Attorneys – Malpractice – Limitations
Where a motion has been filed to dismiss a legal malpractice complaint, that motion must be allowed because the complaint was time-barred under the three-year statute of limitations (G.L.c. 260, §4).
View ArticleAttorneys – Privilege – Waiver
Where (1) a defendant pharmaceutical company has produced information concerning its internal “Promotional Review Committee” in support of an affirmative defense and (2) the relator has moved to compel...
View ArticleAttorneys – Fees – Public Records Law
Where a plaintiff has petitioned for an award of its reasonable fees and costs of litigation as a prevailing party under the Massachusetts Public Records Law (G.L.c. 66, §§1-21), the fees awarded...
View ArticleAttorneys – Fees
Where a motion for an award of counsel fees and costs has been filed by the defendants pursuant to G.L.c. 231, §6F, and Rule 11 of the Massachusetts Rules of Civil Procedure, that motion should be...
View ArticleAttorneys – Data breach – Monetary relief
Where a defendant law firm has moved to dismiss a complaint over a data breach that purportedly exposed personal identifiable information and protected health information to criminal cyberhackers, the...
View ArticleAttorneys – Nonprofit organization – Estate planning
Where a client has asked an attorney to draft an estate planning document that includes a substantial testamentary gift to a nonprofit organization for which the attorney serves as an officer, it is...
View ArticleAttorneys – Citations – Client permission
Where an attorney who specializes in litigation has asked whether client permission is required before including on the firm’s website citations to published opinions in which the attorney appeared as...
View ArticleAttorneys – Disgorgement of fees – Third-party payment
Where an attorney has filed an appeal challenging an order disqualifying him from representing a defendant in a criminal proceeding and requiring him to disgorge his legal fees, that order must be...
View ArticleJudge issues warning in halving lawyer’s fee request
A federal judge in Boston has put a Providence attorney on notice that his billing records will come under strict scrutiny the next time he files a motion for attorneys’ fees.
View ArticleAttorneys – Privilege – ‘At issue’ waiver
Where a defendant seeks to recover certain legal fees and expenses, the defendant should be ordered to produce unredacted copies of its legal bills that explain why those fees and expenses were incurred.
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