Civil Litigation

When the Going Gets Tough

Reaching a resolution in a civil dispute can be a grueling process. You and the opposing side may have conflicting interests and may be reluctant to compromise. If you find yourself in this situation, you need experienced legal counsel that is not afraid to tackle tough legal questions.

Handling Your Case Inside and Out

Our Boston litigators have extensive experience representing individuals in complex civil cases. Although we explore all options for resolution, we stand ready to go to trial on your behalf. Our training and record of successfully arguing the critical, high-stakes motions that decide a civil case make us a formidable opponent.

From Trial to Appeal

Because we are successful trial lawyers, we are uniquely positioned to assist trial teams in identifying potential appellate issues at the early stages of litigation and to ensure that they protect the record for appeal. And, because we are effective appellate practitioners, we can tackle technical, unsettled legal issues in any area of the law. Our legal team is ready to take each civil case from filing through trial, and on to appeals if necessary.

Put a Strong Legal Team to Work for You

There is no issue too thorny or unsettled for our team to master. We have brought constitutional challenges to government policies and agency regulatory action, sued under the state Civil Rights Act, litigated complex tort cases, and represented clients in complex contract disputes and employment matters. Representative matters include:

  • Successfully represented an individual in a First Amendment lawsuit against a Massachusetts town.
  • Won a jury trial in a complex negligence case raising questions about the scope of an employer's responsibility to protect an employee against off-site injuries.
  • Filed a petition for review of agency regulatory action on behalf of an airline passenger with a metal hip, arguing in the First Circuit that a TSA policy requiring passengers with metal implants to undergo invasive pat-downs of their entire bodies was a violation of passengers’ rights under the Fourth Amendment to the U.S. Constitution, which guarantees individuals freedom from unreasonable searches, and rights under the Rehabilitation Act, which prohibits federal programs from discriminating against people with disabilities.
  • Represented female student groups who challenged a university policy that burdened their rights to freedom of association and to be free of gender discrimination.
  • Mounted a vigorous defense to a lawsuit against a marijuana dispensary that raised novel legal claims and sought more than $80 million in damages under federal law.
  • Won an arbitration decision in a partnership dispute over the construction and sale of Boston real estate.
  • Won a wrongful death lawsuit on behalf of the plaintiff after trial and successfully settled a multi-defendant products liability case.

We are available to consult on litigation strategy, to prepare and argue difficult motions, or to handle a challenging case from the time of filing through to verdict, and through the appeals process if necessary.

Ready to Represent You

If you want to speak to a civil litigation attorney, contact us at 617-742-6020 or complete our contact form.

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Client Reviews
I hired Mr. Duncan to deal with a very sensitive issue that my daughter had. Since the first contact, I had a very good impression of him. He transmitted confidence and appeared to know exactly what to do. I called and emailed him many times, he was polite and comprehensible with the anxiety of a father and appeared to know every step to solve the case. I strongly recommend Mr. Duncan. Flavio Lajoia
If you are reading this review, it means either you or a family member is in trouble and needs immediate legal counsel. Please know your search can end right now because Zalkind, Duncan & Bernstein is the law firm to hire. They are honest, responsive, compassionate and have the experience and expertise to bring... Client
I contacted Zalkind Duncan & Bernstein to assist with a Title IX case. From our initial conversation, Naomi Shatz had a strong understanding of Title IX policies and conducted each step of the process with professionalism, honesty and a responsiveness that did not disappoint. Ms. Shatz displayed confidence and just as important, compassion when needed. Client
I worked with Emma Quinn-Judge and Monica Shah. And from my first contact on the phone, on to my first meeting in their office and during the trial, I found them and the firm's entire team to be a group of consummate legal professionals who are very knowledgeable, patient, dedicated, fair, honest and caring... Chantal C.
I am forever grateful to all the staff at this firm, but in particular, Ms. Shah, Mr. Zalkind and Mr. Silverglate. They represented my son who was being sought for extradition to Scotland. The case took years to fight, covering new legal ground, setting precedence. But each one of these legal eagles went above and beyond the duty of office... Suzanne D.