Legal Question in Legal Malpractice in Massachusetts

Is this circumstance malpractice?

Attorney rec'd $10,000 in legal fees for work done to establish a corporation. Balance due $2,300. Bus. is a restaurant w/cash flow problems, but makes small paymts and reduces bal. to $1,800. Meanwhile, a serious legal incident occurs involving the owner of the building where the restaurant has the lease, which potentially endangers the lease and the restaurant's survival. Also, the lease is a major factor re the value of the restaurant in the real estate market. Client calls atty., who refuses to discuss situation with client because he owes him $1,800. Attorney abandons client at a time of dire need.Is it malpractice to leave client in legal jeopardy if he owes him money and withhold legal advice which could cost him his entire business?


Asked on 1/21/00, 10:51 am

1 Answer from Attorneys

Re: Is this circumstance malpractice?

You would have had to have contracted him specifically for the work involved, i.e., for the lease work. Was that in your agreement with the lawyer? Was the agreement in writing? Even then, he might be able to quit at any time unless he'd filed an appearance in a court case, in which case he'd need permission from the court and he might not get that.

You don't seem to be saying that the lease problem that arose was his fault in any way, i.e., anything that he should have foreseen and have prevented.

Not wanting your new business (for any reason at all) is not malpractice. There is no obligation of an attorney with an existing relationship with a client to take on that client's new business.

I'm sorry! It seems kind of harsh to me and not really good business for him.

If he did make a big mistake, maybe he doesn't want to talk to you because he's afraid you'll sue him for malpractice! Have you ever threatened?

By the way, I handle commercial leases!!! If he doesn't and won't, and you are within the Boston area, feel free to give me a telephone call. I've handled problems that have arisen after the lease was signed where the landlord almost kicked a commercial tenant out and I saved the business (a restaurant with little cash flow, by the way) with a suit filed in equity.

Anyway, good luck to you. Please mail me a coupon for a free meal, assuming you survive!

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Answered on 1/24/00, 4:21 pm


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