Professional Experience Mark Swirbalus practices in the area of probate litigation. Mark is the leader of and the lead trial lawyer in the firm's Probate Litigation and Controversies practice group in Boston. The clients of this group include individuals, banks and trust companies, and charitable organizations, and the matters it handles include fiduciary liability claims, will and trust contests, instrument construction actions, instruction and declaratory judgment actions, trust reformation actions, trust and estate property disputes, tax disputes, and contested accountings, conservatorships, and guardianships. Mark has handled numerous matters for beneficiaries, executors, administrators, trustees and charitable organizations alike, with amounts in dispute ranging from less than one hundred thousand dollars to more than one billion dollars. Mark is currently a co-chair of the Fiduciary Litigation Committee of the Boston Bar Association, and a former member of the Probate Law Section Council of the Massachusetts Bar Association. He speaks and writes frequently on topics relating to probate litigation. Mark was named a Massachusetts Super Lawyer in 2009 and 2010, and recognized as a leading litigator in the Chambers USA Legal Directory. Mark is also a member of the firm's Commercial Litigation Department. Mark has represented clients in the Massachusetts Supreme Judicial Court and Appeals Court, and appears regularly in the Massachusetts probate and superior courts, as well as in federal district court. He has won trials and appeals in Massachusetts and New Hampshire, and has prevailed on summary judgment in cases in Massachusetts, Rhode Island, New Hampshire, and Maine. Mark also has substantial experience with mediation. Representative Matters · Representation on behalf of hundreds of residents of Ipswich, Massachusetts as amicus curiae in an action in which the "Feoffees" of the oldest charitable trust in the country seek to deviate its terms under the doctrine of reasonable deviation · Defense of an estate beneficiary against claims that she procured a deed to her late husband's property by fraud and undue influence, and that he lacked mental capacity to transfer his property to her · Prosecution of claims on behalf of trustees and a trust beneficiary against former trustees for self-dealing and breach of fiduciary duty involving controlling shares in publicly-traded companies · Representation of a trust beneficiary in a dispute relating to the sale of the trust's substantial commercial real estate assets · Defense of a trustee against claims for breach of fiduciary duty relating to the proper allocation and distribution of trust assets · Representation of trust beneficiaries in an action to determine the proper interpretation of the trust instrument in a matter of first impression · Prosecution of a petition to remove an estate administrator for unsuitableness, including neglect of duty, violation of court orders, misconduct, and fraud · Representation of a charitable organization in an action to enforce the charity's right to appoint patients to receive free health care in perpetuity pursuant to the terms of a charitable bequest made nearly 100 years ago News, Publications & Presentations · "T&E Litigation Update: Rochalski v. Sklodowski," January 11, 2012 · Quoted, "Little Neck rift may yet reach trial," Boston Globe, December 25, 2011 · "T&E Litigation Update: Purcell v. Landers," December 9, 2011 · Speaker, "Fiduciary Litigation/Regulatory Update: Cases that Impact You and Your Clients," Annual New England Wealth Management and Trust Conference, December 2, 2011 · Featured, "Fifty Day Pitney Attorneys Recognized as Super Lawyers," Day Pitney Press Release, October 24, 2011 · "T&E Litigation Update: Cohen v. Attorney General," October 24, 2011 · "T&E Litigation Update: Harootian v. Douvadjian," October 6, 2011 · "T&E Litigation Update: Rose v. Rose", September 27, 2011 · "T&E Litigation Update: Sherman v. Shub," August 29, 2011 · "T&E Litigation Update: McGeoghean v. McGeoghean," August 15, 2011 · "T&E Litigation Update: Paine v. Sullivan and Austin v. Austin," August 1, 2011 · Co-author, "'Fiduciary exception' to attorney-client privilege," Massachusetts Lawyers Weekly, July 11, 2011 · "T&E Litigation Update: Furman v. Gossels," July 5, 2011 · "T&E Litigation Update: Cherubini v. Goodsell," June 30, 2011 · Featured, "Chambers USA 2011 Names 45 Day Pitney Attorneys as 'Leading Lawyers for Business'," Day Pitney Press Release, June 10, 2011 · "T&E Litigation Update: Hoffman v. University of Massachusetts Amherst," June 9, 2011 · "Attention Life Tenants: Thou Shall Not Waste," Boston Bar Association's Trusts & Estates Newsletter, Spring 2011 · "T&E Litigation Update: Kostick v. Fort Hill Community," May 31, 2011 · "T&E Litigation Update: Matteson v. Walsh," May 5, 2011 · "T&E Litigation Update: Bindman v. Parker, Shea