Practice Focus

Joe Bierwirth is the chair of the Litigation Practice Group at Hemenway & Barnes. He concentrates his practice in the areas of probate, trust, real property, and business litigation. He also provides counsel to individuals and families on estate planning and probate matters, and serves as a trustee of private and charitable trusts.

He has substantial experience representing trust and estate fiduciaries and beneficiaries in court proceedings and contested matters. Joe has successfully tried cases in various courts and is often asked to serve as a fiduciary, guardian ad litem or mediator in contested matters. His practice also includes the general representation of family businesses and nonprofit entities. Joe is a Senior Vice President of Hemenway Trust Company, a New Hampshire based private fiduciary firm.

Prior to joining Hemenway & Barnes, Joe served as a judicial law clerk to the Hon. W. Arthur Garrity, Jr. of the United States District Court for the District of Massachusetts. Joe has been a partner of the firm since 2006.

Representative Experience

• Successfully argued before the Supreme Judicial Court on behalf of a cancer research scientist to uphold a $10 million judgment in a breach of contract case. Hlatky v. Steward Health Care System, LLC, 484 Mass. 566 (2020).
• Represented a charitable foundation in a major litigation matter, resulting in a favorable decision from the Supreme Judicial Court and a significant judgment for the client. Robert and Ardis James Foundation v. Meyers, 474 Mass.181 (2016).
• Achieved a precedent setting victory for a client in a matter where the court declared the Massachusetts estate tax to be unconstitutional as applied to real estate located in Paris, France. Dassori v. Commissioner of Revenue
• Represented the plaintiff-trustees in Dauman v. Redstone litigation regarding control of the Sumner M. Redstone National Amusements Trust.
• Worked with a beneficiary of a private trust to remove a recalcitrant trustee, resolve potential tax and fiduciary issues, and now serves as an ongoing advisor and trustee for the client.
• Represented a private developer of commercial real estate, upholding the client's special permit by winning on summary judgment in Land Court.
• A private equity firm engaged Joe to defend a tort claim arising from an acquired company's business operations. Joe prevailed on behalf of the client, winning a defense verdict after trial.