How to Get Compensated If Your Lawyer Commits Malpractice

When we retain an attorney to handle a legal matter, we expect a professional to handle it competently and diligently. This includes knowing the law that controls or is applicable to the matter, undertaking the research if needed, performing any necessary investigation, communicating with you and keeping you updated and apprised of the proceedings. When an attorney fails to perform in accordance with expected standards of competence, then you may have a cause of action for legal negligence or malpractice against that attorney.

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Legal Practice Billing Fraud

One of the cornerstones of the attorney-client relationship is trust. Clients place trust in the attorney’s competence to handle the legal issues in their matters and to routinely communicate with the client so that they are suitably informed about all relevant and material matters affecting them. And, of course, the client expects to be billed accurately and appropriately for the legal work done. 

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What is The Statute of Limitations in Massachusetts for a Legal Malpractice Case?

Civil lawsuits have a time limit, or statute of limitations, on when you can file your suit in court. Although you may have notified a person or entity such as an insurer about a claim, your ability to collect on that claim will be permanently barred if the time limit or statute of limitations runs out on actually filing it in the appropriate court.  For legal malpractice claims in Massachusetts, that time limit is 3 years.

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Burns & Jain Attorney Neil Burns Voted Massachusetts Superlawyer

Burns & Jain is pleased to announce that Boston Attorney, Neil Burns, has again been selected as a Massachusetts Superlawyer for advocating on behalf of victims of legal malpractice.  The magazine, which was published on October 13, 2020, listed only four (4) Superlawyers representing plaintiffs in legal malpractice.  After 35 years of practicing in personal injury and professional liability law in Massachusetts, Attorney Burns had the following to say:

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New Massachusetts Coronavirus Email Rule and Legal Malpractice

On March 30 2020 the Massachusetts Supreme Judicial Court issued an Order In Re: COVID 19(Coronavirus) Pandemic regarding serving documents, changing the Rules of Civil Procedure.   That is, Rule 5 (b) which requires that service of pleadings and other papers upon an attorney” be by US Mail, has been changed by the Court.  This Rule requiring delivery by mail has been suspended until further notice.  Attorneys are now instructed to serve pleadings via email.

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Is it Legal Malpractice To Fail To File An Appeal On Time?

In a case that came down from the Massachusetts Appeals Court this week (July 31, 2019), it was held that “garden variety oversight” by defense counsel was not grounds to allow additional time to file an appeal. In the case, Edward R. Pierce v. Hansen Engineering and Machinery, 18—1355, Massachusetts Appeals Court (2019), the plaintiff, Mr. Pierce was injured on the job.  He alleged that the he was maneuvering a pallet jack from a truck onto a loading dock, with 800 pounds of freight on it, over a dock plate (which lies between a truck and the loading dock) and that the dock plate was defective causing him to fall, necessitating hip surgery and that he is unable to return to work.

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Legal Malpractice in Divorce For Failing to Include

We get many calls from folks who claim that their divorce lawyer, usually at the last minute, convinced them to settle; wherefore, they sign and later claim that they had to forgo claims they now see as a valuable asset.  Frequently it’s because their Massachusetts divorce attorney failed to undertake complete discovery and then, when the trial was imminent, strongly encouraged the client to settle for the best deal they cold get, given the weak case.  But not always.

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Attorney Neil Burns Quoted as Legal Malpractice Expert in Massachusetts Lawyer’s Weekly

What is conflict of interest in the context of legal malpractice?  In a recent decision that came down from Judge Hoffman, of the Federal Bankruptcy Court in Boston, it was determined that a large Boston law firm operated under a conflict of interest when representing both the fitness chain and the principal investor in the operation. Read the Full in Lawyers Weekly Full PDF HERE

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