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.
The attorney-client relationship is fundamentally built on trust and confidentiality. Conversations held between an attorney and their client are private and cannot be disclosed to outside parties without the client’s informed consent.
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Attorneys have a fiduciary duty to their clients, which requires them to act in their client’s best interests. This duty encompasses a high standard of care that includes trust, loyalty, good faith, and confidentiality. A critical aspect of this duty is ensuring that any funds entrusted to an attorney are kept separate from the attorney’s personal or business accounts. Failure to do so can lead to serious consequences, including claims of legal malpractice.
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If your legal case did not turn out as expected despite assurances that the facts and evidence were solidly in your favor, you might suspect that your attorney’s handling of the case was less than competent. Perhaps you observed your attorney acting strangely at times, being forgetful, distracted during hearings or trial, failing to appear at hearings often being very late, or making excuses for not communicating with you.
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Attorneys have ethical obligations to their clients, which include a comprehensive understanding of the law and the legal process and effective advocacy for their clients’ interests. Clients invest significant fees in legal representation, expecting their attorneys to navigate the complexities of the legal system and ensure their interests are prioritized. Among these obligations is the fundamental duty to appear in court on behalf of their clients.
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The legal field is broad, covering various areas such as business, personal injury, banking regulations, elections, social security, criminal law, transactional matters, and estate planning. Within each of these categories, there are specializations. For instance, personal injury law includes subfields like legal malpractice and product liability, while criminal law may involve SEC or RICO violations. Furthermore, some attorneys don’t practice in federal court. If your attorney lacks expertise in a particular legal domain, they have an ethical obligation to refer you to a qualified specialist.
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Whenever you retain an attorney for a legal matter, you expect your counsel to meet at least a minimum level of competence in handling your case. When your claim or matter does not turn out as you expected or you know or at least suspect that your attorney’s conduct and handling of your case was negligent or less than competent, you may have a claim for relief.
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One of the more emotional and potentially complex legal matters is marital dissolution. Emotions and tempers often run high in these cases since substantial assets are involved as well as possible child custody issues. Attorneys handling such cases are expected to be competent in not only the divorce laws of their state but also in the tax implications and business valuations. It is not that unusual for a divorce client who received a poor outcome to suspect that his attorney may have committed legal malpractice.
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Deadlines are basic to nearly every practicing attorney, especially those involved in litigation. We have deadlines for filing claims in the appropriate court, serving the Complaint on the defendant, serving and responding to discovery requests, notifying depositions, filing and responding to motions, and adhering to court appearances and other court-scheduled matters when engaged in discovery. Failure to meet a deadline may sometimes constitute legal malpractice by the attorney if it adversely affected your valid claim.
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When you retain a lawyer to represent you in a civil matter such as a car accident, slip and fall, will contest, or business matter, he or she has a fiduciary duty to you to make decisions with only your best interests in mind. An attorney also has an ethical duty to provide you with competent legal representation, to keep you informed of all developments in your case, and to properly advise you on the law and other legal matters. The attorney does not have the authority to make final decisions. Thus, if an attorney settles a case without your knowledge or consent, this is often considered legal malpractice.
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An attorney has a duty to you as a client to maintain communication with you and to keep you informed and updated about your case’s progress. Your attorney also should listen to your wishes and concerns and possibly implement them within the case strategy if it is valid, proper, lawful, and can lead to a positive outcome.
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