This is the Boston Accident Injury Blog, written by Attorney the attorney, a Boston trial lawyer, with over twenty-five years of experience practicing law and trying case in the Boston area and throughout New England. I have started this Blog with two purposes in mind: first to provide persons with legal problems with information about what they can do to recover for injuries and damages caused by the conduct or misconduct of others, and second, to try to provide information to other lawyers about developments in the law in Massachusetts and elsewhere.
The Blog will attempt to inform and educate persons and businesses about their rights and their right of access to the court system when they need to redress wrongs, breaches or other injustices caused by others, and also to provide a forum to review and analyze recent decisions from state and federal courts, which involve interesting fact patterns and/or provide incite as to the present state of the law in Massachusetts, and elsewhere,
I will also try to describe some of my areas of practice, including summary descriptions of cases of interest, which my firm has handled in the past. Today, I will begin with a brief discussion of LEGAL MALPRACTICE .
LEGAL MALPRACTICE SUMMARY
To err is human, but attorneys are not immune from the consequences of mistakes made in the course of representation of a client. Most attorneys carry malpractice insurance for this express purpose. the attorney has represented clients with claims against attorneys who have represented them in cases, but those attorneys have made errors resulting in monetary damages.
These mistakes typically involve attorneys who miss court filing deadlines, who fail to inform their clients of settlement offers, who prepare documents, which contain errors resulting in adverse consequences to the client, and other negligent acts, which extinguish or damage client interests. Legal malpractice cases tend to be complex as they usually require proving two cases, the case against the erring attorney and the underlying case in which the attorney made a mistake. They also require experts, who can provide opinions to corroborate the fact that mistakes have been made.
A CASE IN POINT :
Here is a summary of a case, which the firm handled several years ago:
Landowner who hired attorney to assist with purchase of abutting land held by estate of former partner collects $395,000 when attorney failed to timely submit last and highest offer to probate court
The Plaintiff hired an attorney to assist in the purchase of a vacant parcel of land, which abutted property where he operated his business, and which belonged to the estate of his former business partner. Bids were being submitted to the Probate Court, which had to issue a license for the sale to proceed. Several offers were submitted, and the Court finally issued a deadline for bidders to submit their highest and last offer. The attorney missed the deadline and the property was sold to another bidder, who subsequently sold the property to the Plaintiff, but at a significantly higher price. the attorney commenced an action in Essex Superior Court against the attorney. The case settled just prior to trial for a substantial six figure amount.