Attorney William M. Driscoll

Law Office of William M. Driscoll
119 Drum Hill Road #381
Chelmsford, MA 01824-1505

978-846-5184
wmd@driscollesq.com

People are often surprised to hear that I am a lawyer because I am an approachable, outside-the-box thinker who listens. I credit my Eagle Scout training for the breadth of my curiosity and my desire to help others.

I focus my legal practice on what I enjoy. Appellate litigation requires the tenacity to examine and pursue a problem from all angles in order to find a viable solution. That solution must then be effectively argued, in writing and orally, to a panel of judges. The challenge is intense. My amateur radio law practice allows me to engage my legal and technical training to help fellow ham radio operators.

Post-conviction and criminal appeals ensure that the Constitutional rights of the accused are protected. At this stage the issue is not guilt or innocence. It is about preserving a free society where the balance between the public interest and individual freedom from governmental interference must tilt in favor of individual freedom.

Massachusetts Probate & Family Court appeals affect the very fabric of society. They are fact intensive and involve a huge range of legal concerns. My ability to effectively synthesize facts and applying the law has resulted in reversals for my clients and for the advent of new law.

My clients appreciate that I keep costs down and travel to meet with them because I run a virtual law office. My appellate practice is statewide and my amateur radio law practice is nationwide. There simply is no better location from which to accommodate my clients. I can forego the overhead costs of a traditional "brick-and-mortor law office" and pass the savings along to my clients by way of lower attorney fees.

I am well situated to these practice areas because I am inquisitive, possess a keen attention to detail, and possess finely honed legal research, analysis and presentation skills. I also enjoy the subject matter. I have negotiated, mediated, and litigated a broad range of legal issues. I possesses hands-on legal, business, management, and technical work experience. I also have experience in risk management, project management, and communicating with diverse audiences.

I achieved notoriety in the field of electronic warfare, forensics and cyber security in my prior career. My research, design, development, and project management efforts resulted in next-generation technology innovations for government agency and military applications requiring extreme time constraints, zero-error tolerance, and communications with a diverse population. Technical efforts required diverse expertise, including: operating system internals, network protocol analysis, covert channels, codes and cyphers, raw data retrieval and reconstruction, vulnerability and penetration analysis, intrusion detection, zero-day vulnerability analysis, incident analysis and response, social engineering and premises security.

Court Admissions:

All Courts of the Commonwealth of Massachusetts

United States District Court, District of Massachusetts

United States Tax Court

United States Court of Appeals for the First Circuit

Certifications:

Collaborative Law, by Massachusetts Collaborative Law Counsel

Federal Communications Commission (FCC) Technician Class Amateur Radio License

Mediation, by Divorce Mediation Training Associates

Education:

New England School of Law, Juris Doctor with honors

  • • President Anna E. Hirsch Award
    • New England Scholar Award
    • Technical Editor, New England Journal on Criminal and Civil Confinement
    • National Appellate Tax Moot Court Competition

University of Massachusetts, Master of Science, Mathematics

  • Concentration: Discrete Mathematics, Algorithms & Number Theory

Worcester State College, Bachelor of Science with honors

  • Major: Communications

American Bar Association

  • • Judge, National Appellate Advocacy Competition

American Radio Relay League (ARRL)

  • • Volunteer Counsel Program

International Association of Privacy Professionals (IAPP)

Massachusetts Bar Association

  • • Appellate Bench Bar Committee

Massachusetts Committee for Public Counsel Services

  • • Post-Conviction and Criminal Appeals Panel

National Rifle Association (NRA)

  • • Benefactor Member

New England Law | Boston

  • • Past Adjunct Professor, Legal Research and Writing II (Appellate Advocacy)
  • • Alumni Ambassador
  • • Student Mentor Program
  • • Past National Appellate Tax Moot Court Coach

Scribes, The American Society of Legal Writers

Sample Appellate Results:

Commonwealth v. Clay, 90 Mass. App. Ct. 1124 (2017) (unpublished Rule 1:28 decision)

  • Convictions reversed and case remanded for new trial because the prosecutor violated Mr. Clay's Constitutional rights by questioning his post-arrest silence in violation of Doyle v. Ohio.

In re Estate of Galatis, 88 Mass. App. Ct. 273 (2015)

  • Defeated an appeal by a town in Greece contesting a Will on the grounds that the decedent lacked the requisite testamentary capacity at the time he executed his Will.

Ventrice v. Ventrice, 87 Mass. App. Ct. 190 (2015)

  • Created new law: no trial court may condition an individual's access to the court upon pre-litigation mediation, to do so violates our Constitution. Further obtained a reversal of divorce custody orders.

Kelcourse v. Kelcourse, 87 Mass. App. Ct. 33 (2015)

  • A prenuptial agreement will be held unenforceable on contract law principles when the husband's neglect of the principal residence leaves the wife a house with negative equity, with documented structural issues, with documented code violations, and with extremely costly needed repairs and renovations.

St. Dennis v. St. Dennis, 2014-J-0141 (2014) (interlocutory appeal)

  • Reversed a pre-trial removal order that permitted the relocation of a child from Massachusetts to Arizona during a divorce case. The child was returned to Massachusetts and the custody dispute was placed back on equal footing for resolution at trial.

Swistak v. Stelmokas, 83 Mass. App. Ct. 11 (2013) (unpublished Rule 1:28 decision)

  • Reversed and remanded for trial the dismissal of this grandparent rights action where the trial judge incorrectly interpreted the grandparent visitation statute and denied the grandparent's Constitutional right to due process.

Publications & Presentations:

Author: Appeals Court Overturns Mandatory Pre-Litigation Mediation, published in the Family Mediation Quarterly by the Massachusetts Counsel on Family Mediation (14 Fam. Mediation Q. 3, Spring 2015).

Author: Rule 56(f): Precursor to a Substantive Opposition to Summary Judgment, published in the Massachusetts Law Review by the Massachusetts Bar Association (95 Mass. Law Rev. 171, June 2013).

Adjunct Professor, New England Law | Boston, Legal Research and Writing II (Appellate Advocacy), 2013.

Author: Information Security: A Business Necessity for Mediators, published in the Family Mediation Quarterly by the Massachusetts Counsel on Family Mediation (8 Fam. Mediation Q. 20, Summer 2009).

Seminar Chair/Presenter: Ready for Compliance? New Security Regulations Affecting All Collaborative Professionals, hosted by the Massachusetts Collaborative Law Counsel on February 26, 2009.