18 Massachusetts opinions name it 4 courts 1984–2025 2 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fishman v. Brooksgreen2 sentences2016See Matter of Crossen, 450 Mass. 533, 570 (2008), quoting Fishman v. Brooks, 396 Mass. 643, 650 (1986) ("'[e]xpert testimony concerning the fact of an ethical violation is not appropriate' in bar discipline proceedings because the fact finder does not need assistance understanding and applying the ethical rules"). 2012Massachusetts certainly follows this approach, see the Shaughnessy and Keefe cases cited in text, and also the rule that although an ethical violation is not malpractice per se, it “may be some evidence of the attorney’s negligence.” Fishman v. Brooks, 396 Mass. 643, 650 (1986). | 5 | 5 |
Saggese v. Kelleygreen1 sentence2025See Saggese v. Kelley, 445 Mass. 434, 440-441 (2005).2 The defendant further contends that the judge erred in allowing the firm to recover legal fees because it had improperly withdrawn from representation. | 1 | 1 |
Highlands Insurance v. Aerovox Inc.green1 sentence2023Co. v. Aerovox Inc., 424 Mass. 226, 232 (1997). 1. | 1 | 1 |
Vinci v. Byersgreen1 sentence2023The investigation was closed in January 2017, after the BBO concluded that there was insufficient evidence to prove that the attorney defendants committed an ethical violation. 5 A claim for conspiracy to defraud was dismissed by agreement. 4 depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'" Vinci v. Byers, 65 Mass. App. Ct. 135, 138 (2005), quoting Highlands Ins. | 1 | 1 |
In re Crossengreen1 sentence2016See Matter of Crossen, 450 Mass. 533, 570 (2008), quoting Fishman v. Brooks, 396 Mass. 643, 650 (1986) ("'[e]xpert testimony concerning the fact of an ethical violation is not appropriate' in bar discipline proceedings because the fact finder does not need assistance understanding and applying the ethical rules"). | 1 | 1 |
Berman v. Coakleygreen1 sentence2012“Unflinching loyalty to their interests is the duty of every attorney to his clients.” Berman v. Coakley, 243 Mass. 348, 355 (1923); see Mass.R.Prof.Conduct (SJC Rule 3:07), Rule 1.7, comment 6 (“The lawyer’s own interests should not be permitted to have an adverse effect on representation of a client”). | 1 | 1 |
Asphalt Engineers, Inc. v. Galushagreen2 sentences2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for 2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 1 |
Weiss v. Manfredigreen2 sentences2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for 2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 1 |
Beis v. Bowersgreen1 sentence2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 1 |
In re Tobingreen1 sentence2008See Matter of Tobin, 417 Mass. 81, 86 (1994). | 1 | 1 |
In the Matter of Garabediangreen1 sentence2004See Matter of Garabedian, 416 Mass. 20, 23, 25 (1993). | 1 | 1 |
Robert L. Sullivan, D.D.S., P.C. v. Birminghamgreen1 sentence2004Sullivan v. Birmingham, 11 Mass.App.Ct. 359, 368 (1981). | 1 | 1 |
Doe v. Nutter, McClennen & Fishgreen1 sentence2002Cf. Doe v. Nutter, McClennen & Fish, 41 Mass. App. Ct. 137, 141 (1996), and cases cited (even if attorney violates rule precluding ex parte communication with represented party, violation did not create cause of action based solely on rules of professional conduct). | 1 | 1 |
Care and Protection of Lauragreen1 sentence1999Cf. Care & Protection of Laura, 414 Mass. 788, 792 (1993). | 1 | 1 |
In the Matter of Saabgreen1 sentence1998Matter of Saab, 406 Mass. 315, 329 (1989). | 1 | 1 |
Patry v. Liberty Mobilhome Sales, Inc.green1 sentence1984The legal fees component of G.L.c. 93A judgment is paid to the plaintiff, not the plaintiffs lawyer, but, as a practical matter, the judiciál determination of what is the reasonable fee will determine what a plaintiffs lawyer in such a case will charge, Patry v. Liberty Mobilehome Sales Inc., 15 Mass. App. Ct. 701, 707 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Fitch v. McDermott, Will and Emery, LLPgreen2 sentences2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for 2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
