Legal Malpractice in Massachusetts Criminal Defense; a Difficult Hurdle

When a criminal defense attorney fails to provide competent representation, the consequences extend far beyond a lost case. A wrongful conviction, unnecessary prison time, or a permanent criminal record can destroy careers, tear apart families, and strip away fundamental freedoms.

Boston legal malpractice lawyer Neil Burns represents Massachusetts residents in legal malpractice claims against criminal defense lawyers accused of breaching their professional duties.

Criminal legal malpractice cases present unique challenges that distinguish them from typical attorney negligence claims. Massachusetts law requires you to prove not only that your attorney performed below professional standards, but often that you were actually innocent of the charges or would have received a better outcome with competent counsel.

This “actual innocence” standard creates a complex legal burden that demands thorough investigation, strategic litigation, and deep knowledge of both criminal and malpractice law.

At The Law Office of Burns Jain, we understand the devastating impact of legal malpractice in Boston’s criminal defense from our experience representing affected clients, and we approach every case with compassion and careful attention. We know that behind every case is someone whose life was derailed by an attorney they trusted to protect their freedom.

Our approach combines meticulous case analysis with genuine compassion for clients who have already endured one failed attorney relationship. While these cases require extensive work to prove both negligence and innocence, holding negligent attorneys accountable strengthens the entire justice system.

Do You Have a Claim Against a Criminal Defense Lawyer?

If your criminal defense attorney’s mistakes led to your conviction, a harsher sentence, or missed opportunities for case dismissal, you may have grounds for a legal malpractice claim. Massachusetts recognizes that when lawyers fail their clients in criminal cases, the consequences can be devastating and life-altering.

Attorneys Neil Burns and Roshan Jain have extensive experience holding negligent lawyers accountable throughout Massachusetts. We understand that criminal malpractice cases require proving both attorney negligence and actual innocence – a complex legal challenge that demands experienced representation.

What Is Legal Malpractice in a Criminal Case?

Legal malpractice in Boston’s criminal defense occurs when your attorney fails to provide competent representation and that failure directly causes harm to your case. Unlike a simple poor outcome, malpractice requires proving that your lawyer acted below the professional standard of care expected in Massachusetts courts.

Criminal malpractice differs significantly from civil cases because you typically must demonstrate actual innocence. This means proving not only that your lawyer was negligent, but also that you would have achieved a better outcome with competent representation.

To establish a valid claim, you must prove four essential elements:

Duty: Your attorney owed you competent legal representation under Massachusetts professional standards.
Breach: The attorney violated this duty through negligent acts or omissions that fell below acceptable practice.
Causation: The attorney’s mistakes were the direct cause of your conviction or harsher sentence.
Damages: You suffered quantifiable harm such as wrongful imprisonment, fines, or lost opportunities.

Do You Need Post-Conviction Relief Before Filing Suit?

Massachusetts law generally requires you to overturn your conviction before pursuing a successful malpractice claim against your criminal defense attorney. This “actual innocence” requirement means you must typically win an appeal, secure a new trial, or obtain other post-conviction relief first.

However, there are limited exceptions to this rule. Some courts have allowed malpractice claims to proceed when the attorney’s negligence was so egregious that it prevented any meaningful defense. These cases are rare and require careful legal analysis.

You should contact an experienced Boston legal malpractice attorney firm immediately, even while your post-conviction motion is pending. Strict deadlines apply to both criminal appeals and malpractice claims, making timing critical to preserving your rights.

Can You Sue If You Pled Guilty?

Guilty pleas create significant challenges for malpractice claims, but they don’t automatically bar your case. Massachusetts courts recognize that some pleas result from attorney negligence rather than informed client decisions.

You may have a viable claim if your attorney coerced you into pleading guilty by being unprepared for trial or failing to investigate your case. Similarly, if your lawyer never communicated favorable plea offers from prosecutors, you might have grounds for a claim.

