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.
It is not uncommon for clients to be unhappy with their attorneys. If the client’s claim fails or he does not obtain the expected result, the client will often blame his attorney for the poor outcome. However, not all adverse results are the result of negligence, and even if they are, proving that the result would have been different but for the attorney’s failure to act competently may not be easy.
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Legal malpractice claims are complex, often challenging, and can be expensive and anxiety-ridden. A disgruntled client, angry over the unexpected outcome of a claim or case, may turn on the attorney, blame him for the adverse outcome, and file a legal malpractice claim. Because of the time involved, expense, and stress, mediation is often recommended (or even required in some jurisdictions) once a civil suit has been filed; and usually occurs after discovery is complete or substantially complete and all parties know all of the facts that will come into evidence.
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Technology has been a boon to many industries, saving costs, streamlining tasks, keeping data secure and paperless, and introducing new career opportunities. Law offices use technology to draft emails, to provide easy and instant access to extensive client information, e-file documents, and write briefs and motions in litigation. However, artificial intelligence (AI) can have pitfalls if attorneys fail to monitor the tasks for which AI is used.
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Attorneys are held to certain standards of conduct, including advocating, and representing clients competently and exercising reasonable diligence, skills and knowledge expected of attorneys in the legal community. And, like all professionals, conducting themselves according to ethical standards.
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Legal malpractice claims arise when an attorney’s incompetence or negligence leads to a client incurring financial losses they would not have otherwise faced. This could be a result of the attorney’s failure to act competently, such as not filing a claim in the appropriate court before the statute of limitations expires. Other instances include inadequate investigation of a claim, scheduling errors leading to your claim’s dismissal, exclusion of evidence and witnesses, failure to communicate with a client, and more.
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It is essential to have the best legal representation when dealing with a claim against another party or when you are the defendant. You need an attorney who is dedicated to your case, keeps you fully informed of its progress, and communicates important court dates and events. Lack of communication from your attorney can lead to serious issues with your attorney-client relationship and have adverse consequences. If you have experienced this and it has resulted in a negative outcome, consider contacting a legal malpractice attorney.
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The cost of legal representation can be quite high. Attorneys spend three years rigorously studying in law school before taking a comprehensive Bar exam to become licensed. To establish themselves as reputable and successful attorneys, they often need many years of practice to develop their litigation, research, and negotiation skills. They must also learn the complexities of motions, trial practice, and specific court rules. Consequently, attorneys typically charge rates that can reach hundreds of dollars per hour, depending on what other legal professionals in their community and area of practice charge.
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Victims of legal negligence or malpractice have options for recourse. Legal malpractice occurs when an attorney fails to meet the standard of skill, prudence, and diligence that is typically expected of legal professionals in similar situations. If a client’s case is compromised or lost because of their attorney’s negligence, the client may be entitled to damages, provided they can show that a more favorable outcome would have been likely if the attorney had acted as a reasonably prudent lawyer.
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Procrastination in any industry is rarely beneficial, especially in the legal field unless there is a strategic reason for it. In most legal matters, however, waiting too long can be extremely detrimental to a case and could lead to compensatory damages for the aggrieved client. On the other hand, a strategy of delay, if agreed upon, can be quite effective.
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Many attorneys can effectively manage large caseloads if they are well-organized and have the necessary staff and resources to meet the demands and interests of their clients. However, law offices face significant overhead costs, including rent, supplies, insurance, and salaries for associates, paralegals, and legal assistants. Attorneys often have to cover litigation costs for clients, particularly in cases handled on a contingency basis.
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