Representative Cases

Proven Results from a Proven Advocate

The below cases represent just a portion of some of the successful outcomes Attorney Cloutier has obtained on behalf of his clients:

July, 2013 (Criminal Defense)
– successfully argued in the West Roxbury Division of the Boston Municipal Court for a dismissal of a criminal charge of Leaving the Scene of Property Damage on behalf of a client that is a member of the United States Army Reserve and a decorated Veteran of the war in Iraq. 

June, 2013 (Criminal Defense)
- shortly after being arrested and spending 17 hours in jail over the weekend, I successfully argued, in the West Roxbury Division of the Boston Municipal Court, for dismissal of a complaint charging my client with malicious destruction of property on the ground that the alleged property destroyed did not belong "to another" as required under the statute. 

May, 2013 (Land Use / Zoning) -
client retained attorney Cloutier to defend the client's property against the neighbor's claim of ownership of a large portion of my client's land.  After living on his property for forty-five years, the client's neighbor claimed that my client's boundary line encroached onto the neighbor's land.  After researching various land records and instruments of title, attorney Cloutier argued that his client owned the land in dispute by adverse possession.  Subsequent negotiation resulted in an amicable resolution that resulted in my client purchasing the neighbor's entire parcel of property.

February, 2013 (Landlord/Tenant and Servicemember’s Civil Relief Act)-
represented a Lieutenant Colonel in the United States Army Reserve whose landlord failed to honor provisions of the Servicemembers Civil Relief Act pertaining to the payment of rent following the receipt of activation orders to a new duty station in the Midwest.  Attorney Cloutier negotiated a settlement that balanced his client's right to his excess rent and the practicality of his being able to present himself for a trial on the merits due to his geographic location.  Through negotiation, Attorney Cloutier was able to recover an amount of rent 260% greater than the landlord's initial offer.

January, 2013 (General Litigation) -
In a defense action on behalf of a client sued pursuant to the State's Fraudulent Transfer Act, attorney Cloutier negotiated a settlement that involved the dismissal of all counts against his client while maintaining his client's creditor rights to enforce a promissory note previously secured by a mortgage.  The settlement did not require the client to pay any damages even though the  Pre-suit demand for damages was more than $100,000.

December, 2012 (Consumer Protection) –
Attorney Cloutier obtained a pre-suit settlement with a Massachusetts car dealership following his client’s purchase of a defective motor vehicle.  Utilizing the Massachusetts’ Lemon Aid Law, attorney Cloutier argued that the vehicle’s failed inspection within seven days of purchase entitled his client to a full refund.  Faced with a demand for settlement and facing a potential consumer protection lawsuit, the dealership agreed to repossess and fully refund the car. 

December, 2012 (Criminal Defense) –
71 year old client was charged with Negligent Operation of a Motor Vehicle following her involvement in a four-car accident in Georgetown, MA.  Attorney Cloutier successfully advocated for the denial of the criminal complaint before the clerk magistrate.  Attorney Cloutier’s presentation of photographs from the scene and his identification of numerous shortcomings in the Police Department’s investigation of the accident contributed to the clerk’s decision that there was no probable cause to support the criminal charge. 

November, 2012 (Criminal Defense) -
Successfully argued, in the Concord District Court, against the issuance of criminal charges during a show cause hearing before a clerk magistrate which prevented the 18 year old client from having an adult criminal record.  Client was 18 year old with a minor juvenile record.  Shortly after his 18th birthday, the client was involved in a single-car, motor vehicle accident that caused property damage to a state-owned traffic light.  Client reported the accident to the local police the following day.  Local police filed charges of leaving the scene of property damage and negligent operation of a motor vehicle.  Following oral argument, the clerk magistrate continued her finding for 9 months pending the client's agreement to pay restitution to the State for the cost of repair of the sign.

October, 2012 (Consumer Protection) -
Negotiated a pre-suit settlement with a local used car dealer after sending a chapter 93A consumer protection demand to the offending dealer.  The settlement included a return of and full refund for the car as well as payment of attorney's fees resulting in a net financial benefit of $8,400 to client.  This disptue arose out of the client's purchase of a motor vehicle that the dealer promised was "in good condition."  However, the car began to exhibit a number of mechanical and safety problems shortly after purchase.  The dealer ignored several repair requests made by the client.  Attorney Cloutier's investigation revealed a number of prior consumer complaints that had been lodged against this same dealer that were similar in nature to his client's predicament.  His investigation also revealed that the dealer violated a number of consumer protection laws and regulations in its dealing with client that included, but was not limited to: selling motor vehicle with a valid inspection sticker, misrepresenting the operating and safety condition of the motor vehicle and a breach of the implied warranty of merchantability.

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