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Massachusetts Legal Malpractice Questions & Answers
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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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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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... Read 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... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. 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, Esq.
Ali Shahrestani, Esq. 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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