Law Office of Christopher Earley
 

What is Legal Malpractice in Massachusetts?

Lawyers make mistakes.  When lawyers make mistakes and their clients are somehow harmed by the mistake, then there may be a remedy for the aggrieved client against the lawyer.  Here is a good explanation of what legal malpractice is, provided by the website of Massachusetts legal malpractice attorney Charles P. Kazarian:

"Legal malpractice is a serious matter involving the breach of a duty owed by a lawyer to a client resulting in demonstrable damage to the client. Lawyers are obliged to conduct themselves with the skill, care and diligence of an ordinary, qualified practitioner in the practice area of a client’s case. In other words, if it causes you harm, below-average performance by your lawyer is generally considered malpractice.

"The mere fact that you lost your case or lost an asset / legal right is not by itself evidence of malpractice. You still have to show that your lawyer violated the duty of care described above and that the violation resulted in a loss. An ordinary, average performance by your lawyer is also not malpractice. The fact that an excellent lawyer would have done a better job does not necessarily mean that your lawyer’s ordinary performance is malpractice, even if you lost."

A common legal malpractice claim involves a blown statute of limitations case against an attorney.  In this situation, the former client is suing his/her attorney f0r failing to file the client’s personal injury lawsuit within the required statutory time.