In re Antonelli
green
1 sentence2013We defer to the hearing officer’s conclusions regarding the credibility of the witnesses, and recognize that “[i]t is not necessary that each fact supporting an allegation be found by clear and convincing evidence but only that the allegation of an ethical violation be proved by clear and convincing evidence.” Id. | 1 | 2013–2013 |
In re Shaughnessy
green
1 sentence2012Similar conduct by an attorney is undeniably an ethical violation, both in Massachusetts, In re Shaughnessy, 442 Mass. 1012 (2004) (imposing discipline on attorney who actively concealed his failure to file action before expiration of statute of limitations); Matter of Keefe, 7 Mass. Att’y Discipline Rep. 138, 139-40 (1991) (same), and elsewhere. 11 It also appears that a majority of jurisdictions that have faced the question of tort liability for an attorney’s concealment of a significant mistake have found such claims viable, whether presented as straightforward legal malpractice or as a bre | 1 | 2012–2012 |
McAlister v. Slosberg
green
1 sentence2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 2012–2012 |
Leonard v. Dorsey & Whitney LLP
green
1 sentence2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 2012–2012 |
Deutsch v. Hoover, Bax & Slovacek, L.L.P.
green
1 sentence2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 2012–2012 |
Beal Bank, SSB v. Arter & Hadden, LLP
green
2 sentences2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for 2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 2012–2012 |
Metcalfe v. Waters
green
1 sentence2012E.g., Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134 , 770 P.2d 1180, 1183 (Ariz.App. 1989) (affirming punitive damages award against attorney for, in part, “attempt[ing] to cover-up his misconduct”); Beal Bank v. Arter & Hadden, 42 Cal.4th 503 , 167 P.3d 666 , 66 Cal.Rptr.3d 52 (Cal. 2007) (“attorneys have a fiduciary obligation to disclose material facts to their clients, an obligation that includes disclosure of acts of malpractice”; statute of limitations tolled during period of nondisclosure); Beis v. Bowers, 649 So.2d 1094, 1097 (La.App. 1995) (allowing emotional distress damages for | 1 | 2012–2012 |
GTE Government Systems Corp. v. Rackman, Sawyer & Brewster
neutral
1 sentence2009Corp. v. Rakemann, Sawyer & Brewster, 1993 WL 818682 , at *3 [ 1 Mass. L. | 1 | 2009–2009 |
Commonwealth v. Lampron
green
1 sentence2006Counsel is, of course, “bound by an ethical standard of candor to the court.” Id., citing Mass. R. | 1 | 2006–2006 |
Commonwealth v. Rondeau
green
1 sentence2000Commonwealth v. Rondeau, supra at 414-415 . | 1 | 2000–2000 |
Perry v. Medeiros
green
1 sentence1986Perry v. Medeiros, supra at 842 . | 1 | 1986–1986 |
Hills v. Snell
green
1 sentence1984The status of attorney-client is a contractual relationship, and the defendant, as a stranger to the contract has no standing to complain of an alleged ethical violation, Mellen v. Whipple, 67 Mass. (1 Gray) 317 (1854); Hill v. Snell, 104 Mass. 173 , (1870). 2 Disciplinary Rule 2-106 would appear to be for the benefit of clients who express dissatisfaction with the fee charged by their attorneys. | 1 | 1984–1984 |
Mellen v. Whipple
green
1 sentence1984The status of attorney-client is a contractual relationship, and the defendant, as a stranger to the contract has no standing to complain of an alleged ethical violation, Mellen v. Whipple, 67 Mass. (1 Gray) 317 (1854); Hill v. Snell, 104 Mass. 173 , (1870). 2 Disciplinary Rule 2-106 would appear to be for the benefit of clients who express dissatisfaction with the fee charged by their attorneys. | 1 | 1984–1984 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.