What are the things you need to careful of when filing a legal malpractice claim? One thing the Massachusetts Appeals Court made clear (again) is that you are waiving your attorney client privilege as against the attorney you are now suing for malpractice.
Many victims of legal malpractice can file claims with the Massachusetts Clients’ Security Board of the Supreme Judicial Court. Established by the SJC in 1974, the CSB awards 100% of clients losses as a result of attorney fraud; attorneys that actually steal, or “misappropriate” their clients monies. Note, this does not include victims of malpractice in which clients monies have not been misappropriated.
The Massachusetts Security Board announced in its 2014 report awards to victims of Massachusetts’ attorneys’ theft. The number of awards was significantly higher in 2014, with a total of 114, than 2013 when there were only 69. On the other hand, the actual awarded monies, $1.3 million, were only about half of the previous year’s awards of $2.8 million. Read more
Under a Massachusetts case handed down by the United States District Court on July 29, 2014, the answer is no: after a jury finding of legal negligence, double damages under 93A, and attorney fees, the Court ruled that the insurance company is not responsible for the double damages or the attorney fees. Read more
In an excellent demonstration of what does and does not constitute a legal malpractice case, a recent decision by the Essex Superior Court Judge Feeley lays out the requirements for a basic legal malpractice case in Massachusetts. See McLane, Graf, Raulerson & Middleton, P.C. v. Grady (April 1, 2014). Read more
Of course, you can always fire or disengage your attorney. But first, it is critical to sit down and meet with him or her. There may be a communication issue that is easy to resolve. Potential clients often come to us with this question, and, upon review, their lawyer has been doing a fantastic job advancing the client’s interests. Unfortunately, the lawyer is simply not communicating what he or she has been doing, or why they are doing it. As a result, the client does not know that, in fact, he or she is being adequately represented. Read more
In Massachusetts, clients who are defrauded by their attorneys can apply the Massachusetts Clients’ Security Board for compensation. This is different from legal negligence, otherwise known as legal malpractice claims.
2013 was a record year for awards to victims of attorney fraud for the self funded MCSB which received over one hundred claims. Read more
Legal Malpractice Cases for Real Estate now Surpasses Personal Injury
According to an American Bar Association study, real estate has surpassed personal injury as the largest source of legal malpractice claims. This may be a result of the fallout from the 2008 real estate market crisis and the vast number of “failed real estate transactions” following the crash. This 2008-2011 study of over 53,000 legal malpractice claims showed a changed trend since the studies began in 1985. It is worth noting that the damages paid to plaintiffs were higher, on average, then in previous years. A good example of real estate legal malpractice litigation is the Burns & Levinson case, below.< Read more