On March 4, 2015, Attorney Murphy persuaded the Cambridge District Court to vacate its order issuing an “execution” against his client, a tenant, for violating an “agreement for judgment”. Prior to retaining Attorney Murphy, the client and her former landlord entered into an agreement for judgment in lieu of a costly eviction trial. The landlord then filed a motion for issuance of the execution alleging that the client breached the agreement for judgment. The court agreed with the landlord and found the client in breach of the agreement.
The client was dismayed by the process, particularly where she now had a judgment against her.
The client then retained Attorney Murphy. Attorney Murphy drafted a motion to reconsider the issuance of the execution. Typically, motions to reconsider are never granted. Attorney Murphy, however, persuaded the court that for purposes of justice and equity, the landlord’s motion should never have been issued in the first place. The court agreed.
Attorney Murphy’s understanding of the balance between law and equity was paramount to his client’s success in this matter. Attorney Murphy would urge any landlord or tenant to seek assistance of counsel when dealing with motions for reconsideration because courts will only reverse their orders when exceptional circumstances are present.