Heather V. Baer
Heather Baer has tried over 50 jury trials and approximately 100 bench trials. She has represented institutional and individual clients in litigation involving business disputes (including those involving allegations of fraud, unfair business practices and breach of contract) and real estate, tort, products liability, and probate matters. Heather practices regularly in the area of employment law, representing both employers and employees in court and before the MCAD in matters involving claims of discrimination and unlawful termination. Heather has also represented clients in matters involving the Department of Unemployment Assistance (DUA) and the Department of Children and Families (DCF) and those who seek the protection of a Chapter 258E Harassment Prevention Order or a 209A Abuse Prevention (Restraining) Order.
Heather regularly defends clients in serious white collar and other criminal matters in both the state and federal courts. She also represents the interest of corporations and individuals who are the subject of or witnesses in government investigations. She has defended clients in many of the superior and district courts in Massachusetts on charges including OUI, Assault and Battery, Rape, Indecent Assault and Battery, Possession of a Cl. D Substance with Intent to Distribute and many others. Her criminal defense work has also led her to represent clients in matters involving the Boston Housing Court, the Registry of Motor Vehicles (RMV), the Sex Offender Registry Board (SORB), the Criminal History Systems Board (CHSB) and the Department of Children and Families (DCF). Heather has also represented clients who sought the protection of Chapter 258E Harassment Prevention Orders or 209A Abuse Prevention (Restraining) Orders.
Heather joined Fitch Law Partners LLP in 2000. She served as an Assistant District Attorney in Middlesex County from 1994 through 1998, prosecuting major felonies in Lowell and Cambridge Superior Courts and other cases in multiple courts throughout the county.
Heather graduated from Macalester College in St. Paul, Minnesota in 1990. She received her J.D. in 1994 from Boston University Law School, where she served as a Case Note Editor on the Boston University International Law Journal. She was named an Edward F. Hennessey Scholar in 1994. Heather is admitted to the Massachusetts Bar, the United States District Court for the District of Massachusetts and the United States Court of Appeals for the First Circuit. She is a member of the Boston Bar Association and the Boston Inn of Court.
REPRESENTATIVE ENGAGEMENTS: White-collar, Government Investigations and Criminal Matters • Represented numerous individuals and witnesses in connection with investigations by various government agencies including U.S. Attorney's Office, SEC, Offices of the District Attorney, and local police departments. • Represented multiple clients who were charged with offenses including OUI, Assault and Battery, Rape, Indecent Assault and Battery, Possession of a Cl. D Substance with Intent to Distribute and others. • Represented many clients in clerk-magistrate hearings, resulting in no criminal charges issuing against them.
Specific cases include:
• Represented in-house lawyer in connection with investigation by U.S. Attorney's Office and Justice Department into allegations that false statements were made to government regulators. Client was not charged. • Represented multiple employees of pharmaceutical company who were witnesses to misconduct in connection with investigation into the company's marketing practices. • Represented multiple employees of medical device company who were accused of misconduct in connection with investigation into the company's marketing practices. No clients were charged. • Represented employee in connection with investigation into whether company engaged in misconduct in connection with government contract. Client was not charged. • Represented client charged with 1st offense OUI. Obtained dismissal after successful motion to dismiss due to fact that arresting officer had unlawfully crossed town line. • Represented client who was wrongfully charged with assault with a dangerous weapon. Persuaded prosecutor to drop charges against client. • Represented college student charged with forgery/misuse of an RMV document and misdemeanor possession of drugs. Negotiated continuance without a finding. • Represented college student who was charged with possession of marijuana with intent to distribute. Negotiated continuance without a finding. • Represented client who was charged with sexual assault. Despite serious nature of charges, negotiated sentence that minimized length of incarceration. • Represented client in connection with successful petition to have criminal record sealed. • Represented multiple clients whose criminal records were inaccurate in efforts to correct such records. • Represented multiple clients before Sex Offender Registry Board in appeals of sex offender classification.
G.L. c. 158A Harassment Prevention Orders • Represented client in connection with application for harassment prevention order. After hearing, successfully obtained harassment prevention order and, one year later, extension of the order.
G.L. c. 209A Restraining Orders • Represented multiple clients in connection with restraining orders that were issued against them • Represented multiple clients who sought the issuance of restraining orders against others.
Department of Children and Families (DCF) • Represented clients in connection with DCF efforts, via Care & Protection Action, to remove child from parents' custody. Achieved dismissal of action by DCF. • Represented client in appeal of DCF finding of neglect, including representation at hearing. • Represented multiple clients in connection with DCF investigations, including preparation for and meetings with DCF investigators, negotiating outcomes and resolutions with DCF and advising clients how to proceed with DCF investigations.
Registry of Motor Vehicles • Represented several clients in successful petitions for hardship licenses after they were convicted of OUI.
Housing Court • Represented individual and corporate clients in connection with criminal and civil charges resulting from Sanitary Code violations. Successfully negotiated dismissals of all charges in every case.
Employment Disputes • Represented multiple employers in connection with matters involving their employees, including discipline or termination of employees and/or suits filed against them by their employees. Such matters have included defending clients in employee/former employee lawsuits, advising clients in how to proceed with employee discipline or termination, negotiation of severances, preparation of severance agreements and other, similar matters in court and before the MCAD. • Represented multiple employees in connection with employer investigations, disciplinary actions and terminations. Such matters have included advising clients in how to proceed in such situations, negotiation of severances, review and revision of severance agreements. • Represented companies and individuals before the Massachusetts Commission Against Discrimination (MCAD) including preparation and filing of complaints or responses to complaints. Allegations litigated have included wrongful discharge, sexual harassment, retaliation, and discrimination.
Specific cases include: • Represented employer in MCAD investigation of false claim made by employee of discrimination and unlawful termination. Resolved case by mediation. • Represented employer in lawsuit filed by former employee alleging unlawful termination. Obtained dismissal of all claims. • Represented employee who had been sexually harassed by her employer over a period of years. Resolved case by mediation on terms favorable to client. • Represented employee whose employer discriminated her on the basis of her gender. Resolved case by mediation on terms favorable to client. • Represented professor before school disciplinary board in connection with allegations of misconduct. • Represented employers before Department of Unemployment Assistance (DUA) in connection with former employees' applications for unemployment benefits.
Products Liability Matters • Represented distributor of products in lawsuit in which it was incorrectly named as a defendant. Extricated client from lawsuit while minimizing its exposure. • Represented multiple manufacturers in toxic tort litigation including asbestos and latex glove litigation.
Civil Litigation • Represented board of large condominium complex in dispute with former trustee and construction manager over allegations that he had conspired to defraud the condominium. Case settled with both defendants on favorable terms. • Represented parties who had personally guaranteed a contract their defunct company had entered into with a former employee. Resolved dispute by way of mediation. • Represented homeowners in effort to remove cloud on title of their property and in connection with lawsuit filed by neighbor concerning conditions on their property. Favorable resolution of matter involved extensive interaction with and representation before the local conservation commission. • Represented client in lawsuit against seller of powerboat who made misrepresentations concerning condition of boat at time of sale and mechanic who performed substandard repairs to boat. • Represented client who signed personal guaranteed of loan to company that later defaulted on loan. Resolved dispute by way of mediation on terms favorable to client. • Represented client in connection with dispute with neighbor over location of property line. Case settled on terms favorable to client. • Represented multiple clients in breach of contract or other business disputes.
Miscellaneous • Represented numerous college students in academic and non-academic disciplinary proceedings. • Represented victims and witnesses in connection with investigations conducted by various government and law enforcement agencies.