Legal Question in Legal Malpractice in Massachusetts

legal malpractice

Hello,

I have this question (maybe three in one): I filed a civil

lawsuit in MA against certain (MA) group of

people in 7/1999, I had no lawyer then. It was dismissed.

Seeking justice, I decided to take the exact same

matter to Federal court, in 6/2000, in Boston, MA.

This time I had a lawyer, who turned out overcharged

me (read: exploited me). The case was dismissed,

because that case HAD BEEN SEEN IN A PREVIOUS COURT.

(with the lawyer's knowledge).

I can NOT afford (I don't have the money) to hire a

lawyer for me to sue the lawyer who took advantage of

me. This is my question (s):

A) can a lawyer (in MA)take a case (the exact same case) to a different court, even if the same case have been seen in another court?.

B) How much time, according the the law, in MA, do I have to take legal action against this lawyer, from 6/2000, to the present?. I hope it's NOT too late for me, for I want to take this matter to the Board of Overseers and denounce this lawyer for exploiting his or her clients?.

C) Is there any way to know if the first case was dismissed WITH OR WITHOUT PREJUDICE, by looking at the court's papers?.

Thank you very much.


Asked on 2/07/03, 5:46 pm

2 Answers from Attorneys
David Fox Law Offices of David S. Fox

Re: legal malpractice

I have reviewed your question; however more information is needed to answer all of your concerns. It may be possible for you to pursue a claim.There is a 3 year statute of limitations in Massachusetts for legal malpractice commencing from the date of the malpractice occurence.

Very truly yours,

David S. Fox, Esq.

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Answered on 2/08/03, 10:21 am
Nance Lyons Law Office of Nance Lyons

Re: legal malpractice

You have three (3) years from the date you knew or should have known that your lawyer engaged in malpractice; you should go to the Boasrd of Bar Overssers. Thy also have a fee arbitration system which would allow you to dispute the fees charged to you. Cases that are dismissed within the statute of limitations must be re-filed within that time frame; cases that were dismissed with prejudice can only be challenged for one years after date of dismissal and then you must meet heavy burden to show cause why dismissal should be revoked.

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Answered on 2/10/03, 12:51 pm


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