Massachusetts Legal Ethics & Malpractice
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Navigate Massachusetts’ system of attorney regulation with this newest practice deskbook from the publishers of Law Journal Press, the American Lawyer and the National Law Journal. The book contains practical advice from the authors regarding Massachusetts Bar Discipline and Legal Malpractice.
This book is comprised of two main parts: Massachusetts Bar Discipline and Legal Malpractice.
Part One, Bar Discipline, details 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.
Keep current with the law and rules concerning lawyer liability and discipline in Massachusetts, as they continue to develop and change, and as ethics committees constantly issue new opinions and guidelines.* The book contains helpful appendix material: Massachusetts Rules of Professional Conduct; Restatement of the Law Governing Lawyers - Selected Citations; Ex Parte Communications – List of Selected Recent Cases, Rules, and Ethics Opinions in Massachusetts.
Table of contents
Chapter 1: The Investigative Process
Chapter 2: The Prosecution Process
Chapter 3: Legal Malpractice in Massachusetts