Trusted Massachusetts Legal Malpractice Attorney

40+ Years of Experience Protecting Clients from Attorney Misconduct

When you hire an attorney, you trust them to protect your rights, your livelihood, and your future. A lawyer has a professional and ethical obligation to act in their client’s best interests and to advise them to the best of their ability, consistent with the applicable standard of care. When an attorney fails to meet these standards and you are harmed as a result, you may have a claim for legal malpractice.

Like other claims of professional negligence, cases of legal malpractice can be emotionally fraught. As a client, you may feel betrayed and could find it difficult to trust another lawyer. However, pursuing a claim for legal malpractice is a complicated endeavor that should not be attempted without representation from an experienced legal malpractice attorney.

Massachusetts legal malpractice attorney John B. Harkavy has over 40 years of litigation experience. Since graduating from Boston University School of Law in 1983, he has worked at some of Boston’s most prestigious civil litigation law firms. Mr. Harkavy has developed a deep understanding of Massachusetts negligence law and particularly its application to claims for legal malpractice. He is committed to providing responsive service, straightforward answers, and zealous advocacy.

Understanding Your Legal Malpractice Claim

Legal malpractice occurs when an attorney fails to perform their legal duties competently and causes harm to a client. While no attorney is perfect, and a lawyer cannot guarantee a specific result, all attorneys must provide legal representation at a level consistent with what a reasonably prudent attorney of similar training and experience would do in a similar situation.

Importantly, a lawyer does not commit legal malpractice simply because a client is dissatisfied with the result. To prove a case of legal malpractice, the client must prove a “case-within-a case.” This means you must show not only that the attorney’s conduct fell below the applicable standard of care, but also that you would have won the underlying case.

What Are Examples of Legal Malpractice?

Common examples of legal malpractice include:

• Missing a deadline. Failure to meet a filing deadline is one of the most common examples of legal malpractice. Legal practice is governed by various deadlines attorneys must meet. You might have a claim for legal malpractice if you were harmed because your lawyer failed to meet a deadline.
• Not knowing the facts and applicable law. Your attorney must take the time to research and learn the facts and law that apply to your case.
• Conflict of interest. Lawyers must act in the best interest of their client and cannot represent clients with conflicting interests. A conflict of interest exists when an action that benefits one client would harm another.
• Failure to communicate. Your attorney has a duty to communicate honestly with you about the status of your case. You may have a claim for legal malpractice if your attorney failed to tell you something important about your case (i.e., a material fact) and you were harmed as a result.
• Improper handling of client funds. Mixing client funds with the attorney’s own funds, failing to timely disburse client funds, and taking a fee without authorization are all breaches of a lawyer’s professional obligations and may constitute legal malpractice.
• Mishandling settlement negotiations. A lawyer should not accept or reject a settlement proposal without client consent. Doing so may constitute legal malpractice.
• Fraud or dishonesty. Your lawyer must be honest with you. If you were harmed because your lawyer deliberately misled or was dishonest with you, the attorney may have committed malpractice.

Tenacious Advocacy That Gets Results

The Law Office of John B. Harkavy is dedicated to providing tenacious advocacy, straightforward communication, and responsive service. John Harkavy is committed to providing comprehensive legal representation and responsive service, no matter how challenging the case.

If you suspect your lawyer committed malpractice, you should speak with an experienced legal malpractice attorney who can evaluate your situation, answer your questions, and create a path forward. Mr. Harkavy provides straightforward legal advice informed by his extensive practice experience and thorough knowledge of Massachusetts law.