Legal Question in Legal Ethics in Massachusetts
I signed a document to have my paycheck attached for a past debt. Afterwards the lawyer whited out the original dollar figure and increased it and sent it off to my employer for the attachment to begin. Do I have any legal recourse?
1 Answer from Attorneys
I am very sorry about what has happened to you. The conduct you are describing is a black eye on our profession.
On those facts alone you would have two avenues of recourse. First, you would hsve a lawsuit against the attorney (for which you might be able to recover up to three times the difference between the original dollar figure and the figure as altered by the attorney, together with attorney's fees (this is known as Chapter 93A of our General Laws and prohibits unfair and deceptive actions in the collection of debts); and secondly, you would have good grounds to seek discipline against the attorney by bringing a complaint before the Office of Bar Counsel, which investigates and prosecutes complaints against attorneys who breach our Code of Professional Responsibility. Please feel free to be in touch if you wish to discuss the matter further.