Insight: You should contact the Commission on Judicial Conduct for your state. Each state has a different process for submitting a complaint, but a written submission describing the ethical violations accompanied by supporting evidence is usually required. If the Commission believes that the judge has committed an ethical violation, it…
Insight: You should begin by researching the statutes of limitations on legal malpractice claims in your state. In Massachusetts, the statute of limitations on a legal malpractice claim must be filed within three years. However, Massachusetts, like many jurisdictions, follow the so called discovery rule in some jurisdictions, including Massachusetts,…
Insight: You should contact the division of your state’s bar, which handles disciplinary actions of attorneys. Each state has a different process for submitting a complaint, but a written submission describing the ethical violations is usually required. If the reviewing authority believes that the attorney committed an ethical violation, it…
Insight: In order to succeed in a malpractice action, you need to prove not only that your attorney made an error, but that it resulted in harm to you. This is usually done by showing that you would have obtained a more favorable result, absent the attorney’s mistake. If your…
Insight: Not all ethical violations amount to malpractice, and vice versa. For instance, when an attorney has failed to bring a claim prior to the expiration of the applicable statute of limitations, he has likely committed malpractice, but this would not normally be an ethical violation. However, if your attorney…
Insight: Most legal malpractice cases require expert testimony to prove that the lawyer’s conduct fell below the standard of care of a reasonable attorney acting in a similar situation. Expert witnesses are typically experienced lawyers, who practice in the same area of law in which the malpractice occurred. For example,…