Local Counsel

Law firms from across the country regularly call on Tymann, Davis & Duffy to serve as local counsel when they have matters pending in Massachusetts, including lawsuits in our state and federal courts. TDD’s partners have practiced in courts and tribunals in all 14 of the state’s counties, so we know these venues well and are well-positioned to provide traditional local-counsel services when asked. Our past local counsel engagements have included advising on local laws, rules, customs, and personalities; assisting with court filings and service of pleadings; and covering court appearances. We can also take on a more substantive role as needed, including working with lead counsel to develop strategy, drafting briefs and other documents, conducting discovery, taking local depositions, and handling motion practice as the case proceeds. Additionally, we also regularly assist out-of-state clients in serving and enforcing subpoenas in Massachusetts for use in lawsuits pending outside of Massachusetts.

Successful outcomes for our Local Counsel clients include:

• Advised Texas counsel and client regarding Massachusetts law concerning force majeure (“act of god”) provisions in commercial lease under COVID-19 shutdown orders.

• Advised Colorado counsel and client, a subsidiary of a multinational restaurant supply company, in a breach of contract dispute and successfully moved for dismissal of all claims on the grounds that the Massachusetts court lacked personal jurisdiction over the client.

• Assisted New York counsel to serve a subpoena on Massachusetts-based company and successfully moved to compel a witness deposition and production of documents for use in litigation pending in New York.