Is it Legal Malpractice to Guarantee Results to a Client? – Malpractice Lawsuit Against Lawyer
it is legal malpractice when a lawyer guarantees results to a client in Massachusetts. The Massachusetts Rules of Professional Conduct require attorneys to provide honest, realistic advice that allows clients to make informed decisions about their cases.
When lawyers promise specific outcomes, they violate their ethical duty to communicate truthfully and can be held liable for malpractice if that guarantee causes the client financial harm. At The Law Office of Burns Jain, our legal team can help with your malpractice lawsuit against lawyer.
A guarantee becomes actionable malpractice when it leads you to make decisions you wouldn’t have made with honest advice—like rejecting a reasonable settlement or continuing expensive litigation based on false promises of victory.
You need to prove that your lawyer’s guarantee was negligent, that you relied on it, and that this reliance directly caused you measurable financial losses. Massachusetts courts have recognized that attorneys who give “unreasonably rosy advice” or make promises they can’t keep can be responsible for the resulting damages.
What Massachusetts Rules Say About Promises of Results
Yes, guaranteeing results violates Massachusetts Rules of Professional Conduct. Rule 1.4 requires lawyers to communicate honestly with clients and provide “informed consent” for all major decisions. This means your attorney must explain the real risks and benefits of your case, not promise a specific outcome.
When lawyers guarantee results, they prevent you from understanding what could actually happen. You can’t give informed consent if your lawyer is telling you there’s no risk when there actually is. The Massachusetts Rules exist to protect you from exactly this kind of misleading advice.
An attorney’s job is to prepare you for all possible outcomes, not to make promises they can’t keep. If your lawyer guaranteed you a win, they violated their professional duty to you from day one, and you have the right to file a malpractice lawsuit against them.
Is a Promise of Results Legal Malpractice
A guarantee alone isn’t automatically legal malpractice—but it becomes malpractice when that promise causes you real harm. Legal malpractice in Massachusetts requires four specific things:
- Attorney-client relationship: You hired the lawyer to represent you.
- Negligence: The lawyer acted below professional standards.
- Causation: The lawyer’s mistake directly caused your problem.
- Damages: You lost money or rights because of the mistake.
The guarantee becomes the negligent act when it leads you to make a bad decision. If you relied on that false promise and suffered financial losses as a result, you likely have a valid malpractice case.
This is different from just being disappointed with your lawyer. You need to show that the guarantee actually cost you money or legal rights you would have kept if your lawyer had been honest.
Unreasonably Rosy Advice Versus a Guarantee
There’s a big difference between a lawyer being optimistic and giving you dangerously false hope. Massachusetts courts recognized this in Donarumo v. Phillips and Treger, where lawyers told their clients that “ultimate success is all but assured” and their “exposure was limited.”
The clients rejected a reasonable settlement based on these promises. They ended up losing at trial and owing millions more than the original settlement offer. The court ruled that lawyers who give “unreasonably rosy advice” can be liable for malpractice.
Here’s how to tell the difference:
- Acceptable: “Based on the evidence, I think we have a strong case.”
- Problematic: “You have nothing to worry about—their case is extremely weak.”
- Malpractice: “I guarantee we’ll win at trial. You won’t pay a dime.”
The key is whether your lawyer’s advice was so overly optimistic that it misled you into taking unnecessary risks. If you were encouraged to sue a divorce attorney in Massachusetts or pursue any other case based on false promises, this distinction matters.
How Can a Guarantee Cause Measurable Harm
A guarantee causes real financial damage by convincing you to make choices you never would have made with honest advice. The harm isn’t just losing your case—it’s the specific money you lost because you trusted a false promise.
Reject a Reasonable Settlement
This is the most common way guarantees cause harm. Your lawyer promises you’ll win big at trial, so you reject a fair settlement offer. When you lose at trial or get less money than the settlement, the difference is your damage.
For example, if you rejected a $100,000 settlement because your lawyer guaranteed a $300,000 trial win, but you actually lost and got nothing, your damages are $100,000. That’s money you would have had if your lawyer had been honest about the risks.
