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Legal Malpractice in Massachusetts Requires Duty Owed

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.
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Victims of Massachusetts’ Attorneys Awards 2009

The Massachusetts Clients’ Security Board (CSB) is a panel of attorneys, appointed by the Supreme Judicial Court. They are entrusted with a never ending source of money – a portion of all registered Massachusetts attorneys’ annual fees! all registered Massachusetts attorneys’ annual fees! [CAROLINE START HERE] Unfortunately, the CSB’s job is never ending as well – their job is to distribute funds to victims of attorney dishonest financial conduct. That is, when an attorney steals money that he or she was a fiduciary of, the CSB investigates and pays the client for the loss.
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Treble Damages in Massachusetts Legal Malpractice 93A Case, plus Attorney Fees

Our office undertakes litigation with a personal injury and legal malpractice focus. While not many lawyers in Massachusetts will represent the victims of legal malpractice, our firm’s mission is to uphold the trustworthiness of the profession. When the facts are clear, the Courts of Massachusetts will uphold the law and find legal malpractice, treble damages and award attorney fees.
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