Best Legal Malpractice Lawyers in Massachusetts

About Legal Malpractice Law in Massachusetts, United States

Legal malpractice occurs when an attorney fails to perform their professional duties according to the accepted standards of the legal profession, and this failure results in harm or financial loss to the client. In Massachusetts, legal malpractice is a specialized area of law focused on protecting the rights of clients who have suffered damages due to attorney negligence, misconduct, or breach of contract. Claims can be complex because they require proving not only the lawyer's error but also that this error directly caused harm that would not otherwise have occurred.

Why You May Need a Lawyer

People seek legal assistance in the field of legal malpractice for numerous reasons. Common situations include:

• Missed deadlines leading to lost cases or claims
• Failure to apply the appropriate law or pursue valid claims
• Conflicts of interest not properly disclosed
• Inadequate investigation or lack of thorough representation
• Settling a case without a client’s consent
• Poor communication or lack of updates on the progress of a case
• Loss of important evidence due to attorney inaction

If you believe your lawyer’s error or misconduct resulted in financial harm or loss of legal rights, a legal malpractice attorney can help you evaluate your situation and determine potential next steps.

Local Laws Overview

Legal malpractice in Massachusetts involves the intersection of civil law and professional ethics. To establish a legal malpractice claim, the plaintiff must prove:

• The existence of an attorney-client relationship
• The attorney’s duty to represent the client according to professional standards
• Breach of that duty through act, omission, or negligence
• Causation, meaning the attorney’s breach caused real harm
• Actual damages, such as financial loss or loss of legal rights

Massachusetts law typically imposes a statute of limitations of three years for legal malpractice claims, starting from when the harm was discovered or reasonably should have been discovered. Massachusetts attorneys are also regulated by the Massachusetts Board of Bar Overseers and must adhere to strict Rules of Professional Conduct. Clients may also file a grievance with supervisory authorities outside of pursuing a civil claim.

Frequently Asked Questions

What must I prove to win a legal malpractice case in Massachusetts?

You must prove that an attorney-client relationship existed, that the attorney breached their duty to you through negligence or misconduct, that this breach caused you direct harm, and that you suffered measurable damages.

How long do I have to file a legal malpractice claim in Massachusetts?

Generally, you have three years from the date you discovered, or should have discovered, the malpractice. There are rare exceptions, so consult with a qualified attorney promptly.

What are common forms of legal malpractice?

Common forms include missed deadlines, misapplication or ignorance of the law, conflicts of interest, poor advice, lack of communication, and mishandling of client funds or evidence.

Do I need to win the original case to have a legal malpractice claim?

No, but you must show that your attorney’s error likely changed the result of your original case, which is sometimes called proving the "case within a case."

Can I file a grievance with the Massachusetts Board of Bar Overseers?

Yes. The Board of Bar Overseers handles complaints regarding attorney ethics and professional responsibility but does not award damages. For compensation, you must file a separate civil lawsuit.

How are damages determined in legal malpractice cases?

Damages are usually based on what you lost due to your attorney’s negligence. This might include financial losses, lost opportunities, or diminished value of legal rights.

Can I still bring a claim if I settled my original case?

Sometimes. If you can show you were coerced or misled into settling because of your lawyer’s misconduct, you may still have a claim, but it can be difficult to prove.

Is expert testimony required in Massachusetts legal malpractice cases?

Most legal malpractice cases require expert testimony to establish the standard of care and whether the attorney breached it, unless the breach is obvious even to a non-expert.

What if my attorney was just inexperienced or made a judgment call?

Attorneys are not liable for every mistake or poor outcome. Malpractice requires a violation of accepted professional standards, not just a bad result or a judgment call made in good faith.

How can I find a qualified legal malpractice lawyer in Massachusetts?

Look for attorneys who focus on legal malpractice claims and are familiar with Massachusetts legal standards. Many offer free consultations so you can discuss your situation before deciding how to proceed.

Additional Resources

If you need more information or support regarding legal malpractice in Massachusetts, consider the following resources:

• Massachusetts Board of Bar Overseers - Handles attorney discipline and complaints
• Massachusetts Trial Court Law Libraries - Offers resources on Massachusetts laws and legal forms
• Massachusetts Bar Association - Provides lawyer referral services and legal information
• Local Legal Aid Societies - May assist those with limited means in evaluating a potential malpractice claim
• Civil Court Clerks’ Offices - Can provide information about filing procedures for malpractice cases

Next Steps

If you believe you are a victim of legal malpractice in Massachusetts, collect all relevant documents, including client agreements, court papers, correspondence, and evidence of your losses. Make detailed notes about what occurred and when. Consider consulting a legal malpractice lawyer who practices in Massachusetts to evaluate your case. Be mindful of filing deadlines, and do not delay seeking advice, as the statute of limitations is strict. If you feel your attorney violated ethical standards, you may also contact the Massachusetts Board of Bar Overseers to file a complaint. Taking prompt and informed action is crucial to protecting your rights and obtaining the help you deserve.