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.
Legal malpractice claims are similar to other negligence claims in that an attorney is held to a certain standard of care when representing a client. The elements of a legal malpractice claim include the requirement that a claimant prove all of the following elements:
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When a client hires an attorney, they expect the attorney to fully commit to their case from start to finish. However, there are instances where an attorney may need to end their representation if it would not be in the client’s best interest to continue.
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Many factors during a civil or criminal trial impact its outcome. The attorney’s preparation is key to either prosecuting a civil case such as personal injury or building a solid defense in a criminal matter. This involves thoroughly investigating the facts, finding and interviewing witnesses, analyzing forensic evidence, obtaining relevant documents, and, if necessary, retaining expert witnesses.
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Attorneys are required to follow a code of ethics that governs their behavior while zealously representing a client. In general, an attorney must prioritize loyalty to their client and avoid engaging in any actions that could harm their client’s best interests. One of these obligations is to steer clear of any conflicts of interest. If a conflict of interest arises and the client suffers harm as a result, they may have grounds for a legal malpractice claim.
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When an attorney takes on a case, they are responsible for ensuring prompt, smooth representation without the risk of missing key deadlines. However, a single scheduling error can lead to a common legal malpractice claim, potentially resulting in an adverse outcome for a client.
Read MoreYou expect satisfactory results when you retain a lawyer, often at substantial fees. And if you did not get the results you expected or lost significant funds, or expended significant funds for an inadequate representation, you may have a claim for legal malpractice. However, losing a case or not obtaining what you expected may not necessarily mean that your attorney committed malpractice.
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In our complex and diverse society, with the increasing and rapid proliferation of laws, rules, regulations, and unique circumstances, we need lawyers who can competently advise their clients. Regrettably, we often witness lawyers undertaking cases beyond their expertise, leading to ineffective counsel and potential legal malpractice.
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Attorney dishonesty can be devastating financially to a client. You hired an attorney to manage funds, bill you honestly, and properly disburse funds from an escrow or attorney trust account. When that attorney fails to communicate with you or makes flimsy or nonsensical excuses about what happened to your funds, you may have a valid claim for legal malpractice.
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Legal malpractice, or legal negligence, requires that a plaintiff or person bringing a claim against his or her prior attorney has the burden of proving all elements of a negligence claim. These elements are:
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In legal malpractice cases, the attorney’s actions play a pivotal role. Malpractice, a unique subset of tort law, is complex and involves investigating and possibly litigating two separate actions. The claimant must first demonstrate that the attorney who was representing her failed to meet an accepted standard of care in handling the case. Furthermore, the claimant must show that this failure, or the attorney’s incompetence, directly led to harm or demonstrable damages. Second, though a plaintiff might prove incompetence on the attorney’s part, the underlying case must have had merit, and the party responsible for the harm solvent to compensate for the proven damages.
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