Legal Question in Legal Malpractice in Massachusetts

Legal ineptitude for high fees

We recently spent 4 years dealing with an attorney who was supposed to be representing us and giving us advice on a civil matter. He did not give us the right advice as he was not well informed himself about the disposition of a motion that was filed in district court which declared us libel. He prepared us for a subsequent court date that was supposed to include our testimony and the supoened witnesses testimony before a 6-man jury. When we arrived at court, we found that the jury was there only to determine the dollar amount of damages, not for the trial we were led to believe would take place. We settled out of court.....however, this attorney wants to charge us $150 per hour for his misguided last minute cramming for a trial as well as for the time at court. He has run a bill up to $2,500 for work that was not necessary and could have been avoided if he knew what he was doing. The other lawyer inferred the same a few months prior. What course of action should I take? I can't justify the fees because of his gross ineptitude.


Asked on 6/12/03, 3:10 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Legal ineptitude for high fees

The Mass Board of Bar Overseers at 75 Federal Street governs the ethical practice of attorneys and may refer fee disputes to a fee arbitration board if both you and lawyer agree. If s/he will not accept arbitration, don't pay and if s/he sues to collect within three years you can countersue for malpractice. If you don't wish to wait three years, you may sue for malpractice now.

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Answered on 6/12/03, 3:21 pm


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