Legal Question in Legal Malpractice in Massachusetts

My daughter is being charged with Auto insurance fraud and an attempt to com. crime. She was shopping while car was parked in parking lot. When she got home she noticed some damage to her car. She contacted her insurance company and put a claim in thinking she had a hit and run in parking lot. Her claim was denied stating she got into an accident, she argued with the insurance company and then let things be not collecting any money. (Needless to say, months later, her boyfriend at the time finally told her that when he borrowed her car he slid on ice and hit something). She thought it didn't matter because it was a closed claim. She got paper work for an arraignment of the charges. She contacted a family attorney and he went to court with her on the arraingment and he was listed as her attorney. A few weeks later his wife called my daughters grandmother (sisters) and was telling her about everything that was going on with the case. 20 years ago I also had him as an attorney and his wife also was talking about my case 20 years ago and things that happen (not a criminal case). Once my daughter found out she decided not to have him as an attorney. She went back to court and so did the attorney to release himself. She now has a new attorney. However, today in the mail me and my husband (we signed paperwork stating that if she did not pay that we would pay) received a bill for $900.00. One I don't feel we owe him that much money because of his conduct. My question is: Is it against the law in Massachusetts for an attorney to break confidentiality information of a case to his wife and have his wife break that confidentiality to other people?


Asked on 9/16/10, 8:26 pm

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

Confidentiality should not be broken; it is critical and a violation of the rules of professional conduct. On occasion, lawyers do talk to their spouse. you do not say how the confidentiality was broken or on on what basis do you make this claim.

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Answered on 9/22/10, 8:14 am


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