Filing a lawsuit against an lawyer for malpractice is different than filing a complaint about the attorney with the Massachusetts Board of Bar Overseers. In a lawsuit a plaintiff may recover money damages, while a complaint with the Board of Bar Overseers is processed through the BBO's system and, if proved, may subject the lawyer to BBO disciplinary action.
In general a legal malpractice suit must prove the following elements:
1. A valid attorney/client relationship.
2. A duty on the part of the attorney to the client.
3. A breach of that duty.
A lawyer breaches his or her professional duty they fail to provide reasonably competent representation or violate their fiduciary obligations. Proving a breach of duty is often difficult.
4. As a direct result of the attorney's negligence the client has suffered measurable damages.
The plaintiff has the burden of proving the amount of damages. In general, legal malpractice cases are not litigated unless the provable and collectible damages are significant. Legal malpractice cases are usually expensive to investigate and prosecute. They are usually hotly contested and strongly defended suits.
If you believe you have a legal malpractice claim
contact a lawyer here.