Searching for the Right Legal Malpractice Lawyer in Massachusetts

What Is Legal Malpractice?

In order to find the best legal malpractice attorney in Massachusetts, you need to have an understanding of what legal malpractice really is. Legal malpractice occurs when your attorney fails in their duties to you and it results in actual harm to you. In many cases, you will find that the most common forms of legal malpractice are breach of contract, which may include either negligence or breach of duty on the part of your attorney. Legal malpractice can have a profoundly detrimental impact on your life. This is the reason why it is vitally important that you seek legal representation when you experience the following: wrongful termination of your case, negligence by your attorney, failure to follow instructions, breach of contract, failure to file documents, failure to respond in a timely manner , or any number of other issues that ultimately result in some form of damage to your case with respect to the outcome.
Finding the best legal malpractice attorney in Massachusetts is vital to your case, for the reasons mentioned above. The only way to truly get the compensation that you deserve for such damages is to find a legal professional that is experienced in handling these cases. Legal malpractice is not a unique problem by any means and happens to thousands of people every year with regards to their case. You have to take the steps necessary to make sure that you have the right representation for your situation. Legal malpractice is not always an easy thing to spot, but overall it is your responsibility to pursue it so that you can get what you deserve at the end of the day. Finding the best legal malpractice attorney in Massachusetts is the first step in seeing to it that your case is done properly and in your favor.

When You Must Hire a Legal Malpractice Lawyer

If you are experiencing any of the following symptoms, it may be time to work with a legal malpractice attorney:
Lack of communication – Poor communication is one of the most common signs of legal malpractice. If your attorney (or any other attorney) has failed to return your phone calls or emails, doesn’t communicate effectively during consultations, isn’t keeping you updated on the status of your case, and/or provides only vague and unclear legal advice, it’s time to move on.
Missed deadlines – If your lawyer has missed a deadline such as the statute of limitations, or simply a deadline for responding to a demand, you may need to find a legal malpractice attorney. Failing to meet deadlines can lead to missed opportunities, denials, and possible dismissal of your claim in its entirety.
Financial losses – If you have lost substantial amounts of money or have suffered some other significant loss due to an attorney’s actions or inaction, then you may need to seek financial compensation via a legal malpractice lawsuit.
Mishandling of funds – As with any other person or organization that manages money, funds should be well documented, and held appropriately. If your attorney has mishandled funds in such a way that your money has been lost, or otherwise unexpectedly diverted, you may be a victim of legal malpractice.
Unaddressed conflicts of interest – If your attorney has multiple clients who have contradictory interests, and fails to disclose the problems this may pose, you may need to take legal action.

Characteristics of a Good Legal Malpractice Attorney

When looking for the best legal malpractice attorney in Massachusetts, you need to find someone with years of experience handling these types of cases. Legal malpractice is a very specific type of lawsuit and there are many nuances that can trip up inexperienced attorneys. While the attorney may be able to handle other types of malpractice, they may not necessarily have the skill set to deal with this insidious problem. It takes the right mix of skill and expertise to make sure that legal malpractice cases are handled properly from the start so that you can be successful and win the potential legal malpractice lawsuit you may have.

How to Select the Best Attorney for Your Case

When faced with the difficult situation of legal malpractice, finding the right attorney is crucial for getting the best possible outcome. While there are many qualified attorneys in Massachusetts, selecting the right one for your particular case requires some research and due diligence on your part. The first step is to ask around for referrals-but check their qualifications carefully. A trusted friend or family member might not be in the best position to gauge the strengths and weaknesses of a potential legal malpractice attorney, so it’s important to research more than one or two referrals. Get online and look for lawyers in your area that specialize in legal malpractice. Search for reviews and information online, read what people are saying about their experiences on the Better Business Bureau and other sources, and make a shortlist of the lawyers that interest you. Once you’ve selected several potential candidates, schedule an interview with each of them before making a decision. You want to find an attorney who is familiar not only with legal malpractice claims, but with your particular situation as well. Ask questions from their background with past cases to get a good understanding of the attorney’s experience in dealing with this type of litigation. As you might expect, it’s important to do some research and select an attorney you can trust to handle your legal malpractice case. Make sure you know the details of your case well before hiring an attorney, and understand all the terms and guidelines that must be followed for legal malpractice claims in Massachusetts.

