Proud To Provide Over A Century Of Service
James R. Loughman
Current Employment
- Senior Associate
Practice Areas
- Civil Defense Litigation and Appellate Practice
- Civil Plaintiff Litigation and Appellate Practice
- Estate Planning
- Probate (Estate) Litigation
- Medicaid Planning
- Non-Profit Organizations
Biography
I spend about one third of my time on litigation and appeals, resolving disputes after they have already arisen. The rest of my time is devoted to Medicaid and estate planning (helping clients minimize future problems for themselves and their loved ones), and probate cases (helping ensure their wishes are implemented after their deaths). I am privileged to work in a firm where I can split my time between such widely different practice areas. The variety keeps things interesting, and gives me a fresh perspective on how the law works. I work out of both the North Adams, Massachusetts and Bennington, Vermont offices.
Education
- University of Virginia School of Law, Charlottesville, Virginia
- J.D. - 1991
- Amherst College, Amherst, Massachusetts
- B.A. - 1988
- Major: Political Science
Bar Admissions
- Massachusetts, 1991
- U.S. District Court District of Massachusetts, 1995
- U.S. District Court District of Vermont, 2003
- U.S. Court of Appeals 1st Circuit, 1997
- U.S. Supreme Court, 1998
- Vermont, 2014
Classes and Seminars
- Elder Law Education Program, Massachusetts Bar Association, 2005 to Present
- After the Mass Health Application is Approved, MA Chapter of NAELA, 2010 to Present
- Estate Planning from A to Z-Client Screening and Intake/Key Element of Effective Wills, NBI, 11/29/2018 to Present
- Crossing Borders-Vermont Estate Planning, Probate & Guardianships, Massachusetts Chapter of NAELA, 06/13/2019 to Present
- Estate Planning from A to Z-The Comprehensive Estate Plan: Wills, Transfers during Life, Sample Documents, and Checklists, NBI, 10/24/2019 to Present
- The Prudent Investor Rule, Berkshire County Estate Planning Council, 09/11/2024 to Present
- New England Residual Conference, MA Chapter of NAELA, 11/01/2024 to Present
Published Works
- Insurance Policy Construction, Mass. Defense Lawyers Association Issue Update, Vol.8 No.1, 1998
- When Will an Insured's Disappearance Justify Denying Coverage?, Mass. Defense Lawyers Association Issue Update, Vol.8 No.1, 1998
Pro-Bono Activities
- Adams Free Library Board of Trustees, 1998 to Present
- Adams Historical Society, Executive Board, 1997 to Present
- Adams Outdoors for Youth, 2013 to Present
- Susan B. Anthony Birthplace Museum, Board of Directors, 2007 to Present
- Trout Unlimited, Hoosuck Chapter, Executive Board, 1993 to 2010
- St. Michael’s Society #359 of the P.R.C.U.A., Executive Board, 2003 to 2009
- Western New England University School of Law, Moot Court Judge, 2005 to 2009
- Berkshire Bar Association, Scholarship Committee, 1993 to 1995
- Adams Suffrage Centennial Celebration, 2017 to 2020
Professional Associations
- Massachusetts Bar Association, Member, 1992 to Present
- National Academy of Elder Law Attorneys, Member, 2002 to Present
- Massachusetts Chapter of the National Academy of Elder Law Attorneys, Member, 2002 to Present
- Berkshire County (MA) Bar Association, Member, 1992 to Present
- Berkshire County Estate Planning Counsel, Member, 2005 to Present
- Berkshire County Estate Planning Counsel, Board Member, 2024 to Present
Representative Cases
- Greenfield Country Estates Tenants Association v. Deep., 423 Mass. 81, 1996, Massachusetts Supreme Judicial Court
- Bohl v. Leibowitz, 1 F. Supp. 2d 67, 1998, U.S. District Court for Massachusetts
- Merchants Ins. Co. v. U.S. Fidelity & Guar. Co., 1,43 F.3d 5, 1998, U.S. Court of Appeals for 1st Circuit
- Cherkis v. Atlas Van Lines, 59 F. Supp. 2d 203, 1999, U.S. District Court for Massachusetts
- Vallone v. Donna, 49 Mass. App. Ct. 330, 2000, Massachusetts Appeals Court
- Wilson v. Copen, 244 F.3d 178, 2001, U.S. Court of Appeals for 1st Circuit
- Hopkins v. Liberty Mut. Ins. Co., 434 Mass. 556, 2001, Massachusetts Supreme Judicial Court
- O'Bert v. Vargo, 331 F.3d29, 2003, U.S. Court of Appeals for 2nd Circuit
- Commonwealth v. Bradley, 466 Mass. 551, 2013
Litigation
- 30%