Boston Legal Malpractice Attorney

If you believe your personal injury case was mishandled due to your attorney’s negligence, you may have grounds for a legal malpractice case. At Michael Kelly Injury Lawyers, you will work with an experienced legal malpractice attorney who will help you achieve justice.

What Is Legal Malpractice?

Legal malpractice happens when an attorney breaches their duty to a client, resulting in damage or harm. It involves an attorney’s negligence or misconduct that negatively impacts a client’s case. If an attorney misses an important deadline, fails to prepare adequately for trial, or provides incorrect legal advice, clients may face financial losses or missed opportunities for justice.

At Michael Kelly Injury Lawyers, we handle legal malpractice cases related to an injury to your person. For example, this could be from a car accident, motorcycle accident, pedestrian accident, truck accident, or a product liability case.

Our firm has extensive personal injury law expertise, and we can address instances where clients were inadequately represented by their previous attorneys. Contact us for a free consultation with a skilled legal malpractice attorney.

Common Types of Legal Malpractice Cases

If you feel you have been misrepresented, you need to prove your experienced malpractice to go after legal fees paid and recoup your investment. Here are the most common types of malpractice cases:

• Missing the Statute of Limitations

  When an attorney fails to file a lawsuit within the legally specified time frame.

• Failing to Meet Procedural Deadlines

  Missing critical filings, motions, or response deadlines.

• Fraud

  Intentionally deceiving the client for personal gain or to cover up mistakes.

• Breach of Fiduciary Duty

  Failing to act in their client’s best interests, whether through dishonesty or negligence.

• Inadequate Discovery

  Not conducting thorough investigations or failing to gather necessary evidence.

If you have experienced any of these issues, it is crucial to seek advice from a legal malpractice attorney. Our legal malpractice expert lawyer can help you understand your rights and explore your options.

Breach of Duty of Loyalty in Legal Malpractice

When you hire an attorney to represent you in an injury case, you want to know they have your back. Reliable professionals like our Boston personal injury lawyers will take the attorney-client relationship seriously. However, this isn’t always the case.

Attorneys owe their clients a duty of loyalty, which means acting in the client’s best interests at all times. A personal injury attorney must also avoid conflicts of interest, maintain client confidence, and promptly communicate all relevant information, such as settlement offers, throughout the process.

Common scenarios that constitute a breach of this duty include:

• Representing Conflicting Interests: An attorney representing clients with opposing interests without proper disclosure and consent can severely compromise their ability to act properly.
• Failing to Maintain Client Confidences: Disclosing confidential information without the client’s permission can harm the client’s case and trust in the attorney.
• Not Communicating Settlement Offers: Attorneys must promptly inform clients of any settlement offers and other significant developments in their case.

If your attorney breaches this duty, you may be able to collect damages for the harm caused by their negligence. This includes any losses from the original case and additional expenses incurred from pursuing legal action against the attorney. If you believe your personal injury attorney did not act properly, you should seek legal advice from a lawyer for legal malpractice to determine your options.

Does My Former Lawyer Have Malpractice Insurance?

According to Supreme Judicial Court Rule 4:02, each attorney must annually certify whether they are covered by professional liability insurance. Additionally, attorneys who have insurance must notify the Board within thirty days if their coverage lapses or terminates without immediate renewal or replacement.

However, despite this requirement, malpractice insurance is not mandatory for lawyers, and attorneys are not required to disclose this information to clients. This can pose significant challenges if you need to collect compensation for attorney’s negligence.

Collecting compensation in a malpractice suit can be difficult if the attorney lacks insurance or sufficient assets. Our qualified legal malpractice lawyer can help you understand your options and the best course of action.

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Compensation Available to Legal Malpractice Victims

Victims of a serious error from a previous attorney can receive various types of compensation for the harm they suffered. This includes court costs, legal fees, and refunds for services paid to the negligent attorney.

Restitution for additional expenses incurred due to attorney malpractice, as well as compensation for pain and suffering, may also be available. In some cases, punitive damages can be awarded to punish the negligent attorney and deter similar behavior.

Thorough evidence collection is super important to securing these compensations. Consulting an experienced legal malpractice lawyer is necessary to help you manage the complexities of these claims.

Damages in Legal Malpractice Claims

Proving damages involves demonstrating that the client suffered legal or monetary harm because the attorney committed legal malpractice. This could include financial losses, missed opportunities, or adverse legal outcomes.

Additionally, your legal malpractice lawyer must show that the damages in the original case were collectible. This means that if the attorney had acted properly and in the best interest of the attorney-client relationship, the client would have received compensation or a favorable judgment.

How to Prove Legal Malpractice

Proving malpractice involves demonstrating that an attorney failed to use the ordinary skill or care expected in similar situations. To establish a claim, four elements must be proven:

1. Duty: The attorney owed a duty to provide competent representation to you.
2. Breach: The attorney breached this duty by acting negligently or making errors no reasonable attorney would make.
3. Causation: The attorney’s breach directly caused you harm.
4. Damages: You suffered financial harm due to this situation.

You must show that the attorney’s actions directly caused financial harm. Consulting with an experienced legal malpractice attorney can help you gather the necessary evidence and build a strong case.

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Time Limits for Filing a Malpractice Case in Boston

In Massachusetts, you have three years from the date of malpractice or its discovery to file a case. Failing to file within this period can result in your case being time-barred. This means you lose the right to seek restitution.

However, the time limit can be different in some cases. An experienced attorney can help you understand the specific timeline for your situation.

Consult a Legal Malpractice Lawyer in Boston

If you suspect that a legal malpractice occurred in your previous case, you may be due damages. Don’t let the loss of your initial injury case keep you from pursuing justice. If you were not properly represented during the litigation process, our team can help.

It’s important to understand that not every unfavorable outcome constitutes malpractice in your previous legal representation. However, if you suspect your case was mishandled, consulting with a legal malpractice attorney is the next step.

The Michael Kelly Injury Lawyers team will evaluate your claim and guide you through the next steps. Call 617-444-4444 or contact us online to talk to an attorney for legal malpractice, initiate your claim evaluation, and seek justice for what your attorney owes you.