Legal malpractice claims are among the most difficult to prove and demand the skills and experience of a seasoned legal malpractice attorney. These claims are based on negligence principles and elements where a plaintiff who is alleging legal malpractice must prove the following elements by the standard of a preponderance of the evidence:
Read MoreRetaining a lawyer usually means that you have a serious matter that needs a competent lawyer to handle the case. Lawyers are paid substantial funds because many of these cases require knowledge of the applicable law, rules, or regulations governing the matter and how to navigate the complex court system. An attorney’s failure to either know or to apply the proper law to your case or to negligently handle it, resulting in an unexpected and adverse outcome, can lead to a legal malpractice claim. Such claims can harm the client and severely damage the lawyer’s reputation and career.
Read MoreMany of us have read horror stories about attorneys who fall asleep during a trial or who show up in court intoxicated and disheveled. Although these scenarios are not common, they do occur, but it is not easy in many cases for the victimized client to get a new trial based on ineffective assistance of counsel because their attorney was anything but sober at trial.
Read MoreWhen 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.
Read MoreA QDRO, or Qualified Domestic Relations Order, is often an essential part of a divorce settlement usually found in marriages of some duration. These documents recognize the rights that a spouse, child, former spouse, or a dependent has in the other spouse’s retirement benefits such as a 401K or for plans covered by the Employment Retirement Income Security Act (ERISA).
Read MoreOne 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.
Read MoreIf you find yourself in a situation where you’ve received an unsatisfactory result in a legal matter, such as a low monetary verdict, loss of a valuable asset, or dismissal of a claim, consider the possibility that you may have been the victim of an inadequate investigation of your case by your attorney. This could potentially provide you with the grounds for a legal malpractice claim.
Read MoreWe hire professionals to handle matters we ordinarily have little or no knowledge or training in, and we trust that the professional has the requisite skills to perform a particular task to our benefit. When that professional fails to perform in a way that is reasonably expected, then the client may have a cause of action for malpractice, breach of contract, or breach of fiduciary duty.
Read MoreCivil 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.
Read MoreWe represent victims of legal malpractice in Massachusetts. We post blog articles on an occasional basis with news on lawyers’ negligence. In this light, two stories jumped out at us regarding lawyers and malpractice.
Read More
