Harvard Law School, LLM, 1967. (on fellowship)
Boston College Law School, JD 1965
Honors: Order of the Coif; Publications Trust Award, presented occasionally to honor student writing of outstanding quality and scholarship; Lawyer’s Co-operative Publishing Awards for Highest Grades in Equity, Labor Law and Taxation; First Prize, Old Colony Trust Estate Planning Contest; Law Review, Editorial Staff; Editors Award, as the member of the Editorial Staff whose contributions were the most significant during the 1964-1965 academic year; Lyne, Woodworth and Evarts Award.
Boston College, AB, Government, 1962
Admissions to Practice
Supreme Judicial Court of Massachusetts
United States District Court for the District of Massachusetts
United States Court of Appeals for the First Circuit
Supreme Court of the United States
American Bar Association: Council of Appellate Lawyers; Litigation Section; Appellate Practice Committee
Boston Bar Association: Litigation Section
Plymouth County Bar Association
Sustaining Member, Massachusetts Bar Association: Civil Litigation Section; Criminal Justice Section; Judicial Administration Section
Chair, MBA Appellate Courts Bench-Bar Committe
Member, MBA Amicus Curiae Committee
Associate Editor, Massachusetts Law Review
Member, BBA-MBA Joint Committee on Proposed Massachusetts Probate Code
Member, MBA Amicus Task Force
Member, MBA Task Force on Judicial Conduct Commission
Member, by appointment of the Court, Supreme Judicial Court Transcripts Committee
Member, Supreme Judicial Court Working Group on Time Standards for Transcripts on Appeal
Panel Member, First Circuit criminal appeals panel
Awards and Recognitions
Justice Louis Brandeis Life Fellow, Massachusetts Bar Foundation (recognition extended by the bar foundation to one percent of legal advocates)
Founders Award, in appreciation of service to Boston College Law School on its 75th anniversary
Citizen of the Year, Town of Hingham (presented by the Hingham Journal, 1998)
Continuing Education and Commitment to Excellence
Speaker, "Recent Developments in Appellate Practice," Massachusetts Bar Association, (2004-2008)
Director of Advocacy Programs for Boston College Law School (2004-2007)
Adjunct Professor, Boston College Law School (1990 to date)
Panelist and Moderator, 'Success on Appeal," Massachusetts Continuing Legal Education (2006-2010)
Panelist, "Tips on Effective Briefs," Massachusetts Continuing Legal Education (2002-2006)
Panelist, “Secrets of the Appeals Court,” Massachusetts Lawyers Weekly sponsored Continuing Legal Education
Panelist, "Recent Developments in Massachusetts Law," Annual Meeting, Massachusetts Bar Association, reporting on developments in the First Circuit (1971-1975)
Panelist, "Federal Rules of Evidence," ALI-ABA, May 30, 1975
Panelist, "Comity or Competition: The Relations Between State and Federal Courts," Annual Meeting, Massachusetts Bar Association (1970)
Publications and Press
Associate Editor, MA Law Review
Closing Arguments In Criminal Cases, Suffolk Law School magazine, The Advocate, Vol. 9, No. 2, Spring, 1978
Associate Editor, Massachusetts Law Quarterly, 1969-1974
Pro Bono / Community Service
Trustee, Hingham Land Conservation Trust
Trustee, Hingham Public Library
Town of Hingham, Personnel Board, Advisory Committee, Historic Districts Commission, and special projects for renovation of Town Hall, Library, and other structures
Former president, Kiwanis Club, Brookline
Service to indigent clients at minimum statutory rates for MA CPCS and 1st Circuit Criminal appeals
Thomas J. Carey, Jr.
617 371 1000
Clients and Industries
During his career, Tom has represented a wide variety of individuals and institutions in matters involving appellate advocacy. In more than four decades of service as an appellate advocate, he has become acquainted with issues arising out of virtually every possible sector of commerce and industry, successfully briefing and arguing cases on appeal to the Massachusetts Appeals Court, the Massachusetts Supreme Judicial Court, and the U.S. Court of Appeals for the 1st Circuit.
