BP is a contractor who builds expensive houses. He entered into a contract to build a house for JW, a wealthy businessman. Three days before the sale was to take place there was a fire in the house. A dispute arose between BP and JW about what to do. JW filed a civil lawsuit against BP to force BP to rebuild the house and finish the sale. The lawsuit was not going well for JW. JW then filed for and obtained an emergency Harassment Prevention Order against BP. The order had a court hearing date of November 17, 2022 in Dedham District Court. JW claimed that on three occasions BP threatened him and on one of those occasions BP tried to run JW over with his truck. BP had a lawyer from a large Worcester-Boston law firm who was representing BP in the civil lawsuit. That lawyer referred BP to Attorney Robert Lewin of Andover to handle the Harassment Prevention Order case. BP met with Attorney Robert Lewin (over zoom) and hired Attorney Lewin.
Attorney Lewin thoroughly prepared the case. There were witnesses present during two of the three incidents. Attorney Lewin interviewed those witnesses and had them present at the court hearing. In addition, BP had taken a number of photos of JW; the photos were helpful because they showed JW following BP throughout the Town of Wellesley. In reality, those photos showed that JW was NOT in fear of BP.
Attorney Lewin prepared a lengthy Memorandum of Law for the Judge. On November 17, 2022 Attorney Lewin, BP, BP’s two witnesses, and JW and his lawyer appeared in Dedham District Court for the hearing. The Judge had read all the court papers including the Memorandum that Attorney Lewin had prepared. The hearing (really a trial) lasted 2 1/2 hours. Attorney Lewin had BP and his two witnesses testify and introduced into evidence the photos that BP had taken. At the end of the hearing the Judge ruled that JW had not met his burden of proof. The Judge vacated (terminated) the order forthwith (immediately).