Understanding The Massachusetts Rules Of Professional Conduct For Attorneys
Every state is responsible for establishing a code of professional conduct for legal professionals. Massachusetts establishes these codes of conduct for attorneys, judges, and clerks of court.
Supreme Judicial Court Rule 3:07: Rules of Professional Conduct
This guideline sets forth an extensive list of rules for attorneys to abide by within the state of Massachusetts.
Taken from the preamble, aptly titled “A Lawyer’s Responsibilities,” we can see the following language: “As a representative of clients, a lawyer performs various functions. As an adviser, a Boston legal malpractice attorney provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As a negotiator, a Boston legal malpractice lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. A lawyer acts as an evaluator by examining a client’s legal affairs and reporting about them to the client or to others.”
What Kind Of Compensation Is Available To Victims Of Legal Malpractice?
Victims of legal malpractice in the Commonwealth of Massachusetts may be entitled to various types of compensation for what has happened to them. At Colucci, Colucci & Marcus, P.C., our Boston legal malpractice attorney work diligently to uncover evidence in your case so we can secure the following compensation:
- Any court costs or legal fees you incur
- Refunds for any services paid to a negligent attorney
- Restitution for expenses (damages or injuries)
- Pain and suffering damages
- Possible punitive damages against the negligent attorney
How To Prove Legal Malpractice
At Colucci, Colucci & Marcus, P.C., we recognize that proving instances of legal malpractice can be difficult. This type of malpractice will occur when an attorney fails to use ordinary skill or care that would be used by another attorney handling a similar situation and under similar circumstances.
Your legal malpractice attorney in Boston will need to prove four elements in order to be successful:
- Duty: This means that your attorney owed you a duty to act properly, and this duty is established when there is an attorney-client relationship established.
- Breach: This means that the attorney in question breached their duty (they were negligent, made a serious mistake, or did not do what they agreed to do).
- Causation: The client needs to prove that they somehow suffered a financial loss as a direct result of their attorney’s breach of duty.
- Damages: It needs to be shown that the attorney’s conduct hurt the client financially.
Contact A Boston Legal Malpractice Attorney
There are many reasons why a client would be unhappy with the service provided to them by a lawyer. We need to point out that just because your attorney loses a case does not necessarily mean that they committed legal malpractice in Massachusetts. However, if you do suspect that legal malpractice has occurred, let the Boston legal malpractice lawyer at Colucci, Colucci & Marcus, P.C. conduct a full investigation into your claim so we can determine the best steps moving forward. Contact us to get started.
