Legal Question in Legal Malpractice in Massachusetts
Am I in trouble?
My wife was in two accidents A year apart.Her lawyer failed to show up for court in both cases and now the cases are both dismissed with prejudice. We have been told the statue of limitations is up on both cases and the lawyer does not have malpractice insurance.He will not return her case files. We need help! Can anything be done to reopen the cases for a reason such as attorney incompetence? We have notified the Massachusetts B.B.O. and they can't seem to help.We have also hired new attorney's with malpractice insurance.
4 Answers from Attorneys
Re: Am I in trouble?
I don't get it ... what did you hire new attorneys for?
I'm interested in your malpractice case, but not if you've already hired someone for that.
Please call me at (617) 527-0050, preferably over the weekend or in the evening. I have already a short series of questions to ask you and then I'll be able to assist you. I'll also answer your question about reopening the cases based on your attorney's negligence.
Re: Am I in trouble?
The BBO has a fund to pay victims of attorney
malpractice. Call the Bar and ask for the
printed information about this fund and then
apply. Attorney Williams can possibly help you
to frame your request in tandem with his
other efforts should you call him this weekend.
Re: Am I in trouble?
I have recently assisted a client in resolving a similar problem. The plaintiff's
was dismissed due to the negligence of their attorney. I was retained and was able
successfully reinstate the case on a "Motion For Relief From Judgment."
J. Whitifeld Larrabee
(617) 566-3670
http://www.gis.net/~larrabee/
Below is the opinion digest in that case published in Massachusetts Lawyers Weekly.
Opinion Digest
Civil Practice
Limitations - Car Accident - Death Of Defendant
Where (1) plaintiffs, who were injured in an automobile accident, filed a negligence
complaint against the executrix of the defendant's estate and (2) the executrix was
awarded summary judgment under G.L.c. 260, Sect. 2A on the ground that the
complaint was filed more than three years after the accident, the plaintiffs should now be
awarded relief from that judgment, as the complaint was timely in that it was filed within
one year after the decedent's death.
Sherblom, et al. v. Brigham, et al. (Lawyers Weekly No. 12-287-99) (7 pages)
(Hillman, J.) (Worcester Superior Court) J. Whitfield Larrabee and John N.
Greenwood for the plaintiffs; John McCormack for the defendants (Civil Action No.
97-02631B).
Re: Am I in trouble?
You have hired new attorenys. Can't they answer your questions ? Your wife seems to have a good legal malpractice claim. I have experience with these claims. I defended lawyers for insurance companies during the 1990's and I have won settlements for clients against their old lawyers. The real issues for your wife will be what were those cases worth if properly presented and how to collect. The lawyer has no insurance you say, what do they have ?
I now represent a client with a claim in front of the Client Security Board which refunds clients whose lawyers have stolen from them. I think this is not the best route for recovery.