Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: Kenneth J. Mickiewicz

Practice Focus and Experience

Ken Mickiewicz concentrates his practice in corporate and business law and related litigation. He has been counsel to both public authorities and private companies advising and counseling on operational situations, business problems and litigation in a broad range of areas, particularly real estate development, construction, commercial leasing, contracts, and risk management. Ken also has an active insurance and surety issues practice for both carriers and insureds.

Prior to entering private practice, Ken was an Assistant Corporation Counsel for the City of Boston, where he handled a variety of municipal law matters focusing on legislation, land use, construction and contract areas. Subsequently, in private practice, Ken was Town Counsel to several Massachusetts towns.

Representative Matters

Represented the acquirer in a complex divestiture of a division of a public utility in Boston.
Represented borrowers in multimillion dollar bond financings through a state agency.
Argued the first appeal involving the interpretation of the agricultural land tax statute (M.G.L. c. 61A) and then argued a series of M.G.L. c. 61A and B cases with a variety of different statutory issues.
Successfully argued an appeal to the Supreme Judicial Court abolishing the common law seal as sufficient consideration for a contract.
Represented a public authority in a case involving statutory construction of the enabling statute for the authority in a provision of the general laws.
Represented a city police chief through appeal in establishing that an investigatory video tape of a harassment allegation was not a public record under M.G.L. c. 4§7.
Overturned trial court decision denying standing and permitting client to challenge new construction on top of existing North End residential dwelling.

Representative Reported Cases

Knott v. Racicot, 442 Mass. 314 (2004) - Supreme Judicial Court decision abolishing the ancient common law doctrine presuming consideration for contracts signed "under seal." Though decision was limited to option contracts, Court noted that logic of decision applies to other types of contracts as well.

Professional

Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004.
Admitted: Massachusetts; United States Supreme Court; United States Court of Appeals for the First Circuit; United States District Court for the District of Massachusetts.
Member: Boston Bar Association (Member, Construction and Appellate Committees); Massachusetts Bar Association; American Bar Association (Member, Lawyer Business Ethics Committee and TIPS, Construction and Business Law Sections); National Association of Industrial and Office Properties.

Community Involvement