), 2005

The Two Income Marriage Dissolution, Massachusetts Continuing Legal Education (MCLE), 2005

Enhance Your Family Law Financial IQ, Massachusetts Continuing Legal Education (MCLE), 2005

How The Experts Try Relocation Cases, Suffolk University Law School/American Academy of Matrimonial Lawyers (AAML), 2006

Evidence, Fall Judicial Conference for Judges, 2006

Advanced Evidence for the Probate & Family Judge, Flaschner Judicial Institute, 2007

Advanced Evidence for the Lawyers, Flaschner Judicial Institute, 2007

Domestic Relations (Six-Part Symposia), Senior Partners for Justice, 2007

Overview of Family Law; Discovery; Custody; Paternity; Pre-Trial and Trial Matters;

Contempt & Modifications

What’s Fair – Valuations After Bernier v. Bernier, Massachusetts Bar Association, 2007

Litigation Issues for GAL’s, AFCC, MAGAL & Flaschner Judicial Institute, 2007

Domestic Relations (Six-Part Symposia) Massachusetts Bar Association, 2008

Overview of Family Law; Discovery; Custody; Paternity; Pre-Trial and Trial Matters;

Contempt & Modifications

Complex Issues in Valuing Divorce Assets, Massachusetts Continuing Legal Education, 2008

Business Valuation Expert Witness Symposium National Association of Certified Valuation Analysts, Massachusetts Chapter, 2008

Paul Kane Online – Three-Part Series, Massachusetts Continuing Legal Education, 2010

A Dialog on Complex Divorce Related Business Issus

Ginsburg & Friends, Massachusetts Continuing Legal Education, 2010

The Relationship between Lawyers and the Press; Evolution/Revolution of the Probate & Family Court; the Role of CLE in the Practitioner’s Life

Adams v. Adams – Webcast, Massachusetts Continuing Legal Education, 2011

Paul M. Kane, Chair, Valuation of Partnerships, Compensation Structure in Partnerships; Personal Goodwill

Family Law Conference, Massachusetts Bar Association, 2011

Parent Alienation: Strategies for Identification, Client Management and Remedying

Bernier Five Years Later – Webcast, Massachusetts Continuing Legal Education, 2012

Paul M. Kane, Co-Chair, What Have We Learned and Where Are We Going?

The Evolution of Business Valuation in the Courts, New England Regional Educational Program, American Academy of Matrimonial Lawyers (AAML), 2013