Experience

Attorney Joyce Frank’s practice includes all phases of civil litigation and appellate practice. She litigates in federal and state courts on a broad range of issues, including First Amendment, civil rights, tort claims, contracts, licensing, and police conduct. She has also successfully argued numerous appeals before the Massachusetts Appeals Court, the Supreme Judicial Court and the United States Court of Appeals for the First Circuit.

As an authority in municipal law, Attorney Frank represents municipalities throughout the Commonwealth in municipal finance, open meeting law, public records law, town meeting procedures, licensing, and local regulation. She also counsels clients regarding compliance with state and federal laws, and assists municipalities in drafting local legislation and regulations. Additionally, Attorney Frank coordinates the firm’s litigation and insurance defense program, including compliance, reporting, early dispute resolution, and risk management.

Representative Matters

• Stone-Ashe v. Rockport, 68 Mass. App. Ct. 1112 (2007). Court upheld and clarified lower court ruling that an easement grant created a public right of foot passage over coastal property.
• Connell v. Board of Selectmen of Harwich, 215 F.3d 1311 (2000) (Unpublished). Upheld dismissal, as outside the statute of limitations, of suit against municipal officials alleging a conspiracy to deprive plaintiffs of their civil rights in connection with the approval and permitting process for operation of a lodging house and restaurant. The Court rejected a theory of “continuing violations” reaching back to the pre-limitations period.
• Aulson v. Town of Georgetown, 83 F. 3d.1 (1st Cir. 1996). Court affirmed district court’s dismissal of case, in which plaintiff alleged civil rights violations, including conspiracy based upon plaintiffs’ political viewpoints.
• National Amusements v. Town of Dedham, 43 F. 3rd 731 (1st Cir. 1995), cert denied, 115 S. Ct. 2247. Court upheld a town by-law prohibiting late night film shows in movie theatres against a First Amendment challenge.
• Freeman v. Planning Board of West Boylston, 419 Mass. 548 (1995), cert denied, 516 U. S. 931 (1995). Court reversed jury verdicts in favor of civil rights plaintiffs and entered judgments in favor of a town and individual members of a planning board.
• DeCota v. Town of Stoughton, 23 Mass. App. Ct. 642 (1994). Established right of town to set off unpaid taxes and other obligations against funds paid out by municipalities.
• Barlow v. Town of Wareham, 401 Mass. 408 (1988). Court upheld constitutionality of town regulation restricting commercial harvesting of shellfish to residents or taxpayers of town.
• Benevolent & Protective Order of Elks, Lodge No. 65 v. Planning Board of Lawrence, 403 Mass. 531 (1988). Court upheld judgment for Emerson College, its president and City of Lawrence dismissing civil rights suit and upholding legality of Urban Renewal Plan based upon relocation of Emerson College to Lawrence.
• Alexopoulus v. Board of Selectmen of Stoughton, 13 Mass. App. 1101 (1982). Court upheld rollback of entertainment and liquor licenses of nude dancing establishments against constitutional challenge.

Prior Experience

City Solicitor’s Office, Newton, MA
Assistant City Solicitor (1978-1980)
Responsible for overseeing major construction litigation in the Federal District Court and represented the City in a wide range of areas, including public bidding procedures, construction law, contracts, conservation matters, tort, civil rights, and constitutional litigation. Advised city departments and represented the City before state administrative agencies as well as state and federal courts.

City Solicitor’s Office, Waltham, MA
Staff Attorney (1977-1978)
Served as legal counsel and liaison between Mayor’s office and other city departments.

Memberships & Affiliations

• Massachusetts Bar Association, Municipal Law and Litigation Section
• Women’s Bar Association, Amicus Committee

Bar & Court Admissions

• Massachusetts Bar
• U.S. District Court (Mass.)
• U.S Court of Appeals for the First Circuit
• U.S. Supreme Court

Education

Boston University School of Law
Juris Doctor, 1977

Smith College
Bachelor of Arts, cum laude, 1974

Publications

• Author, “Indemnification Under The Massachusetts Tort Claim Act: Government As Insurer, Maimaron v. Commonwealth, 449 Mass. 167 (May 14, 2007),” Massachusetts Law Review, Case Comment (to be published Fall 2008)
• Author, “Insurance Coverage for Municipalities,” Chapter 19 of Massachusetts Municipal Law (MCLE, Inc. 2002)
• Author, articles for Landlaw

Speaking Engagements

• Frequent speaker for various municipal associations on the Open Meeting Law, Municipal Tort Liability, Municipal Insurance, Regulation of Entertainment Establishments and Adult Entertainment, Regulation of Liquor Licensed Establishments, and Laws Relating to Coastal Communities.

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