Litigate Based on a False Promise
A guarantee can also convince you to start or continue a lawsuit that should have been dropped. You spend thousands of dollars on legal fees because your lawyer promised success. These expenses include:
- Monthly attorney bills that pile up over months or years, sometimes reflecting excessive billing
- Expert witness fees can be substantial and are often a major litigation expense.
- Court costs for filing fees and depositions.
- Your own time and lost income from court appearances.
All of these costs are damages if you can prove you wouldn’t have pursued the case without the false guarantee.
Underestimate 93A Exposure
Chapter 93A is Massachusetts’ consumer protection law. It allows courts to award double or triple damages plus attorney’s fees in business disputes. If your lawyer guaranteed you had no 93A risk when it was clearly present, and you got hit with multiple damages at trial, your lawyer may owe you the difference.
This is especially dangerous because 93A damages can turn a $50,000 loss into a $150,000 judgment. A lawyer who minimizes this risk when they should know better is committing serious malpractice.
Evidence That Proves Misrepresentation
You need concrete proof to win a malpractice case based on false guarantees. Your word alone won’t be enough—you need evidence that shows what your lawyer actually promised you.
Written evidence is strongest:
- Emails where your attorney promises a specific outcome.
- Text messages saying things like “Don’t worry, we’ll definitely win.”
- Letters that contain guarantees about your case results.
- Fee agreements that mention guaranteed outcomes.
Witness testimony can also work:
- Family members who heard the guarantee during meetings.
- Business partners who were present for phone calls.
- Other professionals who heard your lawyer make promises.
- Even the lawyer’s own staff who witnessed conversations.
Other evidence includes:
- Your handwritten notes from meetings, especially if made immediately after.
- Billing records that describe overly confident advice.
- Court filings that reflect unreasonable certainty about winning.
In cases involving legal malpractice in Massachusetts divorce, emotions run high and people often remember dramatic promises clearly. Written proof of guarantees becomes especially powerful in these situations.
Deadlines for Legal Malpractice in Massachusetts
You have exactly three years to file a legal malpractice lawsuit in Massachusetts. This deadline comes from Massachusetts General Laws Chapter 260, Section 4, and courts take it very seriously.
The clock usually starts ticking when the malpractice actually happened, not when you discovered it. However, the “continuous representation doctrine” can extend your deadline. If the same lawyer keeps representing you on the same matter after making the guarantee, the three years might not start until that representation ends.
But don’t count on this extension—it’s complicated and doesn’t apply in every situation. The safest approach is to contact a Massachusetts legal malpractice attorney as soon as you suspect your lawyer misled you. Waiting can cost you your right to recover damages entirely.
Evidence also disappears over time, particularly concerning given the two year statute of limitations in some cases. Witnesses forget details, emails get deleted, and documents get lost. Acting quickly protects both your legal rights and your ability to prove your case.
What to Do After a Lawyer Guarantees a Win
If your lawyer promised you a win but delivered a devastating loss, you’re probably feeling betrayed and confused. Taking the right steps immediately can protect your ability to seek justice and recover your losses.
Save Written Proof
Gather every email, text message, and letter from your attorney right now. Look especially for messages that contain promises or overly confident predictions about your case. Take screenshots of text messages and forward important emails to a personal email account where they’ll be safe.
Don’t assume you can get these documents later—lawyers sometimes delete emails or claim they never made certain statements. Save everything while you still have access to it.
List Witnesses
Write down everyone who heard your attorney make guarantees about your case. Include their full names, phone numbers, and what they remember hearing. Note the date and location of each conversation if you can remember.
This includes family members who attended meetings, business partners who were on conference calls, or friends who heard phone conversations. Even casual witnesses can be powerful if they remember specific promises your lawyer made.
Gather Case Files
You have a legal right to your complete case file. Send a written request to your former attorney asking for everything: all correspondence, notes, pleadings, research, and billing statements. Massachusetts ethics rules require lawyers to provide client files promptly.