Practice Areas and Experience
Tom is Of Counsel to the firm and focuses his work on Appellate Advocacy. He has handled numerous civil and criminal appeals in state and federal courts, and is active across all areas of the firm’s practice.
Since success on appeal depends upon identifying and preserving legal issues at the trial level, his extensive legal knowledge and analytical skills are available to the firm and its clients from the earliest stages of a case until the last appeal is exhausted.
He also makes his appellate counseling services available to other lawyers and their clients, enabling them to select and prepare their best possible arguments for success on appeal.
He has briefed and argued appellate matters involving substantive legal issues related to many different legal disciplines, including but not limited to:
Banking and Finance
Civil Rights and Constitutional Law
Evidence and Procedure Issues
Federal Claims Act Matters
Fair Trade Practices and Chapter 93A Matters
Governmental Enforcement Matters
Health Care/Pharmaceutical Matters
Intellectual Property Matters (involving copyright or trademark issues)
Land Use and Zoning Matters
Personal Injury Matters
Real Estate/Construction Matters
Subpoena, Search and Seizure Matters
Trial Court Failures to Issue Legally Mandated Orders or Remedies
Professional Experience Outside of Collora LLP
Prior to his arrival at Collora LLP, Tom spent many years as an independent appellate advocate, a faculty member at Boston College Law School, and a teacher at Suffolk University Law School. He also served as the appellate attorney for the Major Violators Division of the Suffolk County District Attorney’s Office, prosecuting many violent criminals and recidivist offenders.
He has handled a broad array of civil and criminal appeals as an independent advocate. As a professor, he mastered many different subjects, teaching courses in administrative law, agency law, civil rights litigation, constitutional law, equity, federal courts and torts.
Sample of Results in Practice *
Part of team that successfully represented psychiatrist in proceeding to block a government subpoena of more than 20 patient files, establishing before the Supreme Judicial Court of Massachusetts, in a case of first impression, that the psychiatrist’s work in pain management was covered by the psychotherapist-patient privilege, and that the privilege cannot be pierced except by legislative enactment or constitutional imperative.
Participated in amicus brief advocacy on behalf of the Massachusetts Academy of Trial Attorneys in the Supreme Judicial Court (the “SJC”) seeking abolition of the traditional “accumulation of snow” rule pertinent to liability for sidewalk safety in favor of a general negligence standard tailored to fit municipal practices.
Successfully established at the SJC, the right of a criminal defendant to submit an affidavit to a judge in camera and ex parte in support of a motion to disclose the identity of a confidential informant for the government.
Won an appeal to the SJC in a 4-3 vote on a controversial case involving zoning and non-conforming use issues pertinent to dog kennel operations.
Won an appeal to the U.S. Court of Appeals for the 1st Circuit in case involving applicability of Dram Shop liability to military base private club that served alcohol to patrons.
Successfully counseled and prepared student advocates at Boston College Law School for appellate advocacy work on behalf of indigent clients and the state, resulting in a number of victories.
Successfully briefed a case before the SJC that set the standard for the relevance of “brain death” to homicide charges in Massachusetts.
Briefed an appeal in a high-profile murder case that set the standard for use of peremptory challenges arguably or demonstrably related to race.
In a high-profile negligent homicide case involving a fire in an abandoned building, wrote the briefs on appeal supporting a motion to dismiss an indictment for murder issued against homeless persons accused of causing the fire.
Briefed and argued the constitutionality of the Massachusetts grandparents’ visitation statute.
* This sampling of cases represents a selected, small portion of this lawyer’s total experience, and past performance is not intended to be a representation of likely future results, which must be assessed on a case-by-case basis.
Tom can provide a substantial list of citations to reported cases in which he was counsel of record or the author of the brief upon request.
Tom is passionate about serving others, not only as an advocate for his clients, but as a teacher and a civic volunteer.