Legal malpractice destroys trust at the worst possible moment. You hired an attorney to protect your interests during a critical legal matter, only to discover their negligence cost you the case, the settlement, or your legal rights entirely.At The Law Office of Burns Jain, our Boston legal malpractice lawyers we hold negligent attorneys accountable for the damage they cause to Massachusetts clients.

Our Boston legal malpractice attorneys pursue claims against lawyers who missed filing deadlines, failed to communicate settlement offers, abandoned cases until dismissal, or violated their professional duties.

We understand the unique challenges of proving attorney negligence and have the specialized knowledge to evaluate whether your former lawyer’s conduct fell below the standard of care required by Massachusetts law.

You need more than just being unhappy with the outcome of your case to prove legal malpractice. You have to show that your lawyer broke their duty to you by doing something wrong that directly caused you to lose money.

This means you have to show that your lawyer made serious mistakes and that you would have gotten a better outcome with a good lawyer. We only handle these types of complex cases at our small law firm, which gives us the experience to meet the demanding proof requirements and fight lawyers and their insurance companies.

From our Boston office at 6 Beacon Street, we represent clients across Massachusetts in legal malpractice and related matters. We offer free consultations to evaluate your situation and explain whether you have grounds for a malpractice claim.

Who Do We Help With Legal Malpractice in Boston and Across Massachusetts?

When your lawyer fails you, the betrayal cuts deep. At The Law Office of Burns Jain, we stand for clients across Massachusetts who have been harmed by attorney negligence. From our Boston office at 6 Beacon Street, we hold negligent lawyers accountable when they fail their clients.

We represent individuals whose attorneys missed critical deadlines, neglected cases, or violated their professional duties. Our boutique practice focuses exclusively on legal malpractice, giving us the specialized knowledge needed to take on fellow attorneys and their insurance companies.

What Is Legal Malpractice in Massachusetts?

When a lawyer’s careless actions hurt your finances, that’s called legal malpractice. You can’t just be unhappy with the outcome of your case; you have to show that someone was negligent and that this caused you real harm.

Massachusetts courts require you to establish four specific elements:

• Duty: Your attorney owed you a professional obligation to act competently.
• Breach: The attorney failed to meet the standard of care expected of a reasonable lawyer.
• Causation: The attorney’s mistake directly caused your harm.
• Damages: You suffered actual, quantifiable losses as a result.

This is more complex than typical personal injury cases because you must prove both attorney negligence and that you would have won your original case if appropriately handled.

Do I Have a Legal Malpractice Case?

You have a potential case if your attorney’s negligence cost you a favorable outcome in your original legal matter. This requires proving the “case within a case” – that your underlying claim had merit and would have succeeded with competent representation.

We must also evaluate whether any judgment is collectible from either the original defendant or the negligent attorney. Many attorneys lack malpractice insurance, which complicates recovery options but does not eliminate them.

The most common scenarios we see include missed filing deadlines, failure to communicate settlement offers, and inadequate case preparation. If your attorney’s mistakes destroyed your legal rights, contact The Law Office of Burns Jain for a free case evaluation.

What Are the Common Types of Legal Malpractice?

Attorney negligence takes many forms, from simple oversights to serious ethical violations. Our experience spans decades of different malpractice scenarios affecting Massachusetts clients.

Missed Statute of Limitations

This represents the clearest form of legal malpractice. Every legal claim has a strict filing deadline, and missing it permanently destroys your right to sue. In Massachusetts, limitation periods vary: personal injury claims generally have a three-year limitation period, while contract disputes may have a six-year limitation period.

When attorneys fail to calendar these critical dates or miscalculate deadlines, clients lose valuable legal rights through no fault of their own. These cases are often straightforward to prove because the deadline is objective and the harm is clear.

Case Dismissed for Failure to Prosecute

Lawyers are expected to work hard on their clients’ cases, according to the courts. Judges can throw out a whole case if lawyers don’t show up for hearings, miss discovery deadlines, or don’t respond to motions.

We have seen lawyers who take on too many cases and can’t handle them all. Some people give essential jobs to inexperienced coworkers without keeping an eye on them. The outcome remains unchanged: clients forfeit their legal rights due to attorney inaction.

Failure to Communicate Settlement Offers

Your attorney has an absolute duty to inform you of all settlement offers from opposing parties. Hiding offers or failing to convey them promptly robs you of the opportunity to resolve your case on favorable terms.

Some attorneys reject offers without consulting clients because they want larger contingency fees from trial verdicts. Others simply fail to return calls or emails from opposing counsel. Both scenarios can violate Massachusetts consumer protection laws and constitute malpractice.

Conflict of Interest and Breach of Fiduciary Duty

Attorneys must act with complete loyalty to their clients. Conflicts arise when lawyers represent clients with opposing interests, engage in business deals with clients, or put their own financial interests first.

We have handled cases where divorce attorneys represented both spouses, personal injury lawyers had financial relationships with medical providers, and business attorneys failed to disclose their connections to opposing parties. These breaches of fiduciary duty often result in significant harm to clients.

Procedural Errors and Discovery Violations

The Massachusetts Rules of Civil Procedure govern how lawsuits proceed through the courts. Competent attorneys must understand and follow these complex rules to protect their clients’ interests.

Common procedural errors include failing to adequately serve defendants, missing discovery deadlines, or filing motions incorrectly. While these rules are taught in law school, busy attorneys sometimes delegate procedural tasks to inexperienced staff or simply fail to manage their calendars properly.

Bankruptcy Errors and Homestead Issues

In Massachusetts, homeowners can protect a portion of their home equity by recording a Homestead declaration. Bankruptcy attorneys who fail to file or verify this protection before filing can cause clients to lose their homes unnecessarily.

