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Articles Posted in Legal Malpractice Issues

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In Re: Priscilla F. Arnott, No. BD-2015-085: Massachusetts Attorney Suspended for Six Months After Numerous Ethical Violations

The Massachusetts Supreme Judicial Court (“SJC”) recently entered an order suspending an attorney for violations of the Massachusetts Rules of Professional Conduct.  In the Matter of Priscilla F. Arnott, an attorney was retained by the children of an elderly woman to obtain MassHealth Benefits on her behalf.  After the attorney…

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Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, SJC-11800: No Conflict of Interest in Concurrent Representation of Competitors by Different Law Firm Offices

The Massachusetts Supreme Judicial Court (“SJC”) recently held that the simultaneous representation of business competitors by attorneys in different offices of the same law firm does not constitute a per se conflict of interest.  In Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner LLP, the client hired a law firm’s Boston…

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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…

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In Re: Timothy M. Mauser, No. BD-2015-045: Massachusetts Attorney Received Three Months Stayed Suspension

The Supreme Judicial Court (“SJC”) recently approved a three month suspension of a Massachusetts attorney for violating several Rules of Professional Conduct. In the Matter of Timothy M. Mauser, a husband and wife hired an attorney to review their bankruptcy proceedings, after they discovered certain tax liens had not been…

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In Re: John H. Wyman, No. BD-2015-043: Massachusetts Attorney Disbarred for Mishandling Client Funds

The Supreme Judicial Court (“SJC”) recently accepted the resignation of a Massachusetts attorney, who misappropriated proceeds from the sale of real estate.  In the matter of John H. Wyman, an attorney was hired to probate a will, which stated that real estate owned by the decedent was to be devised…

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In Re: Orlando Dimambro, No. BD-2015-008: Massachusetts Attorney Suspended for Failure to Keep Client Informed

The Supreme Judicial Court recently suspended a Boston, Massachusetts attorney for violating legal ethics rules. In the matter of Orlando Dimambro, a brother and sister hired an attorney to represent them in a negligence claim against an electric company, after a manhole cover exploded underneath their car, injuring them. The…

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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…

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Resnick v. Baker, No. 13-P-234: Massachusetts Appellate Court Affirms Dismissal of Legal Malpractice Suit

The Massachusetts Court of Appeals, located in Boston, has affirmed a judgment dismissing a legal malpractice claim against a Massachusetts attorney. In Resnick v Baker, a client hired an attorney to represent him in a property dispute. The attorney obtained a favorable result for the client, but failed to timely file…

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Canha v. Gubellini, No. 12-P-923: Massachusetts Appeals Court Affirms Dismissal of Legal Malpractice Action

The Massachusetts Court of Appeals, located in Boston, affirmed the dismissal of a legal malpractice action brought against a Massachusetts attorney.  In Canha v. Gubellini, a client hired an attorney to represent her in a legal malpractice action against her former lawyer. A judge in the malpractice case ordered the…

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Scanlon v. Dukess, No. 13-P-495: Massachusetts Court of Appeals Affirms Summary Judgment for Attorney in Legal Malpractice Action

The Massachusetts Court of Appeals, located in Boston, affirmed summary judgment in favor of an attorney in a legal malpractice case.  In Scanlon v. Dukess, a real estate investor sold a property in Brockton, Massachusetts and sought to purchase a replacement property in order to defer capital gains tax on…