Legal Malpractice Archives - Burns

Consequences of Firing Your Legal Representative in Massachusetts

Hiring an attorney is often a crucial decision that can significantly impact your life. Hiring a particular attorney can significantly impact your case. Whether it is a civil matter involving thousands of dollars or a criminal case where your freedom is in jeopardy, retaining the right attorney for you has consequences. However, it is not uncommon for clients to become disenchanted or frustrated with your current attorney. If this is your situation, can you fire your attorney and retain another one, and if so, what are the consequences?

What Clients Need to Know About Legal Fee Disputes in Massachusetts

Attorneys, being highly trained and licensed, charge fees for their advice and representation. Clients who retain attorneys on an hourly basis will generally pay a retainer fee to establish representation. From this retainer, attorneys will typically bill the client regularly and inform the client when the retainer has been exhausted or is nearly so, and that additional funds will be required. However, the client needs to monitor the fees being charged, as well as the services being provided, and be aware of any unreasonable fees being charged for the services reportedly offered.

What is the Hardest Element of Legal Malpractice to Prove?

Legal malpractice claims are a unique part of the law of torts. Bringing a tort claim against a professional, like an attorney, always entails a stricter approach than a more standard tort case, like a personal injury claim. Although professionals are generally covered by their own liability insurance, an allegation of malpractice can seriously impact a professional’s career, potentially leading to suspension by the bar and even disbarment in severe cases.

Can I Sue My Unethical Attorney in Massachusetts?

An attorney who represents you in a legal matter or who has provided counsel or advice to you, even without a formal retainer agreement, has an ethical obligation to act within the rules of ethics and the law and to handle your case competently.

Is Failing to Sue All Possible Tortfeasors Legal Malpractice?

In many civil cases, there may be more than one tortfeasor or defendant. For instance, in a construction defect case, possible defendants may be the general contractor, a sub-contractor, the architect, or a supplier of defective materials that led to injury or other harm. In a car accident claim, multiple parties may have failed to stop in time and caused a chain collision, complicating the issue of which collision or negligent act was the cause of the claimant’s injuries. Where a corporation is involved, subsidiaries or other business entities may exist which may share in the alleged malfeasance.

Did Your Lawyer Pressure You to Settle Your Case?

It is no secret that the overwhelming majority of civil legal cases are settled before trial. This may be because the claimant or plaintiff has overwhelming evidence of fault or liability by the defendant, or that even though the claimant has a weak case, there are still facts that may be favorable to her and will motivate the opposing party to offer some compensation. But there are cases where a client’s attorney pressures his client to accept a settlement that the client feels is unwarranted or will not fairly compensate her.

The Elements of a Legal Malpractice Claim

Attorneys, like all professionals, are required to uphold a certain standard of care. If an attorney’s actions or lack thereof do not meet this standard, clients who are impacted may have a valid legal malpractice claim.

When Does a Lawyer Need Consent From a Client?

The attorney-client relationship is founded on trust and communication. All attorneys have an ethical responsibility to clients to act in their best interests and zealously defend and advocate for them. Attorneys also have a duty of care to clients and to handle and manage their cases with the reasonable skills and knowledge commonly exercised by other attorneys practicing in that area of law.

Retainer Violations Can Lead to Legal Malpractice

Attorneys have an ethical and legal duty to clients to abide by the codified rules of professional standards and criminal and civil laws. They also have a duty of care that means exercising the skills and knowledge reasonably expected of attorneys. One of those duties is adhering to the retainer agreement executed between the attorney and client.

Legal Malpractice Planning And Strategy Errors

Planning and strategy are actions lawyers take when handling a case and are vital to achieving the client’s goals. Lawyers may differ in similar cases in how they formulate planning and strategies, but if their conduct is ethical and adheres to the standard of care, a disgruntled client may find that a legal malpractice claim will not stand. If they had communicated their plan and strategy, the client would not likely be disgruntled!

Boston Injury Lawyer Blog

Category: Legal Malpractice