who do i call in the state of massachusetts to report my lawyer for not doing his job

by Prof. Francisco Douglas DVM 5 min read

File a Complaint With Your State's Lawyer Discipline Agency.

Full Answer

How do I file a complaint against a lawyer in Massachusetts?

The Massachusetts Board of Bar Overseers handles complaints about lawyers. The BBO has a section called “Rules and Decisions.” There you can see if there are any decisions against attorneys .

Where can I find a list of lawyers in Massachusetts?

The Findlaw Lawyer Directory contains over 800,000 lawyers, listed through a clear user interface. "More options" under Locations lets you search by name. The Massachusetts Board of Bar Overseers handles complaints about lawyers. The BBO has a section called “Rules and Decisions.”

What should I do if my lawyer is not responding?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What should I do if my lawyer has mishandled my case?

If you have a case pending that your lawyer has mishandled, be sure to also protect your rights by taking steps to see that your case is now properly handled. My lawyer’s incompetence meant that I lost my case.

What to do if you get summoned to court?

How to decide if you are guilty in a criminal case?

Is it a good idea to get a lawyer?

Do lawyers have to keep their statements confidential?

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How do I file a complaint against an attorney in Massachusetts?

To file a complaint, please call 617-728-8750. Inquiries concerning the professional conduct of an attorney admitted to practice in Massachusetts are initially handled by the Attorney and Consumer Assistance Program (ACAP) of the Office of the Bar Counsel.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What to do if your lawyer is not communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

How long should it take for a lawyer to get back to you?

Even if your lawyer is working on another case, they should still get back to you within a day or two at the most. Your lawyer owes you responsive communication, even if you're not their only client. There's no excuse for an attorney who takes weeks to return calls or emails.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

What do you do when your lawyer lies to you?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

What are the main areas of dispute and complaints for law firms?

Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How do you follow up with a lawyer?

Ask to meet again. Cordially make your request for the followup meeting. Include your phone numbers and email address, even though your attorney already has them from the previous meeting. If there is a best time or manner to contact you, let them know what it is.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What is a Marsden hearing?

A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.

What is the Board of Bar Overseers?

"The Board of Bar Overseers was established by the Supreme Judicial Court in 1974 as an independent administrative body to investigate and evaluate complaints against attorneys.". They have over 80 articles on their site about ethical issues for lawyers.

Can a lawyer send confidential emails to an email address?

The lawyer must be careful, however, to ensure that confidential messages are not sent to e-mail addresses that are reasonably accessible to persons other than the client, and to avoid using unencrypted Internet e-mail in contravention of the client's express instructions.".

What is the Massachusetts Board of Bar Overseers?

The Massachusetts Board of Bar Overseers handles complaints about lawyers. The BBO has a section called “Rules and Decisions.” There you can see if there are any decisions against attorneys . You also look up lawyers in the Look Up an Attorney section to see if there has been any “Public Discipline” against them.

What is a lawyer referral service?

Lawyer Referral Services can help you find a lawyer. Bar associations – professional groups for lawyers – often have referral services. Some nonprofit organizations also have referral services. Each of the following groups has information about how to find a lawyer.

What is a lawyer for the day?

Lawyer for the Day programs. In some courts, there are programs where volunteer lawyers spend a day helping people with their cases. These are called Lawyer for the Day programs. Each Lawyer for the Day program gives different types of help. Check with the court where your case is to find out:

What is limited assistance representation?

Legal help for a part of a case: “Limited Assistance Representation” from a lawyer. Typically, lawyers represent clients for a whole case. However, there is a way to get legal help just for part of a case. This is called “Limited Assistance Representation” or “LAR.”. With LAR, you and a lawyer agree what parts of a case you will handle ...

How to contact a Massachusetts attorney?

To reach the Massachusetts Bar Association attorney referral service, call (617) 654-0400 in the Boston area or toll free at (866) 627-7577. You may also visit www.massbar.org, and click on the " Need a lawyer? " tab.

What to do if your workers compensation claim is disputed?

If your claim is disputed, it is strongly advised that you seek an attorney to protect your rights and interests, because the workers' compensation law can be complicated.

Do I need an attorney to file a claim for DIA?

You do not necessarily need an attorney to file a claim for benefits, and you may represent yourself for any proceedings before the DIA. However, this is not recommended in most cases. Employees of the DIA are not allowed to make referrals to attorneys or offer legal advice.

What happens if you don't report a violation of the law?

If there's no evidence of a violation, the board will dismiss the case and notify you. If the violation is minor, a phone call or letter to the lawyer usually ends the matter.

How to file a complaint against a lawyer?

In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is the role of a disciplinary board in a state?

State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.

What is the role of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible. To protect the public—and the integrity of the legal profession—each state has its own code of ethics that lawyers must follow. These are usually called the “rules of professional conduct.”

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.

What is a public reprimand?

issue a private reprimand (usually a letter sent to the lawyer) issue a public reprimand (usually published in the agency’s official reports and a local legal journal or newspaper ) suspend the lawyer (the lawyer cannot practice law for a specific time) disbar the lawyer (the lawyer loses his or her license to practice law), and/or.

How long does it take to file a whistleblower claim?

However, it’s important to be aware of the applicable time limits for filing a retaliation claim – some have to be filed within 30 days of the alleged retaliation.