Courts also consider whether your attorney properly advised you about plea consequences. If your lawyer failed to warn you about mandatory deportation, sex offender registration, or other direct consequences, your plea might not have been truly voluntary.

Common Types of Criminal Defense Attorney Malpractice

Legal malpractice in Boston’s criminal defense takes many forms, but specific patterns appear repeatedly in Massachusetts courts. Understanding these common errors can help you recognize whether your attorney’s conduct crossed the line from poor performance to actionable negligence.

Missing Critical Deadlines and Motions

Criminal cases involve numerous deadlines that can permanently affect your rights. Your attorney must file motions to suppress illegally obtained evidence within specific timeframes. Missing these deadlines often means losing the opportunity to exclude crucial prosecution evidence.

Appeal deadlines are equally critical. Massachusetts imposes strict time limits after sentencing for filing a notice of appeal. Missing this deadline typically forfeits your right to challenge errors that occurred during trial.

Inadequate Investigation and Preparation

Competent criminal defense requires a thorough investigation of the charges against you. Your attorney should interview potential witnesses, review police reports carefully, and consult experts when necessary. Failure to conduct a basic investigation can constitute malpractice when it leads to missed defenses.

Some attorneys take on too many cases and fail to prepare adequately for trial. This might include failing to review discovery materials, failing to prepare witnesses, or appearing in court without understanding key evidence.

Conflicts of Interest

Your attorney owes you undivided loyalty throughout your representation. Conflicts arise when lawyers represent co-defendants with opposing interests or when personal relationships compromise their judgment. Massachusetts professional conduct rules strictly prohibit such disputes without the client’s informed consent.

We have seen cases in which attorneys represented multiple defendants in the same case, creating situations where zealous advocacy for one client would harm another. These conflicts often result in inadequate representation for all involved.

Failure to Communicate Settlement Offers

Prosecutors sometimes make plea offers that your attorney must communicate to you promptly. The Supreme Court has held that attorneys who fail to convey formal plea offers commit deficient performance that can support malpractice claims.

Your lawyer should explain not just the terms of any offer, but also the likely consequences of accepting or rejecting it. Failure to provide this guidance, or misadvising you about plea consequences, can constitute negligence.

Proving Your Criminal Malpractice Case

Criminal malpractice cases require proving a “case within a case” – showing that competent representation would have led to a better outcome. This complex burden means you must essentially retry your original criminal case while simultaneously proving your attorney’s negligence.

Expert testimony usually plays a crucial role in these cases. You’ll typically need a qualified criminal defense attorney to testify about professional standards and explain how your lawyer’s conduct fell below acceptable practice. These experts help judges and juries understand the significance of your attorney’s errors.

Causation presents particular challenges in criminal cases. You must show that your attorney’s mistakes actually caused your conviction or harsher sentence. This often requires demonstrating what would have happened with competent representation – a difficult but not impossible burden.

The attorneys at Burns & Jain work with respected experts throughout Massachusetts to build compelling cases for our clients. Our experience in both criminal and malpractice law helps us present these complex claims effectively.

What Damages Can You Recover?

Successful criminal malpractice claims can result in significant compensation for the harm you suffered due to your attorney’s negligence. The specific damages available depend on your case’s unique circumstances and the extent of harm you experienced.

Lost income represents one of the most common damage categories. If you were wrongfully imprisoned due to your attorney’s negligence, you can seek compensation for wages and benefits lost during incarceration. This calculation includes not only your salary but also the career advancement opportunities you missed.

Legal fees paid to the negligent attorney can often be recovered through fee disgorgement. Courts may order attorneys to return fees when their negligence caused the very harm they were hired to prevent. You may also recover costs for subsequent attorneys hired to correct the original lawyer’s mistakes.

Emotional distress damages are available in appropriate cases, though Massachusetts courts scrutinize these claims. The trauma of wrongful conviction and imprisonment can justify substantial awards when properly documented through expert testimony.

