Articles Tagged with “Boston malpractice lawyer”

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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