Massachusetts Legal Malpractice and Ethics
by: James S. Bolan and Sara N. Holden
Print + Online + eBook: $320
eBook + Online: $300
Navigate Massachusetts’ system of attorney regulation with this newest practice desk resource. Massachusetts Legal Malpractice & Ethics is comprised of two main parts: Massachusetts Bar Discipline and Legal Malpractice. Each section is further divided into subsections covering procedure, prima facie elements, defenses, seminal or noteworthy cases and commentary.
Part One, Bar Discipline, details both the investigative process and the prosecutorial process. Topics addressed include: Board of Overseers, Response to the Complaint, Diversion Program, Formal Charges, Possible Dispositions, Formal Proceedings, Discovery, Prosecuting the Petition, Review and Appeal and Proceedings Before Court. Also addressed are issues involving temporary suspension, disability inactive status, disbarment by consent, convictions, commissioners, costs and restitution, reinstatement and clearance letters.
Part Two addresses legal malpractice topics, including: Attorney-Client Relationship, Standard of Care and Proximate Cause, Damages, Expert Testimony, Other Claims (e.g., breach of contract, breach of fiduciary duty, negligent misrepresentation, fraud, interference with contractual relations), Defenses, and the Intersection Between Bar Discipline and Legal Malpractice.
James S. Bolan and Sara N. Holden are partners with Brecher, Wyner, Simons, Fox & Bolan in Newton, Massachusetts.