Legal Question in Legal Malpractice in Massachusetts

Attorney/Legal Malpractice or not?

In �04 we had fire. We asked our lawyer repeatedly to sue the laundry that took our clothes without permission and damaged them, lost them, charged us for tenant�s and other peoples� clothes among other things. After they sued instead we asked countersue. Sent him detailed email to answer the interrogatories, he didn�t, no time and he�s still stalling. When we�re out of state he said he sent them a 7K check which the co. never got and started foreclosure. We paid 15K fine to mrtgage co. MA settled with Ameriquest and he can�t give us with proof of the check. He doesn�t notice any of the �miscalculation/mistakes� the insurance co. makes on their favor. Doesn�t answer emails or calls. Now almost all email we sent him mysteriously missing. When we sold our house, we asked him to put a clause to give 2 weeks to get things before possession, he didn�t, we lost everything. Without our knowledge he paid full one who did a very bad job of boarding the house which damaged it more and we told him many times. He�s completely unfamiliar with the home ins. case and he�s mishandling everything. Much more to say. Do we have malpractice case and what do about the laundry lawsuit and ins. claim he's mishandling which I haven't even discussed here?


Asked on 6/28/06, 1:38 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Attorney/Legal Malpractice or not?

From what you say, this attorney and you had agreements about the conduct relating to certain disputes and resolution of matters. You could send him a letter of demand, indicating that you intend to file suit. You could also send him a 93a consumer protection letter. You could also retain counsel to represent you in an action. The latter is of two types (1) payment by the hour; or (2) contingency. Contingency means that you may pay costs, but not for the lawyer's time, and share in the recovery. Payment means providing a retainer, and an agreement regarding the hourly costs which you will have to shoulder. These are some of your options.

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Answered on 6/28/06, 1:44 pm


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