Should I accept a full refund from an attorney in case of legal malpractice?
My attorney did not follow professional rules of conduct and made some major mistakes in handling the dispute in the purchase of our Wellesley home. He has acknowledged that he fouled up the litigation. Should I accept a full refund of payments made or hire another attorney and file a professional malpractice suit? If I accept a refund, I will have to sign a release stating I will never bring an arbitration, a malpractice claim and won’t file any complaints with the bar.
Your acceptance of a refund, and the corresponding signing of a release, will bar you from bringing a malpractice claim against the attorney. If the amount of the refund is dramatically less than the damages you claim to have suffered as a result of the attorney’s malpractice, you should consult with an attorney concerning a possible malpractice claim. Legal malpractice cases are usually defended quite vigorously, so you and your attorney should consider carefully whether a malpractice case is worth the time, money and effort. You will likely need an expert witness to assist in proving your claim and the expert’s fees can often be costly.
Attorney Alan Fanger is an Professional Malpractice Lawyer. He serves individuals and businesses in Wellesley, MA and the Greater Boston and Boston metrowest area including: Sudbury, Concord, Lincoln, Weston, Wellesley, Natick, and Framingham.