Overview

Overview

Alison Kinchla is an associate at Bernkopf Goodman focusing on complex business and real estate litigation.

Prior to joining Bernkopf Goodman, Alison was an associate in the consumer financial services department at a large, international law firm.  She has represented a broad range of clients, including financial institutions, developers, mortgage lenders, and landlords in connection with a wide variety of real estate and commercial disputes in both state and federal courts, as well as in government enforcement proceedings.

Alison also has experience defending financial institutions from consumer class actions, as well as from individual lender liability claims, including M.G.L. c. 93A, the Fair Debt Collection Practices Act, the Predatory Home Loan Practices Act, the Real Estate Settlement Procedures Act, and the Servicemembers Civil Relief Act.

Matters & Transactions

Representative Matters & Significant Transactions

Representative Work

Among the civil matters that Alison has been involved with are:

  • Obtained summary judgment in putative class action in favor of national bank against claims that its servicer’s actions violated state law, Fair Debt Collection Practices Act, and underlying contracts;
  • Counseled national bank in review of its policies and procedures for compliance with the interest rate and foreclosure protections required under the Servicemembers Civil Relief Act;
  • Successfully defended national bank against inquiries from the United States Trustee into more than 50 individual bankruptcy actions; including, defending against Rule 2004 Examinations and subpoenas, opposing Objections to Claims, and negotiating consent agreements;
  • Negotiated settlement of putative class action on behalf of major U.S. lender in connection with claims of violations of state unfair and deceptive acts and practices statutes and the Servicemembers Civil Relief Act;
  • Successfully protected client’s internal policies and procedures voluntarily provided to government for regulatory purposes from dissemination to putative class action plaintiffs under FOIA.

Pro Bono Work:

Alison has a particular interest in representing the rights of improperly detained individuals.  In this capacity, she has appeared in the following matters:

  • Alison currently represents a wrongfully convicted prisoner in Massachusetts in an effort to obtain a new trial and/or assist in the prosecution of the actual perpetrator.
  • In conjunction with the Innocence Project, Ms. Kinchla submitted a petition for writ of certiorari to the Supreme Court on behalf of a Texas death row inmate with an intellectual disability.
  • In conjunction with the Irish Human Rights Commission, Alison submitted an amicus curiae brief to the European Court of Human Rights on behalf of an individual who was improperly committed against her will due to an alleged lack of capacity.
Memberships & Activities

Memberships & Activities

Legal Memberships

  • American Bar Association
  • Massachusetts Womens’ Bar Association

Professional & Civic Activities

  • Cape Ann Habitat for Humanity
  • Ireland Funds’ Young Leaders Society
Honors & Recognition

Honors & Recognition

  • Recipient of the 2018 “Excellence in Pro Bono” award by Massachusetts Lawyers Weekly
  • Selected for inclusion in the Rising Stars Edition of Massachusetts Super Lawyers, 2015-2017