Boston Injury Lawyer Blog

Legal malpractice is when an attorney breaches his or her duty to the client causing damages. Overbilling, on the other hand, is often considered the cousin of legal malpractice. In a recent notorious case, Judge Stephen Steinberg of the Probate and Family Court, issued a 33 page detailed decision criticizing Massachusetts attorneys Gerald Nissenbaum and James Vera for billing an estate almost $500,000.

The judge considered the attorneys "egregious behavior" and considered the fees "outrageous" Furthermore, when the grieving widow sought new counsel to seek a reduction in fees, Attorneys Nissenbaum and Vera resorted to "bullying tactics aimed at dissuading [the] wife from retaining counsel. I've never seen anything like this," said new counsel for the wife, former Superior Court Judge Owen Todd.

Continue reading "Massachusetts Attorney Nissenbum Ordered to Return $328,771 in Attorney Fees" »

In a case handed down by the US District Court, legal malpractice actions were clarified. The Court reaffirmed that there must be an attorney client relationship: an "implied" attorney client relationship is not valid, nor is there any "duty" owed to a non client. One of the fundamental aspects to any legal malpractice claim is that the lawyer owed a duty to the client. In the United States District Court decision, the Court held that because the defendant lawyers never owed any "duty" to the plaintiff, they could not be responsible for committing legal malpractice.

The "duty" owed is to provide legal advice and skills according to accepted professional standards. (Malpractice means that the lawyer has breached his or her duty, causing harm to the client.) When a fee agreement between the client and lawyer is signed by both sides, a "duty" clearly arises. When an attorney enters an appearance in court for a client, a "duty" arises. When an attorney and client meet, discuss the client's issue, advice is given, a "duty" is clearly owed to the client.

Continue reading "Legal Malpractice in Massachusetts Requires Duty Owed" »

A Massachusetts woman interested in renting an apartment near Boston, scheduled an appointment to visit the building. When she arrived, she walked to the back of the building to find the defendant and the unit she was interested in renting. She then fell down an unguarded stairway and was injured, suffering personal injuries. The women sued the building owner, and according to the lawsuit, she claimed the stairway violated Massachusetts state building code. "It is important to note," says Boston personal injury attorney Thiadora Pina, "that the woman can still sue the landlord for her fall down the stairs and subsequent injuries. According to this decision, however, her cause of action, or what she can sue under, is now limitied."

Continue reading "Would-Be Massachusetts Tenant Can't Sue Landlord For Fall Down Stairs " »

Cape Verdean Attorney Thiadora A. Pina, helped organize the fifth annual Cape Verdean-Jewish Seder at the St. Patrick's Church, in Roxbury, Massachusetts. Held on March 24, 2010, the Seder focused on bringing together the two communities which have a surprisingly interrelated history. Attorney Pina is Vice President of the Board of Directors for CVC Unido - Cape Verdean Community Unity. Formed in 1999 as The Cape Verdean Task Force, CVC Unido is the only Cape Verdean agency in the City of Boston. The personal injury and bankruptcy firm Law Office of Neil Burns was a Sponsor of the event. The Cape Verdean Consulate General was a sponsor and speaker. The Seder, a festive meal with prayer, songs and discussion, was attended by over 200 people, both Jewish and Cape Verdean.

The traditional Passover Seder, a Jewish holiday and ritual, is the story of freedom and rebellion against the brutal slavery of the Jews in Egypt. The Cape Verdean - Jewish Seder is a new ritual which celebrates the commonalities of the two groups; histories of enslavement and liberation, far-flung Diasporas, challenges of immigration to the United States, an heritages of prevailing over tremendous hardships. Further, when Cape Verde was a Portugese colony, Portugese Jews, facing oppression and the Inquisition, fled to Cape Verde in the 15th and 16th centruies. Apparently, the groups intermarried and ceased to exist separately. Today there are four Jewish cemeteries in Cape Verde.

Located in Boston, the Massachusetts Bay Transportation Authority announced that MBTA bus drivers are actually safer than many motorists. But Boston injury attorney Thiadora Pina notes that "even though MBTA bus drivers are being more cautious, accidents still happen and people are still get injured."