v. Noble, MacLeod v. McManus, King v. Nazzaro," March 29, 2011 · Quoted, "Little Neck dispute will go to trial," Boston Globe, March 3, 2011 · "T&E Litigation Update: Gillespie v. Gillespie and Cosgrove v. Hughes," February 18, 2011 · "T&E Litigation Update: Comeau v. Coache," February 4, 2011 · "T&E Litigation Update: Bruner v. Bruner," January 28, 2011 · "T&E Litigation Update: Rostanzo v. Rostanzo," December 21, 2010 · "Estate and Trust Litigation in Federal Court," Boston Bar Association's Trusts & Estates Newsletter, Fall 2010 · "T&E Litigation Update: Ajemian v. Yahoo! Inc.," November 30, 2010 · "T&E Litigation Update: Coyne v. Nascimento," November 24, 2010 · "T&E Litigation Update: Germain v. Girard," November 3, 2010 · "T&E Litigation Update: Shepard v. Barrell," October 27, 2010 · "T&E Litigation Update: Cushman v. Folan," October 25, 2010 · "T&E Litigation Update: Michaud v. Forcier," October 11, 2010 · "T&E Litigation Update: Pritchard v. Attorney General, Monteith v. Michaels and Dumas v. Snow," September 1, 2010 · "T&E Litigation Update: Breakiron v. Gudonis," August 20, 2010 · Co-author, "Massachusetts Enacts New Law Governing Mortgage Foreclosures," Day Pitney Alert, August 16, 2010 · "T&E Litigation Update: Victor v. Massachusetts Executive Office of Health & Human Services and Carrison v. Smiddy," August 10, 2010 · "T&E Litigation Update: Savage v. Oliszczak," June 30, 2010 · "T&E Litigation Update: Hanselman v. Frank," June 29, 2010 · Featured, "Chambers USA 2010 Names 40 Day Pitney Partners as 'Leading Lawyers for Business,'" Day Pitney Press Release, June 11, 2010 · "T&E Litigation Update: Redding v. Proulx and Davis v. Davis," June 9, 2010 · Co-author, "Probate Litigation Can Be A Misnomer," Massachusetts Bar Association Section Review, June 2010 · "T&E Litigation Update: Pellegrini v. Breitenbach," May 28, 2010 · "T&E Litigation Update: Harhay v. Starkey," May 17, 2010 · "T&E Litigation Update: Elloian v. Elloian, Hiller v. Hiller and Harootian v. Douvadjian," May 11, 2010 · "T&E Litigation Update: Whittenberger v. Whittenberger," April 29, 2010 · "T&E Litigation Update: Slavin v. Beckwith and Jones v. Ouellette" April 14, 2010 · "T&E Litigation Update: Cascio v. D'Arcangelo," April 7, 2010 · "T&E Litigation Update: Mannix v. Tighe, Hutchings v. City of Gardner, and Marmer v. Kaufman," March 17, 2010 · Participating Trial Lawyer, Boston Estate Planning Council Mock Trial, February 24, 2010 · "T&E Litigation Update: Estate of Beauregard," February 23, 2010 · "T&E Litigation Update: Hultberg v. Carey and Rutledge v. Chaprales," February 22, 2010 · Quoted, "Recent Rulings Have Probate Bar Talking," Massachusetts Lawyers Weekly, February 8, 2010 · "T&E Litigation Update: In the Matter of the Estate of Bartley J. King," January 28, 2010 · "T&E Litigation Update: Ingeno v. Meister," January 27, 2010 · Speaker, "Statute of Limitations Issues in Estate and Trust Matters," Massachusetts Bar Association, Probate Law Section, January 20, 2010 · Speaker, "Trust, Estate & Fiduciary Litigation under the Massachusetts Uniform Probate Code," Boston Bar Association Trusts and Estates Section, January 5, 2010 · Featured, "Fifty-six Day Pitney Partners Recognized as New England Super Lawyers," Day Pitney Press Release, October 30, 2009 · Featured, "SJC to Rule on Probate Fee-Shifting," Massachusetts Lawyers Weekly, October 26, 2009 · Speaker, "Recent Developments in Probate Litigation," Boston Bar Association Trusts & Estates Section, September 1, 2009 · Interviewed, "Boston Law - Probate Practice and More," The Metropolitan Corporate Counsel, March 2009 · Speaker, "The Basics of Probate and Trust Litigation," Boston Bar Association Trusts & Estates Section, February 10, 2009 · Panelist, Boston Bar Association Trusts & Estates Section Mid-Year Review, January 22, 2009 · "The Quarter in the Courts," Boston Bar Association's Trusts & Estates Newsletter, Fall 2008 · "The New Rubric of Risk: Unfair Trade Practices," ALI-ABA Estate Planning Course Materials Journal, August 2008 · "Trusts & Estates Special Feature," Massachusetts Lawyers Weekly, July 14, 2008 · Speaker, "New Rubric of Risk: Unfair Trade Practices," Representing Estate and Trust Beneficiaries and Fiduciaries, Boston, MA, July 19-20, 2007 Professional Affiliations · Boston Bar Association, Trust and Estates Section, Fiduciary Litigation Committee, Co-Chairman, 2010-2011 · Massachusetts Bar Association, Probate Litigation Practice Group, Probate Law Section Council, 2009 · Boston Bar Association, Litigation Section, Business Litigation Committee · New Hampshire Bar Association · Dartmouth Lawyers Association Outside Interests · Alumni Enrollment Volunteer, Dartmouth College Awards and Achievements · Recognized as a Massachusetts Super Lawyer, 2009-2011 · Chosen for inclusion in the Chambers USA Legal Directory as a leading litigator, 2010-2011 · AV Rated, Martindale-Hubbell |