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, a client retained an attorney regarding a collection case. The attorney prepared, and the client signed, a contingency fee agreement. Althought the attorney made an initial call to the debtor, the attorney did not follow up. Nevertheless, the client called his attorney and attempted to follow up. The attorney refused to respond. Finally, the client requested her file and when she received it, there was nothing in the file except the documents the client had provided.
The client reported the matter to the Board of Bar Overseers where it was determined that the attorney’s failure to diligently pursue the client’s case was in violation of Massachusetts Rules of Professional Conduct, Rule 1.3. and that the attorney’s failure to communicate the status of his client’s case or forward any documentation related to that case violated MRPC, Rule 1.4(b).