Marijo McCarthy - Widett and McCarthy, P.C.

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Contact Information

Marijo McCarthy

Widett and McCarthy, P.C.

1075 Washington Street

West Newton, MA 02465


Practice Areas
  • Business Formation
  • Corporate Law
  • Corporate Counsel
  • About
  • Background
  • Reviews
  • Colleagues
  • Documents

Widett and McCarthy helps Massachusetts small business owners build successful companies, one contract at a time.

Undergraduate: University of Massachusetts Boston
Law School: Suffolk University
Admitted to Bar: 1984
Practice Areas: Business > Corporate Counsel
Business > Business Law
Business > Corporate Law
Business > Business Formation
Organizations: Massachusetts Bar Association; Smaller Business Association of New England (SBANE), U Mass Boston Alumni Association
City of Residence: Newton, Massachusetts
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When is a contract not a contract? When it's not in writing? A client called me this week with some good news. His graphic design business was picking up, he had weathered a tough economy, and orders for his services were coming in on a more regular basis. As we chatted, however, he said something that gave me pause: "All of a sudden I have no time to deal with contracts; I just have to get my proposals out the door. We're already working for the client before we have time to deal with a contract!"
Posted by Marijo McCarthy on 10.19.09 in Contracts. (MA)

A client called me last week with their latest challenge. They had been sued, unfairly, they felt, and in another state! They had a Complaint in their hands and, lo and behold, did the smart thing… first, called their lawyer… second, faxed me the Complaint … and third, forwarded a string of e-mails which provided me with terrific facts (evidence to those familiar with the Court system!) and, even better, a clear picture of why they were right and the other guy was wrong. Case closed, right? Well… not quite!
Posted by Marijo McCarthy on 10.19.09 in Contracts. (MA)

Contracts are important documents… for many entrepreneurs, they are the life blood of the business… written agreements which specify, sometimes in great detail, the terms and conditions for the sale of a product or service. Not a week goes by without a client asking for a contract review. So many of my clients show the foresight and value judgment to ask for advice in advance and that's where I can really bring care and concern to the transaction.
Posted by Marijo McCarthy on 10.19.09 in Contracts. (MA)

A client called me recently to tell me his company was growing and that he needed to re-hire some employees he had laid off the previous year. Given his current growth and the possibility of additional expansion in the coming year, he thought it was time to brush off the company's hiring letter and discuss the use of a non-disclosure agreement for key employees. When he sent along his current hiring letter, it was immediately clear that some updating was in order. On first review, three red flags jumped out.
Posted by Marijo McCarthy on 1.8.10 in Employment. (MA)

A client called me recently with a dilemma. She has operated a successful retail business in the same location for 16 years. She believes that the location is important for her business and has contributed to her success. However, her new landlord had presented her with a new lease. The lease required annual rent increases — increases which my client knew would immediately hinder the business' financial health, and at a time when she could least afford it. She didn't think her new landlord was open to what she needed to accomplish, so she called me.
Posted by Marijo McCarthy on 1.8.10 in Contracts. (MA)

Here's a cost-saving tip and a word of caution for small entrepreneurs who work to push services and products out the door to clients: Be sure you own what you think you own.
Posted by Marijo McCarthy on 1.11.10 in Contracts. (MA)

In most instances an oral contract is as "legal" as a written contract (with the exception of real estate). So yes, my client's "proposal" certainly constitutes more "evidence" of a contract than two parties who just begin to do business with each other with no other formalities. But, how do you prove it?!
Posted by Marijo McCarthy on 1.11.10 in Contracts. (MA)

No matter what the agreement is … no matter how long you have been doing business with each other … no matter how "minor" it seems … create a written record of that oral agreement.
Posted by Marijo McCarthy on 1.11.10 in Contracts. (MA)

The subject of contracts is an ever-fascinating one to a small business lawyer. Why is that? Well, I guess because there are so many pitfalls in what busy entrepreneurs consider "just boilerplate." Personally, I don't believe in ignoring boilerplate … I believe in tackling it head on, whenever possible … whenever necessary.
Posted by Marijo McCarthy on 1.11.10 in Contracts. (MA)

Most small business owners are familiar with the two most prevalent uses for confidentiality agreements: (1) when tire-kicking a competitor’s business prior to making an offer; or (2) when hiring a key employee who will have access to your confidential information. However, many entrepreneurs ignore the need for confidentiality agreements in their day-to-day business, as they share their company's customer lists and business strategies with outsiders. Any time information will be shared with an outsider, you should consider executing a confidentiality agreement.
Posted by Marijo McCarthy on 1.11.10 in Contracts. (MA)