According to the press release, the MBTA averaged 1.3 bus accidents for every hundred thousand miles last year, which represents a drop of more than 25% from 2007.

Although the MBTA has had several bus and subway accidents over the past year, most of the bus accidents (an estimated 83%) could not have been prevented by the bus driver. Those statistics found that an auto driver is four times more likely to make an error that results in a traffic accident with a bus than the MBTA bus driver is. The MBTA's accident rate is the equivalent of a car driver going an average of six years between accidents - while managing 40-to-60-foot-long vehicles, constantly pulling into and out of stops, operating on congested streets, and taking care of customers inside the bus.

Continue reading "Massachusetts Bay Transportation Authority Accident Rates" »

In the Boston suburb of Lowell, Massachusetts, a University of Massachusetts study has found a link between the number of certain kinds of freedoms that states allow and the rate of deaths by unintentional injury or accidents. Boston injury attorney Thiadora Pina notes that the Law office of Neil Burns promotes safety concerns and issues because "following safe practices is a fundamental component of injury to law. We look to the unsafe condition when a case involves personal injury."

The issue the University study suggested was the fact that a person is less likely to die in an accident if his or her state has laws governing things like seatbelt and tobacco use. The ranking took into account laws regulating the use of seatbelts, motorcycle and bicycle helmets, alcohol, tobacco, fireworks, firearms and cell phones while driving, according to the study.

Continue reading "Massachusetts Ranked 44th in State Safety Study" »

Sitting in Boston, the Massachusetts Senate passed a safe driving legislative package that bans texting while driving, requires elderly drivers to submit to license testing, and prohibits junior operators from both texting and talking on a cell phone while driving. The attorneys at the Law Office of Neil Burns have represented hundreds of plaintiffs injured as a result of unsafe driving.
The State Senate's legislation makes texting a primary offense, which means a driver can be pulled over specifically for texting while driving. It also establishes a fine of up to $200, two years in jail, or both for anyone who causes an accident while texting and driving.

The bill also prohibits "junior operators," or those under the age of 18, from both texting and talking on a cell phone while driving; and operators of public transit, including the Massachusetts Bus and Transit Authority and school buses - are prohibited from any use of cell phones, except in the case of an emergency.

Continue reading "Massachusetts Passes Safe Driver Legislation " »

In the Boston suburb of Plymouth, Massachusetts the overheating of a Law Office of Neil Burns. You can keep safe by following and staying up to date on recent product recalls: Product Recalls.

The laptop in question was later recalled by Hewlett-Packard, but this recall came too late for Mr. Norrie. Mr. Norrie's lawyers have now filed a products liability lawsuit against the laptop-maker, and are seeking more than $225,000 in damages. The suit, first filed in Plymouth Superior Court, was transferred to US District Court in Boston. According to court papers, the laptop - a gift Norrie received six months before the fire - was defective.

Since 2005, Hewlett-Packard has announced recalls of its lithium-ion batteries four times in conjunction with the US Consumer Product Safety Commission and other regulators. Customers affected by the recalls were able to receive replacement batteries at no charge.
In recent years, other computer makers, including Dell and Compaq, have also recalled millions of lithium-ion batteries because they were prone to overheating and posed a fire hazard. In 2006, Apple Inc.recalled 1.8 million battery packs because of the same issue.

The problems with computer batteries have led to several deaths. For instance, a 56-year-old Vancouver man was killed last August when his Hewlett-Packard laptop burst into flames on a couch. Care should be taken with laptop's and the advise often given is that these devices should not be left on soft furniture because the material can block air vents and cause overheating.

The Boston Municipal Court, and all Massachusetts District and Housing Courts have implemented important changes to small-claims procedure effective October 1, 2009. The Law Office of Neil Burns knows the importance of keeping up to date with rules, practices and procedures. These changes create new burdens and, in some instances, pose dangers for small-claims plaintiffs.