Evidence You Should Preserve Now

Building a strong malpractice case requires comprehensive documentation of your attorney’s negligence and its consequences. Start gathering evidence immediately, as some materials become harder to obtain over time.

Court records provide the foundation for most criminal malpractice claims. Obtain complete copies of your case file, including all motions filed, court orders entered, and transcripts of hearings and trial proceedings. These documents create an official record of what your attorney did or failed to do.

Your fee agreement and all communications with your attorney help establish the scope of representation and document failures in performance. Save emails, letters, bills, and notes from conversations. These materials often reveal patterns of neglect or incompetence that support your claim.

If new evidence of your innocence has emerged, document it carefully. Witness affidavits, expert reports, or physical evidence that wasn’t presented at trial can strengthen both your post-conviction motion and your malpractice claim.

The Massachusetts Statute of Limitations

Massachusetts law gives you three years from discovery to file your claim, but determining when this period begins can be complicated in criminal cases. The clock might start when you’re convicted, sentenced, or when you first learn about your attorney’s negligence.

Some courts have held that the limitations period doesn’t begin until your conviction is overturned, reasoning that damages aren’t complete until then. This area of law continues to evolve, making prompt consultation with experienced counsel essential.

Never attempt to calculate limitation periods yourself. If you miss the deadline, you’ll lose your right to sue forever, which is a big deal. If you think your criminal defense lawyer did something wrong, call The Law Office of Burns Jain right away.

Why Choose The Law Office of Burns Jain for Criminal Legal Malpractice

Criminal malpractice cases demand attorneys who understand both legal malpractice principles and criminal defense practice. Many firms handle civil malpractice but lack the specific experience these complex cases require.

Attorney Neil Burns practices law in Boston and focuses on holding negligent lawyers accountable. Our firm’s decades of experience include representing clients whose criminal defense attorneys failed them at critical moments.

We approach each case with the thoroughness your original attorney should have provided. Our investigation includes reviewing all court records, consulting with criminal defense experts, and evaluating the collectability of any potential judgment.

The Law Office of Burns Jain believes in open communication, which many of our clients have never received from their previous lawyers. We keep you up to date on the process and make sure you understand your choices.

Frequently Asked Questions

Can I Sue a Court-Appointed Public Defender?

Yes, you can sue public defenders for malpractice in Massachusetts. However, these cases may involve additional procedural hurdles and shorter deadlines due to government immunity rules that require careful navigation.

Will You Handle My Criminal Appeal Too?

Our firm focuses exclusively on the civil malpractice claim against your attorney. We collaborate with experienced criminal defense lawyers who handle post-conviction relief while we pursue your malpractice case.

What If My Attorney Had No Malpractice Insurance?

We investigate attorney assets and insurance coverage before accepting cases. While uninsured attorneys present collection challenges, we’ve successfully recovered damages from attorneys without insurance through persistent litigation.

How Long Will My Criminal Malpractice Case Take?

The time to resolve these cases varies depending on their complexity and whether your underlying conviction must first be overturned. The timeline also depends on court schedules and discovery needs.

Do You Work on Contingency for These Cases?

Yes, we handle most criminal malpractice cases on a contingency basis, meaning you pay no attorney fees unless we recover compensation for you. This arrangement ensures access to justice regardless of your financial situation.

Contact Burns & Jain for Your Criminal Malpractice Claim

Your criminal defense lawyer’s carelessness may have cost you your freedom, but it doesn’t have to define your future.

If you think your old lawyer’s actions helped get you convicted or sentenced, don’t wait to get help. These cases have complicated legal issues and tight deadlines, so it’s essential to act quickly to protect your rights.

The Law Office of Burns Jain has the experience and dedication to hold careless lawyers accountable and fight for the justice you deserve. We will look at your case honestly and tell you if you have a good reason to ask for money for the damage you’ve done.