Diane M. DeGiacomo

Diane is an experienced trial lawyer and is chair of the firm’s litigation department. Inside or outside a courtroom, whether advising an employer on workplace issues or helping a family in the process of separation, Diane is fully committed to advancing the interests of her clients. A passionate advocate, she takes time to understand the needs of each client and design individualized, flexible strategies to meet those needs. Diane also works as a trained mediator in the area of family law to help couples in transition from marriage to divorce by using a cooperative approach that empowers individuals to reach a fair resolution. She received her training from the Divorce Mediation Training Associates and is a member of the Massachusetts Council on Family Mediation.

EXPERIENCE HIGHLIGHTS

  • Selected 2006 through 2015 for inclusion in the Best Lawyers in America in the specialty of family law; selected in 2013 through 2015 in the specialty of employment law.
  • Selected by Boston Magazine as one of Massachusetts’ Super Lawyers in 2010 in the area of employment law and family law.
  • Tries cases regularly in the Berkshire Probate and Family Court.
  • Successfully represented employer in the first case in which the Massachusetts Supreme Judicial Court upheld a private employer’s drug testing program: Folmsbee v. Tech Tool.
  • Represented insurance company before Supreme Judicial Court in landmark case involving the interpretation of a pollution exclusion clause in insurance policies: Goodman v. Aetna Casualty & Surety Co.
  • Represents private schools and nonprofit corporations in areas of health and education.
  • Serves as outside counsel to largest health care system in Berkshire County in defense of medical malpractice claims.
  • Frequently handles cases before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.
  • Serves as a panelist in seminars and round table discussions for continuing legal education in the areas of trial practice, employment law and domestic relations.

RECENT SPEAKING ENGAGEMENTS AND PUBLICATIONS

  • “Cutting Edge Issues in Western Massachusetts Family Law Practice 2015” featured speaker, Massachusetts Continuing Legal Education, March 27, 2015.
  • Annual featured speaker at Human Resources Association of Berkshire County on topics including “Medical Marijuana in the Workplace”, “Recent Developments in Employment Law”, “Staying on the Up and Up in a Down Economy” and most recently in March 2015 “The Season of Changing Leaves”.
  • “Foreclosure in the Context of Divorce” featured speaker, Massachusetts Continuing Legal Education, February 29, 2012.
  • “Bankruptcy and Family Law,” featured speaker, Massachusetts Bar Association 20th Family Law Conference, November 2011.
  • “Employment Law” featured speaker for the Berkshire Association for Paralegals and Legal Assistants, November 12, 2008.
  • “The Most Common Mistakes You Can Make With Your Employee Handbook in Massachusetts,” featured speaker, Lorman Educational Seminars, July 25, 2006.”Workplace Privacy,” featured speaker for Associated Industries of Massachusetts, April 2006.
  • “Criminal Background Checks Present Benefits, Burdens for Employers,” published article, Berkshire Trade and Commerce, May 2006.
  • Featured in video of mock hearing for judicial enhancement, 2006.

IN THE COMMUNITY

Diane is very active as the attorney coach for the Lenox High School’s Mock Trial Team. Since she started coaching in 2006, the Mock Trial Team has  finished in the top 16 of the state in 2007, 2014 and 2015. Diane is also a member of the Berkshire Players, a group of local lawyers and judges who produce plays for fund raising in support of higher education. She has appeared on the stage of the Berkshire Theater Festival in “Twelve Angry Jurors”, “The Caine Mutiny Court Marshal” and “Inherit the Wind”.

Diane M. DeGiacomo, Partner

[email protected]

Pittsfield, MA

Tel (413) 443-4771
Fax (413) 443-7694
Direct Dial (413) 629-1345

AREAS OF PRACTICE

EDUCATION
Boston College, B.A., 1980, magna cum laude

Seattle University School of Law, J.D., 1987, magna cum laude

Externship, 1986, Honorable Eugene A. Wright, 9th Circuit U.S. Court of Appeals

BAR ADMISSIONS
Massachusetts

MEMBERSHIPS
Berkshire Bar Association
Massachusetts Bar Association
Massachusetts Council on Family Mediation

COURT ADMISSIONS
U.S. District Court, District of Massachusetts