We have represented clients whose attorneys failed to list all creditors in bankruptcy schedules, neglected to claim necessary exemptions, or provided inadequate pre-filing counseling. These mistakes can turn a “fresh start” into a financial disaster.

Excessive Billing and Fee Disputes

Massachusetts Rule 1.5 prohibits attorneys from charging “clearly excessive” fees. Malpractice occurs when lawyers inflate bills, charge for work not performed, or exceed the scope of written fee agreements.

We see cases involving attorneys who bill for meetings that never occurred, charge multiple clients for the same research, or fail to provide required written fee agreements. When combined with poor case outcomes, excessive billing often constitutes malpractice.

Misuse of Client Funds

Attorneys must keep client funds in separate IOLTA trust accounts and never use them for personal or business expenses. Misappropriation of client funds is both criminal conduct and legal malpractice.

Trust account violations include using client retainers for office expenses, commingling client and attorney funds, or failing to maintain proper accounting records. These violations can result in disciplinary action and civil liability.

How Do We Prove the Case Within a Case?

To prove legal malpractice, you basically have to re-litigate your original case to show what should have happened if you had had good representation. This necessitates particular expertise and resources.

Investigation and Expert Testimony

We start by carefully reviewing your entire case file and all the papers your old lawyer sent us to determine precisely where the representation went wrong. To show that your attorney’s actions fell below the appropriate standard of care, you usually need expert testimony. We work with well-known lawyers in the right field to give this critical testimony.

Proving the Underlying Claim

We also need to show that your main claim is valid and valuable. To show that you would have gotten a better result (like a conviction overturned or a higher settlement) if you had had the right lawyer, you may need to hire more experts, like doctors, accountants, or appraisers.

What Compensation Can You Recover in a Legal Malpractice Case?

Our goal is to recover the full compensation you would have received if your original case had been handled competently. The specific damages depend on your underlying claim and the attorney’s misconduct.

Economic damages typically include the value of the judgment or settlement you lost due to an attorney’s negligence. This requires proving what you would have recovered in the original case, which is why the “case within a case” analysis is so critical.

You can also recover the legal fees paid to the negligent attorney, along with costs and expenses from the mishandled case. Massachusetts law allows prejudgment interest from the date of loss, which can substantially increase recovery in older cases.

In cases involving particularly egregious attorney conduct, Chapter 93A may allow double or triple damages. This consumer protection law applies when attorneys engage in unfair or deceptive practices that harm their clients.

Will You Take My Case on a Contingency Basis?

Yes, we handle most legal malpractice cases on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for you.

For complex cases requiring extensive expert review, we may request a retainer to cover initial investigation costs. However, any retainer amount is credited against our contingency fee if we take your case. Your initial consultation is always free, allowing you to explore your options without financial risk.

This deal works for both of us because we only win when you do. You shouldn’t have to worry about paying another lawyer unless they get results after one lawyer fails you.

What If Your Lawyer Has No Malpractice Insurance?

Many Massachusetts attorneys practice without malpractice insurance, but this does not make recovery impossible. We have extensive experience collecting judgments against uninsured lawyers through various legal mechanisms.

Post-judgment collection tools include supplementary processes to examine the attorney’s finances, wage garnishment, and attachment of the lawyer’s share of contingency fee settlements from other cases. We can also place liens on real estate and other assets.

Our experience shows that persistent collection efforts often succeed even against attorneys who initially claim they cannot pay. The key is to investigate the lawyer’s financial situation thoroughly and to use all available legal remedies.

Why Choose The Law Office of Burns Jain for Your Legal Malpractice Case?

Not only do we do legal malpractice, but it is also the primary focus of our practice. Neil Burns and Roshan Jain are lawyers who have spent their entire careers ensuring that careless lawyers are punished.

Our boutique firm means you work directly with experienced partners who give your case personal attention. We understand the unique challenges of suing fellow attorneys and have the specialized knowledge needed to overcome their defenses.

We have successfully handled cases against attorneys with and without malpractice insurance, using creative collection strategies when necessary. Our reputation for thorough preparation and aggressive advocacy helps us achieve favorable results for clients who feel they have nowhere else to turn.

Contact The Law Office of Burns Jain for a Free Consultation

If your attorney’s negligence costs you a favorable outcome in your legal matter, time is critical due to the three-year statute of limitations. Do not let another lawyer’s mistakes go unanswered.

Contact us today for a free, completely confidential consultation about your legal malpractice case. We will provide an honest assessment of your situation and explain your options for holding the negligent attorney accountable.

Frequently Asked Questions

Can I Sue My Lawyer While They Still Represent Me?

You can consult with us confidentially without firing your current attorney. We often help clients transition representation smoothly while preserving their rights in both the underlying case and potential malpractice claim.

Does the Three-Year Deadline Ever Get Extended in Massachusetts?

The continuous representation doctrine may extend the limitation period if the exact attorney continues representing you on related matters. However, this analysis requires careful legal review of your specific circumstances.

How Can I Collect From a Lawyer Without Malpractice Insurance?

We use various post-judgment collection methods including supplementary process, wage garnishment, and attachment of the attorney’s contingency fees from other cases. Uninsured lawyers often have attachable assets despite initial claims of inability to pay.

Can I File Both a Board of Bar Overseers Complaint and a Lawsuit?

Yes, you can pursue both simultaneously. BBO complaints address ethical violations and potential disciplinary action, while civil lawsuits are the only way to recover monetary damages for your losses.

What Documents Do I Need to Bring for My Consultation?

Bring whatever paperwork you have, but do not delay calling if you lack documents. We can obtain missing records through legal channels, and your former attorney must provide your complete file upon request.