We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.
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.
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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!
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Probate law can be complex. Some studies show that attorneys practicing probate law commit more malpractice than in any other practice area. Attorneys handling probate matters must protect their clients’ desires and intentions since they also function as a fiduciary, which carries a high duty of care. In some situations, attorneys may also be liable to non-client beneficiaries.
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Legal matters involving business transactions and disputes require a seasoned business attorney’s skills, experience, and knowledge. When poor or incorrect advice, a failure to investigate the facts and circumstances of a dispute, or ethical violations lead to significant business losses or even closure, clients may consider a legal malpractice claim.
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Pursuing or defending a legal matter requires the client’s attorney to be reasonably competent and skilled in the applicable area of law. If the attorney’s conduct fell below a certain threshold or standard of care, it may be considered legal malpractice. One aspect of incompetent representation is inadequate investigation of a case.
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Legal malpractice occurs when an attorney representing a client fails to competently handle a case that substantially harms the client. The attorney’s conduct must have fallen below a standard of care, which is possessing reasonable skills and knowledge in handling a case like other competent attorneys in the legal community would have handled. Unfortunately, certain areas of the law have more legal malpractice claims than others.
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Attorneys go through 3 years of vigorous study in the law at law school, and many have other degrees such as in business, medicine, or engineering that they can utilize in their practice. Usually, it takes a few years of experience associating with more knowledgeable and skilled attorneys in the law firm before they can attain a competent level in a particular area of the law. Other attorneys gain experience and skills by taking on less complex cases to become familiar with court rules and procedures, motion practice, and other litigation tasks. But not all attorneys, despite their advertising or assurances, are as competent as they should be.
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One of the bedrock principles of the attorney-client relationship is attorney-client privilege. For a client and attorney in Massachusetts to speak openly and frankly about a case, the communications between the two are considered privileged and not subject to discovery or exposure to third parties, including government entities, prosecutors, and the court. This allows the client and attorney to freely discuss the issues of a case without fear of disclosure. It can include confessions to a crime or to liability in a tort or other civil matter. Frequently it goes to medical conditions that clients do not want the insurance attorneys to uncover.
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In today’s digital world, social media is a major part of daily life. Whether posting a weekend getaway on Instagram, updating a status on Facebook, or sharing a video on TikTok, people often don’t think twice before sharing details about their lives online. However, if you’ve been injured in an accident and are pursuing a personal injury claim, your social media activity can significantly impact your case—often in ways you may not expect.
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Technology is now ubiquitous in our society and has been for some time. Cell phones, laptops or desktop computers, and tablets dominate our work and play time. Many businesses rely exclusively on digital documentation and often must retain correspondence such as emails under certain circumstances or face harsh consequences. Technology has streamlined business practices and made work more efficient for law firms but has also brought new and unique challenges.
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