Legal Question in Business Law in Massachusetts
Corporate Legal Programs
My boyfriend is starting a business and his lawyer is awful! They paid him upfront and after 6 months he has failed to file the correct paper work twice and has failed to produce a share holder's agreement. He is self employed, so there is no boss to go and he doesn't return phone calls. They do not have enough money to go to another lawyer at this point and I am very concerned. Can you make any suggestions?
4 Answers from Attorneys
Re: Corporate Legal Programs
Contact the Massachusetts Bar Counsel's Office:
http://www.mass.gov/obcbbo/
and discuss it with them.
Re: Corporate Legal Programs
ask for your money back, or file a complaint.
Re: Corporate Legal Programs
First, if they think the lawyer is competent, they should send him a certified letter requesting that he file the paperwork as promised, and that he produce the shareholder's agreement in accordance with whatever their fee agreement stated.
It's not clear what paperwork you are referring to. As a practical matter, they want the business incorporated ASAP (i.e. a corporation or llc created with all legal formalities), not any more delay, I assume.
If there is no response, then you could contact another attorney in the area to request assistance as suggested in other answers - a letter from other counsel suggesting what will happen if he doesn't either return the money or produce the work should be fairly effective.
Re: Corporate Legal Programs
Another option is to have another attorney contact the current attorney and get your retainer back and then that attorney could handle to business organization for your boyfriend.
Your boyfriend's current attorney would be better off to just return the money; as the other responses to your question indicated, your other option is to contact the Bar Counsel's office. I would consider this a last resort if all else fails. Somtimes a polite, but firm nudge from another attorney will do the trick and that will move things along quicker for your boyfriend so that he can get his business up an running.
Good luck.