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This is the Boston Legal Malpractice Lawyer Blog published by Boston, Massachusetts trial attorney Keith L. Miller. The Blog will present and discuss issues pertaining to the practice area of legal negligence and professional ethics. Lawyers make mistakes and sometimes those mistakes cause their clients to suffer money damages. Attorney Miller has been representing victims of legal malpractice for over 20 years. He has a proven record of success, including many six and seven figure client recoveries after jury trial or negotiated settlement. In a recent legal malpractice case involving the accidental death of a child, he helped a family obtain a 1.8 million dollar recovery paid by the insurers of 3 different attorneys.

If you believe that you or your company has suffered damages as the result of the negligent conduct of a lawyer, Attorney Miller will review your case at no charge. If he believes that your case has merit, he will represent you on a contingent fee basis, which means that you will pay nothing unless there is a successful recovery. Contact Boston Legal Malpractice Lawyer, Keith L. Miller, to arrange a free consultation 24 hours a day, 7 days a week by telephone at (617) 523-5803, or click here to send him a confidential email. You will receive a response within 24 hours.

The Massachusetts Board of Bar Overseers (“BBO”) has issued public admonition against an attorney for failing to obtain a former client’s consent before representing a new client in a substantially related matter adverse to the former client.  In Admonition No. 15-23, the attorney had been employed by the law firm for eight years.  During this period, the firm represented the former client’s spouse, seeking modification of a divorce based on allegations of child abuse.  The attorney did not directly represent the spouse, but was consulted on a financial issue in the case.

The attorney left to start his own firm, and several years later, was retained by the former husband to defend new allegations of sex abuse a civil matter filed by his ex-wife. The attorney advised him of his firm’s prior representation of the ex-wife, but forgot that he had been personally consulted on the case, and also failed to obtain the ex-wife’s consent to represent her ex-husband.

The ex-wife informed the attorney of the conflict of interest and requested that he withdraw as counsel, but the attorney refused.  Counsel for the ex-wife then filed a Motion to Disqualify, which the Court granted.

The Massachusetts Supreme Judicial Court (“SJC”) recently entered an order suspending an attorney for violations of the Massachusetts Rules of Professional Conduct.  In the Matter of Priscilla F. Arnott, an attorney was retained by the children of an elderly woman to obtain MassHealth Benefits on her behalf.  After the attorney prepared and submitted an application for benefits, MassHealth requested that she provide additional information within two weeks.  The attorney failed to meet the deadline and the application was denied.  The attorney appealed the denial but still did not provide the requested information.  Therefore, her appeal was denied and the attorney subsequently missed the deadline to vacate the dismissal.

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The Massachusetts Supreme Judicial Court (“SJC”) recently held that the simultaneous representation of business competitors by attorneys in different offices of the same law firm does not constitute a per se conflict of interest.  In Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner LLP, the client hired a law firm’s Boston office to secure patents for his screwless eyeglass invention.  After successfully obtaining the patents, the client discovered that the law firm’s Washington, D.C. office represented a competitor seeking a patent for its own screwless eyeglass technology.

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The Supreme Judicial Court recently denied the application of a prospective attorney for admission to the Massachusetts bar on the basis that she lacked sufficient moral character.  In the matter of Malgorzata Chalupowski, a woman, who had passed the Massachusetts bar exam, submitted an application to the Board of Bar Overseers, seeking to be admitted as an attorney in the state.  The Board requested a meeting with the woman to discuss several disclosures contained in the application.

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The Massachusetts Supreme Judicial Court (“SJC”) recently denied a prospective attorney’s application for admission to the bar on the grounds that he was not morally fit to practice law in the Commonwealth. In the case, In re: Chankrakant Shridhar Panse, an individual passed the state bar exam and submitted an application to be admitted as an attorney.

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The Supreme Judicial Court (“SJC”) recently approved a three month suspension of a Massachusetts attorney for violating several Rules of Professional Conduct. In the Matter of Timothy M. Mauser, a husband and wife hired an attorney to review their bankruptcy proceedings, after they discovered certain tax liens had not been discharged.

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The Supreme Judicial Court of Massachusetts (“SJC”) has recently reversed a lower court’s decision to sanction a Massachusetts attorney. In Gary Wong v. George V.H. Luu, the parties were attempting a settle several consolidated cases regarding the sale of three supermarket stores in Boston. However, shortly before the parties were scheduled to finalize a settlement agreement, an attorney representing several creditors involved in the lawsuit sent solicitation letters to other unsecured creditors of the supermarket.

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The Supreme Judicial Court (“SJC”) recently accepted the resignation of a Massachusetts attorney, who misappropriated proceeds from the sale of real estate.  In the matter of John H. Wyman, an attorney was hired to probate a will, which stated that real estate owned by the decedent was to be devised to a Florida charity. The charity informed the attorney that it wished to sell the property and use the proceeds to further its charitable mission.

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The Supreme Judicial Court recently suspended a Boston, Massachusetts attorney for violating legal ethics rules. In the matter of Orlando Dimambro, a brother and sister hired an attorney to represent them in a negligence claim against an electric company, after a manhole cover exploded underneath their car, injuring them.

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