David A. LaPointe, Esq.

05/27/2026

As I enter my 19th year as a solo practitioner, l am grateful to the many, many clients that have had the confidence in me to represent them in their cases, both civil and criminal, with successful outcomes. But sometimes, things just don’t work out and the client’s expectations are not met. This happens a lot in family law. Each case is different. Each client is different. Each legal strategy is different. Each attorney-client relationship is different. Each outcome is different.

I fully understand that dealing with any legal process in family and criminal court can be stressful and highly emotional so it is my job to provide my clients with an objective legal assessment all along the way while always doing my best to meet my client’s goal.

And while I cannot guarantee a particular outcome in your civil or criminal case, I can guarantee I will work very hard on your behalf to get you the best possible outcome based upon the facts of your case. But if things don’t work out, I recognize and understand that everyone’s situation is different and their idea of justice may be different as well.

Despite the many challenges of being a solo practitioner, I look forward to continuing to be a problem solver and zealous advocate for all my clients.

Give me a call if I can help you with a criminal or civil matter, divorce, custody, grandparent visitation, personal injury or estate planning. Free consult. Appointments only. 978-894-3540.

05/25/2026

Closed today…

05/22/2026

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1. Represented client in fugitive from justice case in Gardner District Court. Obtained an attorney in Pennsylvania for client. Argument for reduced bail was allowed and client went to Pennsylvania where he was arraigned and released and allowed to come back to Massachusetts while his case is pending.

2. After multiple negotiations, I was able to reach fair and reasonable separation agreements in 2 divorce cases in Worcester Probate and Family Court.

3. Settled motor vehicle personal injury claim for 2 clients (driver/passenger): Got $17,000.00 from the at-fault driver's insurance company with 20/40 policy limit with multiple injuries.

Need representation for a criminal case, family law case or personal injury claim? Give me a call at 978-894-3540. Free consult. Let me protect your rights!

05/15/2026

My intern, Lily Harris (ORHS ‘26) goes to court! She is pictured here with ADA Jay Marshall Shenk (ORHS ‘03). Spartan Pride! ⚖️

05/14/2026

04/16/2026

PSA: Grandparent Visitation

Parents have a fundamental right that is protected by the United States Constitution when it comes to making decisions about their children. A grandparent is not automatically entitled to visitation with a grandchild. But, Massachusetts does have a legal process where grandparents are allowed to petition the Probate and Family Court for court-ordered visitation. It is only allowed in certain circumstances, for example divorce, unfit parent or the death of one or both parents.

In their supporting Affidavit, a grandparent must show that the failure to grant visitation will cause the grandchild significant harm. Specifically, the grandparent must prove that the failure to grant visitation will cause the grandchild significant harm by "adversely affecting the child's health, safety or welfare." It is a high standard, but not insurmountable. It will ultimately depend upon the facts of your case as stated in the Affidavit. If the Affidavit is not sufficient, then the Probate and Family Court is required to dismiss the Petition.

In fact, the Massachusetts Appeals Court (Martinez vs. Martinez-Cintron, 2018), ruled that "a parent's decision to limit visitation is presumed valid" absent the demonstration of significant harm in the Affidavit. This case was filed in the Worcester Probate and Family Court by a grandparent here in Winchendon. The petition was later dismissed following this ruling.

Therefore, it is important to have an experienced family law attorney prepare your Petition for Grandparent Visitation and supporting Affidavit. Feel free to reach out to me for a a free case review and to discuss your options. Call 978-894-3540, or DM me.

04/13/2026

Free consult. Call 978-894-3540.

04/08/2026

Worcester County Sobriety Checkpoint

01/19/2026

My office is closed today in honor of Dr. Martin Luther King, Jr. and to renew my commitment to justice for all my clients in 2026. ⚖️