Don’t just ask for the “important” documents—ask for the complete file. Sometimes the most damaging evidence is in notes or emails the lawyer didn’t think were significant.
Avoid Contact With the Lawyer
Don’t confront your former attorney about the guarantees they made. Don’t send angry emails or make heated phone calls. Anything you say could be used against you later, and you might accidentally say something that hurts your malpractice case.
Let your new legal malpractice attorney handle all future communication. They know how to protect your rights while gathering the evidence you need.
Call a Massachusetts Legal Malpractice Lawyer
The most important step is getting help from an attorney who specializes in legal malpractice cases. These lawyers offer free consultations to evaluate your situation and work on contingency fees—you pay nothing unless they recover money for you, addressing common legal malpractice FAQs about costs and representation.
Finding the best legal malpractice lawyer in Massachusetts means looking for someone with specific experience in guarantee and misrepresentation cases. They understand the Massachusetts Rules of Professional Conduct and know how to prove that your lawyer’s promises fell below professional standards.
Were You Guaranteed a Result by Your Lawyer?
If your Massachusetts attorney promised you a specific outcome but instead led you to financial ruin, you deserve accountability. You trusted a professional who violated their ethical duties and caused you measurable harm. That’s not just disappointing—it’s malpractice.
Malpractice lawsuit against lawyer? At The Law Office of Burns Jain, we represent clients who believe they were failed by their own attorneys. We understand the unique betrayal you feel when the person you hired to protect you becomes the source of your harm. Our legal malpractice firm in Boston has deep experience with cases involving negligent advice and broken promises.
We know the Massachusetts legal system and how to prove that a lawyer’s guarantee fell below the required standard of care. We’ve seen how false promises destroy lives, and we’re committed to holding negligent attorneys accountable for the damage they cause.
Your former lawyer had a duty to give you honest, realistic advice about your case. When they guaranteed results instead, they violated that duty and potentially committed malpractice. If their promises cost you money, rights, or peace of mind, you have options for seeking justice.
Contact The Law Office of Burns Jain today for a free, confidential consultation. We’ll listen to your story, review your evidence, and explain whether you have a viable malpractice claim. You’ve already been hurt by one attorney’s broken promises—let us help you hold them accountable for the damage they caused.
Frequently Asked Questions
Is Promising a Win Automatically Legal Malpractice in Massachusetts?
No, the promise alone isn’t malpractice—it becomes malpractice only when that guarantee causes you to make decisions that result in actual financial losses.
Can I Sue if I Rejected a Settlement Because My Lawyer Promised Victory?
Yes, if you can prove your lawyer’s negligent guarantee directly caused you to reject a reasonable settlement and suffer greater losses as a result.
What if the Guarantee Was Only Verbal?
Verbal guarantees can still support a malpractice claim, but they’re harder to prove. You’ll need witness testimony or other evidence that corroborates the promise your lawyer made.
Do Disclaimers About Prior Results Protect a Lawyer Who Promised Me a Win?
No, general disclaimers on websites or in contracts don’t excuse specific guarantees made directly to you about your individual case outcome.
Can Chapter 93A Apply to a Lawyer’s Misleading Guarantee in Massachusetts?
Yes, attorneys who make deceptive promises may face both malpractice claims and Chapter 93A liability for unfair business practices, potentially including multiple damages.
How Long Do I Have to File a Legal Malpractice Claim in Massachusetts?
You have three years from when the malpractice occurred, though the continuous representation doctrine may extend this deadline in some situations.
Will a Board of Bar Overseers Complaint Help My Malpractice Case?
BBO complaints address ethical violations and can discipline the lawyer, but they don’t provide financial compensation—you need a separate civil lawsuit to recover damages.
Do I Need an Expert Witness to Prove Malpractice in a Guarantee Case?
Almost always yes—you’ll typically need to hire an expert in my legal malpractice case who can testify that guaranteeing results falls below professional standards and directly caused your damages.
What if My Underlying Case Was Weak—Can I Still Recover for a False Guarantee?
Possibly, if you can prove you would have made different, better decisions with honest advice instead of false promises about guaranteed success.