The Legal Process in Massachusetts Legal Malpractice Cases

Filing Deadline: The filing deadline is the very first consideration of a legal malpractice case. The period within which a legal malpractice attorney must be sued, must begin with an excellent and concise evaluation of the underlaying case. This is the meat of a legal malpractice lawsuit. The statute of limitations attempt to limit the time within which a legal malpractice case must be brought. In other words, the statute of limitations is the time allowed to prosecute the primary case. For most statutes it is three years. Many legal malpractice cases are tried and litigated for years thereafter. However, the three years begins to run as soon as the client/plaintiff has been made aware of the issue, the result of which may be subject to the statute of limitations. If the client has litigated for three years, judgment being entered against him, even when contemplating appeal, in most cases the three years under existing law does not begin to run. The clock begins to run when the client/plaintiff becomes aware of his potential right to sue the legal malpractice attorney. The statute of limitations does not apply until there is a final judgment on the principal case. Nevertheless, there are other hurdles to be taken before a legal malpractice lawsuit can proceed.
Legal Malpractice Complaint: In any legal malpractice case, forensic investigation must be undertaken into the underlying case. This means that it must be investigated, e.g., i.e., medical records, incident reports, medical examinations, etc. in order to determine which law(s) were violated, and the extent of the damages. Then, a complaint must be filed. This means that a complaint must be put in appropriate legal form, stating the theory of liability and damages, and must be served on the various parties to the lawsuit, e.g. attorneys, accountants and other legal entities. Service of process must be undertaken in a timely fashion and must be appropriate in a timely matter.
Substituting Counsel: It is always important that when a client comes to a new legal malpractice attorney , a motion to add new counsel should be filed, substituting the original client. This motion will evince the issues discussed with the client, and may be helpful later in the court. Also, this establishes the client’s sincere intent to proceed with the malpractice action. Always remember, as noted above, the client will have two attorneys, (1) the original attorney, (2) the legal malpractice attorney, at least for a while. This is important in gathering evidence in the case, since everyone will be focused on the case and its outcome. Later, everyone will be focused on damages, and the case will be stronger.
Expert Testimony: In 2002 the Massachusetts Supreme Judicial Court promulgated a Rule requiring that all experts in legal malpractice cases be licensed and that they live within the Commonwealth at the time of malpractice. This is a monumental task. The legal malpractice attorney will need a significant amount of time to locate an expert qualified to testify, both in the underlying case and the legal malpractice case. It should go without saying, but the same person cannot testify in both cases. This should be taken into account in the planning stages of the case.
Discovery: At the appropriate time, the legal malpractice attorney will conduct discovery. Discovery will include interrogatories, depositions, Notice to Admit, Document production and other assorted discovery methods. In Mass. a Rule 34 Notice should be brought to bear on those issues that are disputed. A private investigator may be employed to go beyond the official discovery methods. The case is now at the halfway mark, and a significant amount of information has been gathered. The time to devise a theory of liability is now.
Listing for Trial: The legal malpractice attorney must have the expert testimony ready, and proofs necessary to prove the case. The case will be listed in the Court’s calendar for trial purposes.

Possible Outcomes for Legal Malpractice Cases

The potential outcomes of legal malpractice cases include settlement and trial verdict, as well as graded sanctions against the offending lawyer. The first two are straightforward and are discussed below. The disciplinary process is a separate proceeding that has no direct impact on the outcome of the pending case for the client. It is a non-public proceeding that has nothing to do with remedying the harm of the legal malpractice client’s case.
Settlement is by far the most common outcome. Even a malpractice case with clear liability may not be suitable for full litigation. A settlement that preserves the case or allows the client to have an admission of malpractice, and quickly recover something, may be worth much more than the possible recovery. Cases are typically valued as the cost of what might have been recovered in the underlying case minus the cost of prevailing in the legal malpractice case. Most cases fall somewhere in between, either settled for the amount of the net case value, or agreed to less than the full case value under a "picking up the pieces" scenario.
A trial or arbitration of a case may result in a verdict of no liability; an award for damages against the defendant attorney; or a verdict in favor of the defendant. A jury may reduce any damages awarded. The trial court or judge may award damages that are different than those requested by the party. Damages are typically calculated in order to reflect the actual loss caused by the malpractice and may include lost past and future earnings as well as emotional damages.
In addition to monetary relief, a client may pursue disciplinary action against the attorney. Under the Massachusetts Rules of Professional Conduct (Mass.R.P.C.), a client may file a grievance with the Board of Bar Overseers, who will forward it to Bar Counsel — a professional conduct counsel employed by the Board. In addition to being a prosecutorial arm, Bar Counsel educates attorneys about their practice and how to comply with the Rules.
After a grievance is made, the client does not have any rights and is not entitled to know the outcome of the investigation. If Bar Counsel finds sufficient cause, the attorney will be prosecuted in front of the Board. If the client is the complainant, it may choose to join the grievance as a civil matter. Grievances are not publicly available unless there is a finding against the attorney.
Disciplinary proceedings do not affect the outcome of a lawsuit, but they may lead to eventual sanctions against the offending lawyer. Although disciplinary rules do not relieve the attorney of civil responsibility for malpractice and are not intended to protect a lawyer from civil liability, it can be a factor in awarding damages.

The Cost of a Legal Malpractice Lawyer

In a legal malpractice setting, the client has to pay for the malpractice of the attorney. This will happen no matter the fee arrangement with the legal malpractice attorney. Legal fees in Massachusetts are high, and rarely is a legal bill less than $1,500 for a starter case. When these bills are incurred and paid, either directly or by settlement, the client does not have much if anything left to show for it.
A retainer fee is a straightforward concept: you pay an upfront amount to hold the lawyer’s services. The amount varies based on the attorney’s evaluation of your case. The retainer is generally held in an IOLTA (Interest on Lawyer Trust Account) . This is an account that the lawyer should maintain to hold client funds until the completion of the case, or until the payment of court costs and other expenses is required.
If a case is taken on a contingency fee basis, the client pays the lawyer nothing unless the client wins their case. Specifically in Massachusetts, when a legal malpractice case is handled on a contingency basis, the attorney is entitled to 50 percent of the judgment amount. Also, the legal fees and any litigation costs still have to be paid at the outset of the case.
The costs associated with hiring a legal malpractice attorney should be evaluated. First, the client needs to choose a qualified attorney, then weigh the financial aspects. The importance of the work must be correlated with the work product.