What is whistleblower in the workplace?

Whistleblowers are individuals who help expose – or refuse to participate in – unethical or illegal activity within their company or government. In the labor context, this involves issues of workplace safety and health, employee benefits, veteran employment, wages and hours, workers’ compensation, agricultural work, and much more.

What are the types of retaliation whistleblowers face?

As a whistleblower, you may encounter many different types of workplace retaliation, including simple harassment, negative performance reviews, pay cuts, transfers, and even the loss of your job.

What is the Department of Labor?

Whatever the case may be, the Department of Labor seeks to improve working conditions and assure worker’s rights, benefits, and welfare. However, reporting a violation of the labor laws is not always so simple. For one thing, you need to know which agency within the department covers your issue. For example, the Wage and Hour Division handles many ...

Can employers fix problems they don't know about?

Employers can’t fix problems they don’t know about, and some problems are caused unintentionally. Keep detailed documentation about the problem, complaints you make, and how those complaints are received by management and coworkers. Know which laws and agencies cover your issue. As noted above, different agencies within the Department ...

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

How long do you have to answer a counterclaim in Massachusetts?

File your own answer to any counterclaims. If the other side alleges any counterclaims against you, Massachusetts gives you 20 days to file your own answer to those counterclaims. [28]

What is subject matter jurisdiction in Massachusetts?

Subject matter jurisdiction extends not just to the type of case, but also the amount of damages you're seeking. If you're suing for more than $25,000 in Massachusetts, you must sue in Superior Court. The District Court has jurisdiction for all claims seeking less than $25,000.

What is personal jurisdiction?

Personal jurisdiction deals with whether the court has the power to order the person you're suing to do something or to pay you money. For that to happen, the person you're suing must have sufficient connection to the county where that court is located.

What is a deposition in court?

A deposition is a formal interview in which all questions and answers are documented by a court reporter. The court reporter later produced a transcript for your records.

How to request relief from the court?

Request relief from the court. In the last paragraph of your complaint, make a general request to the court to grant appropriate relief for the claims you listed. In this section, you must state what you want the court to give you if you win.

Do you have to demand a jury trial in Massachusetts?

If the type of lawsuit you're filing allows you to have a trial by jury, you should demand one at this point in your complaint. Massachusetts court rules require you to demand a jury trial within a brief period of time or you've essentially waived your right to a jury.

Does Massachusetts have a separate court for divorce?

For example, Massachusetts has separate family courts that hear family law cases, so if you are filing a lawsuit for divorce or custody, you would need to file your lawsuit in a family court. [1] X Trustworthy Source State of Massachusetts Official website for the State of Massachusetts Go to source.

What to do if your lawyer is not responding to you?

If, after many attempts to communicate with your attorney are met with silence, write your lawyer a firm letter asking why they are not responding to you. You should not threaten legal malpractice claims in your letter.

What to do if your attorney is not doing a good job?

One of the best things that you can do if you feel that your attorney is not doing a good job is to get another law firm to look at your situation. These second opinions do not have to cost very much as it will probably only last an hour or two.

What to do if you receive a bill that looks like the one above?

If you receive a bill that looks like the one above, you should demand an itemized accounting of all the time that your attorney spent on your case. Where exactly did those 50 hours go? For example, if your attorney claims that he wrote a letter to opposing counsel for 4 hours, and the letter turned out to be 2 paragraphs long, you may want to seriously question your attorney's time management.

What to do if your attorney is not cooperating?

If your attorney is not cooperating, you can go to the courthouse to see copies of all documents that have been filed relating to your case. Lastly, you may have to sue your former attorney in order to get your case file back.

What are the rules of legal ethics?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

What is the best way to fight legal malpractice?

Consider Mediation . One common method that many people are turning to instead of legal malpractice claims is mediation. Mediation is something both you and your lawyer may benefit from, and could even lead to a better attorney-client relationship.

Is it frustrating to have an attorney not doing their job?

It can be discouraging and frustrating when you feel that your attorney is not doing their best job on your case . This article lays out some of the most common problems that clients have with legal professionals and suggests some ways of handling legal malpractice claims.

What to do if you get summoned to court?

If you receive a summons to appear in court for arraignment on criminal charges, you will have time to contact a lawyer and consult with them before your court date. If you do hire a lawyer, they should go to court with you to participate in your arraignment.

How to decide if you are guilty in a criminal case?

First, in a criminal case, you decide whether to: Go to trial or plead guilty. Have a jury trial or a bench trial. Testify or use your right to be silent. In a civil case, your lawyer should talk to you before making any settlement decision.

Is it a good idea to get a lawyer?

Constitution ensures that every defendant has the right to a lawyer, it doesn’t make legal representation mandatory if a defendant chooses to represent themself. It’s still a good idea to get a lawyer to help you: Present the defense strategy that’s best for your interests.

Do lawyers have to keep their statements confidential?

Generally, lawyers must keep your statements confidential if you speak to them privately. Any conversation that you have with your lawyer which you and he or she intends to keep private is considered to be completely confidential. All communications between you and your lawyer, whether written, spoken, or otherwise, fall within this rule of confidentiality, which is called "attorney-client privilege." This strict rule of confidentiality applies not only to the attorney involved, but to their partners, associates, and other staff members, including the lawyer's secretary.

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