Legal Question in Legal Malpractice in Massachusetts
Legal Malpractice Insurance Question
I had a creditor's Attorney slander me in court by presenting false and misleading statements causing my court case to be dismissed. The Judge stated on the record that she made her decision based on what this Attorney said. Also, the Attorney has conducted fraudulent activity in an attempt to help his client launder money. This attorney has contacted my attorney slandering me causing my own Attorney to not want to deal with me. My question is that can I sue this Attorney and can I go after his insurance or would I have had to been his client to collect on his insurance.
1 Answer from Attorneys
Re: Legal Malpractice Insurance Question
You can not sue opposing counsel for malpractice because s/he is not your attorney and does not owe you a duty of care.
If you believe that you have been harmed as the result of fraud and conspiracy to commit fraud, you should speak with law enforcement regarding your claims.
If you have been defamed, you may bring a suit for defamation. However, be aware that certain statements made in the course of a litigation may be protected speech, so long as they are reasonably related to the litigation.
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