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What Does The Standard Of Care Mean in Legal Malpractice?

What is the standard of care for an attorney in Massachusetts? What is it? Good afternoon. My name is Neil Burns. I'm an attorney here in Boston, Massachusetts, and along with my partner, Roshan Jain, we represent victims of legal malpractice and personal injury. And I've been asked to talk a little bit about the standard of care. Standard of care means what a reasonable attorney would be expected to do. What is his or her obligation to you? What should he or she know? What should they do with a particular set of circumstances? So if you are in small claims court, an attorney might not need to know securities and trademark regulation. If you hire an attorney on a personal injury case and then say, Hey, what's the story with this bankruptcy situation? They should refer you to someone else. If they say, Oh yeah, I can do that too. Then they're elevating their standard of care and may, they may have it. They may not. And we get it a lot in personal injury cases where someone doesn't really practice personal injury. They practice in another area of law but they try to take on a personal injury case because they think it'll be easy, they think it'll be remunerative, they think they'll make some money and they see all those TV ads they figure if all those people can do it we can do it. They don't quite appreciate number one that the TV lawyers and the paralegals that work in those offices are highly trained just doing personal injury and more importantly the people on the other side, the insurance, investigators, the insurance adjusters, and the insurance defense attorneys are in these cases every day. They know every trick, they know everything they're supposed to do, they take it very seriously and they're very professional. So the standard of care for a lawyer, for a personal injury lawyer, is that of the standard usual customary practice of an attorney that does that. But someone that's not doing that, not doing that regularly, doesn't really understand that, may fall below that standard of care. And in those instances, when that happens, you may have a legal malpractice claim because your lawyer didn't meet the standard of care. Call Burns Jain. It's a free initial consultation. We want to help you. We're aggressive, we're effective, we care about you, and we've had a history, a long history, of getting great results, top results, for victims of legal malpractice. Call Burns Jain for a free consultation. 617-227-7423. Thank you.