Legal Question in Legal Ethics in Massachusetts

Re: car accident/personal injury

Edward is right.

I don't have a good feeling about this. If your accident was in 2001, the statute of limitations (time within which you must file your lawsuit) most likely ran (expired) in 2004!

It is unethical for him NOT to provide you with your files and all related court documents on a regular basis. It is unethical for him not to keep you updated on your case.

It is malpractice to miss a statute of limitations, where the time for filing was missed because of his negligence.

You should make a written demand of your entire file within 30 days, and take it to another attorney. If he does not repond to this written request within the time given, then send another one, but CC: the Board of Bar Overseers of Massachusetts (the legal regulatory authority).

Best of luck.

Re: car accident/personal injury

The file (presumably including whatever you gave the attorney, all documents filed in court, and any written decisions and communications (presumably including the order of dismissal) should have been provided to you quickly (although there is no specific time). If you don't get satisfaction over the next two weeks, I would get in touch with the Massachusetts Board of Bar Overseers (who frequently receive and deal with complaints for the refusal to return files). At that point, I would also consult with another lawyer about reviewing what happened--no matter what is the outcome of the bar complaint.