ATTORNEY MALPRACTICE

Most cases involving legal malpractice in Massachusetts result in a settlement with a "confidentiality agreement." This is a contract between our client and the prior attorney (and his or her insurance company) which forbids the client from discussing the settlement. Wherefore, for the following representative cases in which no lawsuit was filed, we have changed names, towns, and genders so that our clients are not in violation of the confidentiality agreements. We have not changed dates.

ATTORNEY MALPRACTICE: SAMPLE CASES

Legal Malpractice Yields Rare Triple Damages and Attorney Fees Award

On February 2, 1992 , Mr. C., a 747 captain, was on a layover in Boston dining at a local restaurant.  While eating a taco salad he bit into a rock about 3/8 inches in diameter which resulted in damaging a tooth in the lower front and center of his mouth.  Mr. C was diagnosed with an “angular crack in his lower front tooth number 24.” 

Mr. C. hired a well known Boston attorney, entered into a contingent fee agreement, and provided the rock, dental records and a dental report from his treating dentist to counsel.  Unfortunately, the attorney failed to serve the defendant and the Court dismissed the case.  For six years, Mr. C. called and wrote to his counsel requesting the status of his case.  Counsel responded by sending letters and phone messages claiming such falsehoods as “Your case is simply waiting for a trial date to be assigned,” and “Next time, contrive to be injured in a state where cases get to trial sometime in the lifetime of the parties.  Your case is pending and sitting.” 

When Mr. C. finally was informed of the loss of his rights, he retained the Law Office of Neil Burns to pursue a legal malpractice claim.  Upon receipt of a 93A letter, defense counsel for the negligent attorney responded as follows:  “Your demand for relief is a classic case of overreaching that clients often engage in when they make a claim against a former attorney.  Negligence by an attorney is not a license to seek the sun, moon, stars and everything beyond.”  Negotiating a settlement proved useless and the matter went to trial. 

 According to the findings by the Court, the Chief Judge of the Boston Municipal Court, sitting as a Superior Court Judge, counsel undertook a “long-practiced deception that C’s case was still pending…[which] actively misled C to believe that not only would trial be forthcoming but also that settlement was still possible.”  

After testimony by a dental expert and a legal expert, the Court found for Mr. C. and awarded treble damages pursuant to Massachusetts General Laws, Chapter 93A.  Upon the filing of a motion for attorney fees, the defendant paid the full damages, interest, costs and attorney fees.

See Suffolk Superior Court Civil Action Number 02-04485.

$1,000,000.00 Awarded to Client as Victim of Attorney Malpractice

  Mrs. P. was sexually assaulted while incarcerated at the Suffolk House of Correction.  Her attorney filed suit in Federal Court, however, he failed to prosecute the lawsuit and the case was dismissed.  Nevertheless, for several years the offending attorney entered into a series of pranks to induce Mrs. P to believe her case was active.  Mrs. P. ultimately learned of the misadventure and retained our office.  In less than one year, we obtained a Judgment in the amount of $1,000,000, plus interest and costs. 

  See Suffolk Superior Court Civil Action Number 05-0963A

Legal Malpractice: Weak Prosecution

A 10 year old girl in Quincy was attacked by her teacher in school in 1986. The teacher hit the desk, the desk broke with a large piece of wood hitting Suzie in the face. Two teeth were broken and capped. Suzie's family hired attorney Svetlana, however, the attorney did not prosecute the case aggressively. More importantly, Svetlana failed to assist Suzie in answering interrogatories (written questions by the defendant) in a timely fashion and the lawsuit against the city was dismissed in 1997. Suzie's attorney compounded the problem by paying Suzie in excess of $65,000 in small payments to appease her. Suzie retained our office. We filed a claim with Svetlana's insurance company.

Within 5 months the case was mediated before a mediator in Boston and the case was settled for over $100,000.

Legal Malpractice: Not filing a Lawsuit On-time  (Missing the Statute of Limitations)

Sven was working at the hospital kitchen in Boston. The trash company, Waste Management, showed workers how to override the compactor's hydraulic system when it did not work in cold weather. The instructions were followed by Sven, when one very cold day the hydraulic system went into reverse and the compactor's steel cover bashed Sven's right index finger, resulting in two surgical procedures to correct it. Sven's attorney, Sherman, had lots of associates. Every few months Sven would get a letter from Sherman's new associate introducing him or herself and exclaiming that the case was being worked. Unfortunately, while associates were changing and while Sherman was down in Florida on vacation, the Stature of Limitations ran on Sven's case and he lost his rights to sue Waste Management. Sven retained my office and we filed a lawsuit against Sherman. His attorney tried to get us to dismiss the lawsuit and file against Waste Management in Mississippi. We aggressively fought Sherman and his insurance attorneys by taking depositions of everyone at Waste Management who had used that compactor.

When we finally found the worker that gave Sven the negligent instructions, Sherman's insurance company paid $125,000.

 

Legal Malpractice: Negligence

Kay Andersen was driving to her evening class in February 1987 when Ralph Gates, driving a vehicle he purchased the day before, came barreling out of a church parking lot and hit Mrs. Andersen broadside. Ralph was traveling so fast that he pushed Ms. Anderson's vehicle across the road and turned it upside down into a snow bank. The fire department had to pry the vehicle apart to get Kay out. Kay's injuries were so horrific that the emergency room doctor called the police to see if Kay's wallet contained an organ donor card. Nevertheless, Kay survived with only minor brain damage.

Kay's attorney settled the case against Ralph, by collecting the $10,000 insurance policy. However, the attorney failed to proceed against Kay's own insurance company for underinsurance coverage (click here for an article about underinsurance). Finally, eleven years later, in 1998, Kay's attorney admitted his error to Kay and she retained my office. We filed a Massachusetts General Laws, Chapter 93A Consumer Protection Demand against the attorney and settled the case for four times the value of the underinsurance against the attorney's malpractice insurance company. Kay's attorney took 11 years; we settled the case within 7 months of being retained.

Next, we filed a claim with Kay's insurance company for her underinsurance coverage and, within 45 days, received the full underinsurance policy for Kay.

 

Legal Malpractice: Misuse of Client Funds

 

Phil hired Attorney Yates to represent him after he suffered injuries in an automobile accident. The attorney secured an offer of the full insurance policy from the defendant's insurance company. Phil signed a release, however, Attorney Yates only gave him a small percentage of the settlement.

Phil hired us. We secured a copy of the settlement check from the insurance company and reviewed it with Phil. Attorney Yates had forged Phil's name. Knowing that Attorney Yates was disbarred and had no malpractice insurance, we filed a claim against the bank for falsely honoring Phil's forged signature.

Six months after hiring us Phil received the full amount of the settlement.

 

 

Legal Malpractice: Failure to Protect Family Home in Bankruptcy Case

Nomar retained our office when his bankruptcy attorney failed to properly protect Nomar's family home in a Chapter 7 personal bankruptcy. Racing against the creditors trying to foreclose, I retained Attorney Richard Olson as an expert witness. He is an attorney licensed to practice in Massachusetts and Maine, with extensive bankruptcy experience. www.perkinsolson.com/

We were able to negotiate a settlement that allowed Nomar, his wife and four children, to keep their home and pay all damages.

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