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Massachusetts Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for Massachusetts on
Q: If a lawyer is fired, can they still file a motion?

The criminal case lawyer was dismissed, and a motion was filed after being removed from the case.

John Michael Frick
John Michael Frick
answered on May 31, 2024

Typically, once an attorney has entered an appearance on behalf of a defendant in a case, that attorney remains the defendant's attorney until the court grants a motion to withdraw or dismisses the attorney. A client firing an attorney is usually good grounds for the attorney to withdraw or... View More

2 Answers | Asked in Legal Malpractice for Massachusetts on
Q: In legal malpractice cases is it typical for 8 attorneys to withdraw from representing the defendant attorneys.

I'm pro se litigant. Legal malpractice.

8 attorneys have withdrawn from representing the lawyers. What could this mean?

Thank you

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

It can also mean that the defendant attorneys have a malpractice insurance carrier that is difficult to work with or that doesn't timely pay the attorneys it hires to represent the defendant attorneys. In my professional experience, the number one reason why attorneys defending a case... View More

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1 Answer | Asked in Legal Malpractice for Massachusetts on
Q: Do attorneys have an obligation to notify all parties involved in a law suit if they withdraw or are a new attorney show

I'm a pro se litigant and the other side has had 8 attorneys withdraw from representing the defendants.

I am not being notified of withdrawals and new appearances. Isn't this required?

Thank you

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

Yes it is absolutely required.

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Massachusetts on
Q: Being Sued and Need To Respond to Get Suit Thrown Out or Delayed

This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 13, 2020

Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... View More

1 Answer | Asked in Child Custody, Divorce, Family Law and Legal Malpractice for Massachusetts on
Q: Can I legally read a sealed court case if my mother has a copy of the case and grants me permission?

As a child I was part of a very intense custody battle. The case has since been sealed but my mother has a copy. Can I legally read the documents If I’m given permission by my mother to read the documents she possesses and the case pertains to me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jul 24, 2019

Was there an impoundment order? The parties and their counsel

would have access to information in the file. The file is not public

so there should be no dissemination of the contents without a

vacating of the impoundment order. So if you have concerns then

you should...
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Q: legal compensation for wrong defendant ?

BK case no: 11-43424-CJP, BAP No: MW19-016

Timothy Denison
Timothy Denison
answered on Mar 8, 2019

What is your question?

2 Answers | Asked in Federal Crimes and Legal Malpractice for Massachusetts on
Q: What type of attorney would you consult with to determine if a situation should be investigated by higher authority
Gary Kollin
Gary Kollin
answered on Jun 1, 2018

Is it a criminal matter, administrative matter ? You do not present enough information to answer

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0 Answers | Asked in Child Custody, Family Law and Legal Malpractice for Massachusetts on
Q: FOLLOW UP: Do I have the legal right to listen to my entire custody hearing? I mean entire thing-not bench conference

I got this answer A: 'Judges often will speak with attorneys about logistics issues such as how many witnesses are anticipated, how much longer the trial will take, how many exhibits.......' etc.

I dont mean that I mean entire hearing. All that was said, asked, decided. My... View More

1 Answer | Asked in Legal Malpractice for Massachusetts on
Q: When does malpractice take place? When an attorney lies about filing suit, or statue of limitations to file suit missed

Hired an attorney in 2014. He stated (repeatedly from 2014 to 2017) that he filed a case in state court. That case was not filed and his malpractice insurance ended in October 2016. I would like to file malpractice claim - given he lied about filing in state court. Does the malpractice begin... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

Malpractice is based on multiple elements, including a showing of damages. See: https://www.justia.com/injury/legal-malpractice/. You may also report the lawyer to the state bar for such deceit. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Legal Malpractice for Massachusetts on
Q: Is it malpractice stating you filed a case in state court - when you did not?

Attorney did not file in State Court (missed deadline for statute of limitations) - but repeated stated he filed the case. When does the malpractice take place - when he mislead and lied? The attorney in question - was lying about filing - while he had malpractice insurance. The date to file ended... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Consumer Law, Legal Malpractice and Small Claims for Massachusetts on
Q: Is it Legal for Auto Repair shop to ask me only to pay cash for discount

Brought my car to Brake King, I had my credit card on me and they had signs they accept them. So they look at my car and the mechanic said I need ALL NEW ROTORS and Brake Pads which I think is a lie but nonetheless he says he can do it for 500 dollars OR if I pay him cash 300$ and then told me he... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

There is no law against requesting payments in cash. See: http://www.mass.gov/ocabr/consumer-rights-and-resources/autos/lemon-laws/mechanics-of-auto-repair.html

If you suspect tax fraud, you can report it to the IRS. More details are necessary to provide a professional analysis of your...
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1 Answer | Asked in Contracts and Legal Malpractice for Massachusetts on
Q: Hi i was wondering ... can a lawyer denie a client files that were asked for? Isnt that a hippa violation?
Ali Shahrestani,
Ali Shahrestani,
answered on Dec 1, 2016

Lawyers must hand over client files or be subject to discipline by the Bar. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.

1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for Massachusetts on
Q: Are members of the Governors Council allowed to continue to practice law in court while serving on the Gov Council?
Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2016

Yes. For that matter legislators, others may. Can they engage in private practice is the question--generally yes unless they are subject to civil service or other restrictions.

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