The small-claims procedural changes were intended to give more protection to small-claims defendants. They include requiring plaintiffs (1) in all small-claims cases to provide more information in the initial small-claims Statement of Small Claim form and (2) in small-claims debt collection cases to provide details about the debt and to file a new additional form. Thus, in all small-claims cases, plaintiffs must now list "any amounts sought for damages, for multiple damages or statutory penalties, for attorneys' fees and for costs, as well as the total amount being sought, exclusive of any prejudgment interest being sought from the court pursuant to Massachusetts General Laws, Chapter 231, Sections 6B or 6C." Rule 2(a), Uniform Small Claims Rules.

There have also been changes regarding debt collection cases, specifically: (1) cases in which the plaintiff is "pursuing a claim incurred in the course of plaintiff's trade or commerce" (with those terms having the same meaning as in the consumer protection law, Massachusetts General Laws, Chapter 93A, §1) and (2) cases in which the plaintiff is "pursuing a claim for assigned debt," i.e., where the plaintiff's right to collect the debt has been obtained by assignment. Rule 2(b), Uniform Small Claims Rules.

If you are being sued in Small Claims Court, then as the defendant, the new rules provide additional ways to defend your claim, and also provide possible grounds for dismissal or for other relief. A helpful guide to Small Claims Court procedure can be found online.

Boston Attorney Neil Burns has practiced law in Massachusetts for over 24 years. He is dedicated to providing effective legal information to the Boston, Massachusetts community.

Boston and all Massachusetts drivers will continue to see managed auto insurance competition in the state. The Massachusetts Supreme Judicial Court ruled in favor of the Massachusetts Division of Insurance's decision to temporarily exempt auto insurance companies that are new to the Bay State from having to cover high-risk motorists. The Massachusetts Division of Insurance recently allowed managed competition as a way to allow auto insurer companies to compete for good drivers, giving consumer more choices than ever before. The argument is that competition results in better rates for better drivers across the Commonwealth of Massachusetts, and the Law Office of Neil Burns wants to inform Massachusetts residents that they should now compare auto insurance rates before buying or renewing their auto insurance policy.

The Supreme Judicial Court's ruling was the result of a 2008 lawsuit filed by Arbella Mutual Insurance challenging the fact that national insurance companies that are new to the Massachusetts insurance market did not have to cover high-risk drivers for two years. Arbella argued that exemption put Massachusetts insurers like Arbella at a disadvantage, because they are required to insure high-risk motorists and split the losses, based on their market shares in the state. The court ruled that although the new companies don't incur the losses of insuring bad drivers, they contribute administrative costs to the Massachusetts Automobile Insurance Plan, which provides insurance for high-risk drivers. In effect, the Court said that that was good enough to allow the exemption to stand.

Continue reading "New Massachusetts Insurers Avoid High Risk Drivers " »

In the Boston suburb of Plainville, Massachusetts, a mother recently filed a lawsuit following the death of her teenage daughter. There are serious risks associated with underage drinking. The Law Office of Neil Burns is dedicated to keeping our children safe, and in zealously representing families whose child suffers injury or death.

The deceased teen, Taylor Meyer, was a senior at King Philip Regional High School in Wrentham, Massachusetts, when she drowned in a local swamp. It was later discovered she had attended at least three parties the night of Oct. 17, 2008, resulting in her severe intoxication. Taylor Meyer's mother is suing 2 adults and 5 young people for the wrongful death of her child, claiming they provided her with alcohol.

Continue reading "Injuries to Children in Massachusetts and Boston's Suburbs" »

Massachusetts and the Executive Office of Public Safety and Security located in Boston, recently announced the third annual "Dance. Don't Chance." video contest, and is encouraging all Massachusetts juniors and seniors to participate. In representing children injured in automobile accidents, The Law Office of Neil Burns is encouraged that Massachusetts continues to promote childhood safety. Contestants are asked to write and produce one-minute videos that promote safe driving by discouraging speeding, drag racing, distracted driving (such as texting or iPod use) and underage drinking.

According to the Massachusetts Registry of Motor Vehicles, teenagers aged 16 to 19 account for a disproportionate number of motor vehicle fatalities, and the months of May and June, during prom season, show ever higher crash and injury rates in Massachusetts. According to the Center for Disease Control, teenagers are involved in three times as many fatal crashes as all other drivers.

Continue reading "Massachusetts Holding Public Safety Student Video Contest" »