Legal Malpractice Lawyers
Has Your Attorney Caused You Harm?
Helping Clients Recover From Their Former Lawyer’s Negligence – Since 1985
Top Legal Malpractice Law Firm
People rely on their lawyers and when the lawyer neglects their client’s case, it can often be devastating for the client. The victims have a double pain – they had an underlying case that they could have won, or done significantly better in…and, they have to file a claim and possibly a lawsuit against their own (former) lawyer. They lose faith in the system. Our mission to bring back faith in the legal system.
Attorney Burns and Attorney Jain have over 50 years of combined litigation experience. Most cases don’t go to court but they litigate cases in courts throughout Massachusetts in state and federal court. As such, the insurance trial lawyers take them seriously. Burns & Jain believe that it is only a just legal system if lawyers can be held accountable. They aggressively advocate for their clients to secure results.
Award Winning Lawyers
Over 50 Years Combined Experience
Millions Recovered For Clients
Common Legal Malpractice Cases
- Excessive Lawyer Fees
- Missed Statute of Limitations
- Civil Procedure Violations
- Divorce and Malpractice
- Immigration and Malpractice
- Bankruptcy and Malpractice
- Malpractice and Failure to file a Homestead
- Malpractice and the Consumer Protection Act 93(A)
- Sexual Assault in Legal Malpractice
- Criminal Defense and Legal Malpractice
- When Lawyers Guarantee Results
- Legal Malpractice and Trusts
Legal Malpractice Case Results
Attorney Neil Burns
I have been practicing law at Six Beacon Street in Boston since 1987. Being a lawyer is a profession I am very proud of; being of service to my clients. My experience is in representing clients from day one through trial, and appeal. I represent victims of personal injury and legal malpractice against insurance companies.
Attorney Roshan Jain
For more than 15 years I have been successfully representing clients in personal injury, professional liability, and consumer protection cases. Having represented both plaintiffs and defendants, I approach each matter by trying to see the case through lens of the other side so that we can develop a winning strategy that anticipates the challenges that will be presented.
Legal Malpractice Frequently Asked Questions
Negligence, breach of contract, breach of fiduciary duty, fraud, and violations of the Chapter 93A, the Massachusetts Consumer Protection Act, are some of the theories we use when bringing claims against lawyers for malpractice. Legal malpractice in most cases requires the existence of an attorney-client relationship, either by express agreement or by implication.
To be found liable for attorney malpractice, it is not necessary that the attorney was performing legal services for compensation. When a client retains an attorney, an attorney-client relationship is created with the retained attorney, and any attorney who is a partner or employee of the retained attorney.
It should be noted that the law does give considerable latitude to attorneys in matters of tactics and judgment in litigation matters. The mere fact that the client fails to obtain the desired result does not necessarily mean that legal malpractice occurred.
A client might also be damaged through a lawyer’s conflict of interest or breach of fiduciary duty (responsibility by law). Conflicts can arise when a lawyer puts his or her interests above a client’s or puts a client’s interest above a different client’s interest. The most common instances of this are when a lawyer enters into a business agreement with a client, a landlord tenant relationship with a client, or a real estate venture with a client.
You can find more information on the common types of legal malpractice cases at the following links.
a. Excessive Billing
b. Missing Statute of Limitations
c. Civil Procedure Violations
d. Divorce and Malpractice
e. Immigration and Malpractice
f. Bankruptcy and Malpractice
g. Malpractice and Failure to file a Homestead
h. Malpractice and the Consumer Protection Act 93(A)
• the existence of an attorney-client relationship
• that the defendant attorney had a duty to use reasonable care
• that the defendant attorney was negligent in fulfilling this duty
• that the defendant attorney’s breach of duty caused you damage
• that we can prove the damages
• that the damages were collectable
For example, if you are suing your personal injury attorney for malpractice, we must be able to prove the underlying, or original, case, and that you would have been able to collect damages from the original defendant or his insurance company.
The analysis of whether or not you have a meritorious malpractice or breach of fiduciary duty case against an attorney is often complex, sometimes requiring consultation with qualified experts.
To prove that your former attorney acted in a way that was below the standard of care for attorneys, we will need an expert to testify as to what the standard of care is, and how the attorney deviated from it. While this may cost money, it is not too difficult to find an attorney willing to testify because the malpractice should be obvious. Whether we will we need a second expert, however, depends on the case. For example, in a personal injury case, we may be able to use certified medical reports and records. In a construction case, we may need to retain an expert contractor or builder to prove those damages.
Damages in Legal Malpractice Cases
In order to succeed in a legal malpractice case, there must be damages. We must prove that you suffered legal or monetary harm due to the attorney’s negligence.
We must also prove that the damages in the underlying case were collectable. Even if we win against the attorney by proving that s/he was negligent, could you have collected monies against the underlying defendant if your attorney had done everything right? Was there insurance or assets to collect against?
Put another way, we must prove that you would have won your original case but for the attorney’s negligence or breach of duty. For example, if you are suing your personal injury attorney for malpractice, we must be able to prove that your personal injury claim would have been successful, and that you would have been able to collect damages from the original defendant or his insurance company.
Whether or not you have a legal malpractice cases should be made in consultation with an attorney. If you suspect that your attorney has committed legal malpractice, call the attorneys at Burns & Jain.
We examined all 116 severe Massachusetts BBO discipline cases, analyzing the data by years in practice, fields of practice, severity of punishment, type of violation, severity of punishment, aggravating and mitigating factors, and many more. You can take a look at the conclusions at the links below.
What We Do
Legal malpractice is when a lawyer breaches his or her professional duty to the client. Burns & Jain has represented hundreds of victims of legal malpractice in Massachusetts since 1985.
Legal Malpractice cases range from an attorney failing to file suit on time so there was never a case, neglecting a lawsuit so the client loses, failing to file responses to discovery resulting in an outright dismissal, failing to properly discover assets in a divorce leaving the client unfairly compensated, filing for the wrong immigration status resulting in loss status, failing to file a Homestead in a bankruptcy so a “fresh start” is not secured, failing to understand criminal defense rules resulting in incarceration and many other causes of neglect.
Most cases are accepted on a contingency, or percentage, basis – clients only pay when Burns & Jain wins for them!
Aggresive, Caring, Effective
Attorney Neil Burns recently represented me on a legal matter and was quite effective and great to work with. I would highly recommend him for a personal injury case. He is highly experienced and professional and I would certainly engage him againSally S
Attorney Burns has the highest ethical and professional standards, he works well with clients, and his approach with insurance companies and opposing attorneys has proved very effective. He carefully approaches each and every step in the case so the client will be in the best position to recover for pain and suffering and lost wages. Valeria B.
I had a previous lawyer that was screwing up my personal injury case. I got Roshan and he got my case back on track and did an excellent job. I was stressed out because I had upcoming court dates related to this and he took care of this and it was time sensitive as well. I highly recommend Roshan.Vinne
Attorney Neil Burns and his staff provided excellent and quality service. Very knowledgeable and very kind. Always keep you updated with progress of the case. He is definitely someone you want on your side to help you through. I highly recommend him.Reviewer Name: rkn1129
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