The Massachusetts Appeals Court has reversed and remanded an Essex Superior Court legal malpractice case. The attorney represented the Plaintiff, who was injured while dismatling a Light Tower twelve miles offshore in New York harbor. The Plaintiff suffered a severe brain injury when a loading platform where he was working separated from the tower and fell to ocean floor about 120 feet down. The worker was encased in the platform until it hit a leg of the tower, rolled and released him. Workers on the surface reported that he was underwater for several minutes before resurfacing, unconscious, but breathing. Workers dove in the water and brought him onto a barge, where he was revived. Continue reading
Articles Tagged with legal malpractice
MASSACHUSETTS APPEALS COURT REJECTS ATTORNEY’S ASSIGNED CLAIM AGAINST PROFESSIONAL LIABILITY INSURANCE BROKER
Boston Legal Malpractice the attorney represented the Appellant in this insurance coverage case, which settled with Liberty Mutual, the primary insurer following mediation, and then went forward with claims against the insurance agent, AIS Affinity Insurance (“AON”), who had procured policies of insurance for a Boston attorney. AON did not participate in the mediation.
The attorney had allegedly missed the statute of limitations in a claim brought by a surviving husband against tobacco companies, after his wife, a cigarette smoker since the age of thirteen (13), died of lung cancer. The husband sued the attorney, and ultimately settled with him, but only after the insurer maintained that he had no insurance for the claims under any of three (3) different potential policies of insurance, which named him as an insured.
Massachusetts Attorney Suspended Indefinitely for Criminal Forgery and Misconduct
A Massachusetts attorney has been suspended indefinitely as the result of two claims of misconduct, including falsifying information to the FBI and forging real estate documents. Specifically, in April of 2006 and January of 2007, the attorney met with FBI agents and alleged that his bank had “misdirected” approximately $88,000 from his account. The attorney furnished several documents to the FBI, which were found to have been fabricated. The attorney pleaded guilty to criminal charges for this misconduct on October 29, 2007, and was sentenced to two years probation, which he failed to disclose to bar counsel, as required under S.J.C. Rule 4:01, § 12(8) and Mass. R. Prof. Conduct 8.4.
LEGAL MALPRACTICE SETTLEMENT IMPENDING IN PORTSMOUTH NEW HAMPSHIRE INHERITANCE CASE
Judicial Referee and retired Judge, Gary Cassavechia, has imposed a March 21, 2017 deadline for the beneficiaries of the late Geraldine Webber to reach a settlement in a legal malpractice suit with Webber’s former attorney, Gary Holmes. Continue reading
Graora v. Fletcher Tilton and Whipple, 87 Mass.App.Ct. 1124: Client Missed Deadline to File Legal Malpractice Case
The Massachusetts Court of Appeals recently upheld a lower court’s decision, dismissing a legal malpractice action on summary judgment, because the statute of limitation had expired on the claim. In Graora v Fletcher Tilton and Whipple, an individual, who was injured in a motor vehicle accident, hired a law firm to represent him in a personal injury action against the other driver.
In Re: Kirk Y. Griffin No. BD-2013-081: Massachusetts Court Disbars Attorney for Misuse of Client Funds
The Supreme Judicial Court has recently disbarred a Boston, Massachusetts. In the matter of Kirk Y. Griffin, an attorney admitted to using client funds for personal expenses over a period of eight years. After learning of the attorney’s conduct, the Massachusetts Board of Bar Overseers (“BBO”) initiated an investigation and then filed a petition for discipline against the attorney.
In re Dwyer-Jones, Massachusetts Supreme Judicial Court Affords Deference to Maine Court’s Suspension of Attorney
The Massachusetts Supreme Judicial Court (“Massachusetts SJC”) has affirmed an order transferring an attorney to inactive status for a period of one year, following a determination by the Maine Supreme Judicial Court (“Maine SJC”) that the attorney was unfit to practice law. In the matter of Suzanne T. Dwyer-Jones, the Maine Board of Bar Overseers (“Maine BBO”) alleged that an attorney had substantial mental health and substance abuse problems. Continue reading
In re: Jason K. Betts, No. BD-2009-112: Massachusetts Attorney Suspended Following Multiple Criminal Convictions
The Massachusetts Supreme Judicial Court (“SJC”), located in Boston, has suspended an attorney from practicing law after he was convicted of multiple criminal charges. In the matter of Jason K. Betts, an attorney admitted to sufficient facts for a finding of guilty on charges of resisting arrest, violating the conditions of his probation, disturbing the peace, driving under the influence, and negligent operation of a motor vehicle. Continue reading
In re Lisa Beth Wilkins Baker, No. BD-2012-026: Massachusetts Lawyer Suspended for Violation of Attorney Ethics Rules
The Supreme Judicial Court (“SJC”) in Boston has suspended an attorney from practicing law, following an investigation by the Massachusetts Board of Bar Overseers (“BBO”). In the matter of Lisa Beth Wilkins Baker, an attorney neglected her duties as a guardian ad litem in two client matters, and failed to cooperate with counsel for the BBO during disciplinary proceedings. Continue reading
Admonition No. 14-03: Massachusetts Attorney Violates Ethical Rules While Representing Client in Wrongful Termination Suit
The Massachusetts Board of Bar Overseers (“BBO”) has issued an admonition against an attorney for failing to competently handle a legal matter, failing to seek his client’s lawful objectives, and failing to adequately communicate with his client. In Admonition No. 14-03, the attorney was hired to bring a wrongful termination suit on behalf of a municipal employee, who was terminated as the result of the terms of his union agreement, which favored employees with seniority.