The Massachusetts Board of Bar Overseers, sitting in Boston, issued the following ruling regarding a licensed Massachusetts attorney on May 3, 2010. The ruling involved an attorney not responding to a client and failing to pursue a client's claim with diligence. The Boston attorney's at the Law Office of Neil Burns field repeated inquiries regarding potential attorney malpractice and attorney's responsibility to their clients. This case of discipline is an example of the requirements Boston and all Massachusetts attorneys must follow with respect to their clients.
In this case, the attorney met with a client regarding her collections matter in December of 2008. At that time, he placed a call to the debtor corporation and sent a demand letter on behalf of the client. At the end of this meeting, the attorney prepared a contingency fee agreement for the client and agreed to file a complaint on her behalf and pursue all legal action required to collect the debt. Within the month, the client signed and returned the fee agreement by mail. Unfortunately, the attorney took no further action of substance on behalf of the client.
Over the next several months, the client left messages for her attorney and requested information on the status of her complaint and copies of all correspondence with the corporation. The attorney failed to provide any correspondence with the corporation. The client made a number of attempts to reach the attorney for updates on her case, but he failed to return a number of her telephone calls.
At the beginning of June, the client called the attorney and requested that he return her file. The attorney assured the client that he would get back to her right away. After she did not hear from the attorney for a few more weeks, the client discharged the attorney and requested the return of her file. Upon receiving her file, the client discovered that it contained only the documents that she had provided to the attorney.
The attorney's failure to diligently pursue his client's claim violated Massachusetts Rules of Professional Conduct, Rule 1.3. The attorney's failure to communicate the status of his client's case or forward any documentation related to that case violated Massachusetts Rules of Professional Conduct, Rule 1.4(b).
The attorney was admitted to practice in 1990 and had received no prior discipline. Based on the foregoing, the attorney received an admonition for the above violations.
