Legal Malpractice Archives - Page 10 of 11 - Burns

Massachusetts Victims of Legal Malpractice Get Emotional Distress Damages

Traditionally, victims of legal malpractice cannot get money damages for emotional distress. You are entitled to the damages you would have received had your lawyer not been negligent, the extent of the damages you can receive; the “reasonable and foreseeable losses” of the underlying case. See Fishman v. Brooks 396 Mass 643 (1986). That is, notwithstanding the stress you undergo after you find out your lawyer was negligent; you do not have any extra damages. There are, of course, possible exceptions to this rule. If the result of the malpractice was incarceration, false imprisonment, or being confined to a mental hospital as a result of the legal malpractice, there can be money damages against an attorney for emotional distress. For the full case, see Wagenmann v. Adams 829 F. 2d 196 (1987), in an extremely well written, and, frankly, entertaining decision, by Judge Selya, of the First Circuit. In Massachusetts, to prove intentional infliction of emotional distress, we must show three things:

Massachusetts Attorney Fees Must be Reasonable

A case having authority in Massachusetts was recently decided by the 1st U.S. Circuit Court of Appeals, sitting in Boston. All Massachusetts attorney fee agreements must be reasonable, the Court said. Further, Court held that this includes contingent fee agreements. Massachusetts attorneys cannot charge too much for their services in light of the actual work performed. The Boston attorneys at the Law Office of Neil Burns are always up front regarding costs and fees, and they respect the fact that it is your money that fuels and drives your case.

Massachusetts Legal Malpractice: Chapter 93A Has Four Year Statute of Limitations

In a case decided by the Massachusetts Appeals Court, the Court dismissed all counts against Attorney Stephen Hrones except the Massachusetts General Laws, Chapter 93A claim.

Boston Lawyer Suspended — Bad Legal Advice

The Boston office of the Bar Counsel recommended a Boston attorney loss his license to practice law for one year and one day, and the Massachusetts Supreme Judicial Court agreed. Massachusetts lawyers are barred from sharing fees with, and assisting non-lawyers in the practice of law. The Boston attorneys at the Law Office of Neil Burns provide direct, one-on-one representation to all their clients.

Massachusetts Consumer Protection Statute, Chapter 93A Used Against Lawyers

We see many cases involving legal malpractice and we often file a lawsuit under the 93A Consumer Protection law. In a recent case, Boston University Professor Barry Unger sued his attorney Patricia Lambert, saying that the $230,000 he transferred to her was a loan, for real estate investment, which was to be repaid with interest.

Massachusetts Legal Malpractice for Failing to File Timely Appeal

The Supreme Judicial Court (SJC) found that a law firm that failed to file an appeal in a case that would have been overturned by the Court was negligent. Legal malpractice lawyer Neil Burns noted that the company, Global NAP may have a significant claim against their law firm, Jackson Lewis and Winokur, Serkey & Rosenberg.

The Risk in Representing Yourself

There are many attorneys in Boston. But sometimes, in lieu of consulting and hiring an experienced attorney, many Massachusetts residents try to navigate the Massachusetts court system on their own. The attorneys at the Boston Law Office of Neil Burns know that this is often a mistake. Trying to represent yourself, whether in court or when dealing with insurance companies, for example, in negotiating personal injury settlements, can be tricky; worse yet, your claim may not survive.

Getting in Touch with Your Massachusetts Attorney

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.

Boston Area Attorneys Suspended for Failing to Fully Represent Client

Two Boston area attorneys were temporarily suspended when, according to the Lawrence, Massachusetts court, they “put their self interest ahead of that of the client.” Ferreira, Pedro (Lawyers Weekly No. 25-010-10) (April 8, 2010). This was a worker’s compensation case involving the Department of Industrial Accidents, and Boston legal malpractice attorney Neil Burns has represented hundreds of clients in cases where an attorney did not put the client’s best interest first.

Massachusetts Attorney Nissenbum Ordered to Return $328,771 in Attorney Fees

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.

Boston Injury Lawyer Blog

Category: Legal Malpractice