Justia Professional Malpractice & Ethics Opinion Summaries

Plaintiffs filed a personal injury slip-and-fall action against defendants and defendants moved to disqualify plaintiffs' attorney. At issue was whether defendants had standing to bring a motion to disqualify plaintiffs' attorney where plaintiffs' attorney's law firm had previously represented defendants' exclusive property manager. Also at issue was whether the circuit court erred as a matter of law in applying an "appearance of impropriety" standard in deciding the motion for disqualification. The court held that defendants had standing to move to disqualify opposing counsel where defendants have shown that plaintiffs' attorney's prior representation was so connected with the current litigation that the prior representation was likely to affect the just and lawful determination of defendants' position. The court also held that the circuit court incorrectly applied the standard of law and should have determined the motion for disqualification based on an attorney's duty to a former client in SCR 20:1.9. Accordingly, the court reversed the order of the circuit court and remanded for further proceedings.

The Real Estate Bar Association of Massachusettes ("REBA") claimed that certain activities undertaken by the National Real Estate Information Services ("NREIS") constituted an unauthorized practice of law. At issue was whether NREIS's activities, either in whole or in part, based on the record and as described in the parties' filings, constituted the unauthorized practice of law in violation of Mass. Gen. Laws ch. 221, section 46 et seq. Also at issue was whether NREIS's activities, in contracting with Massachusetts attorneys to attend real estate closings, violated Mass. Gen. Laws ch. 221, section 46 et seq. The court held that certain of the real estate settlement activities undertaken by NREIS did not constitute the unauthorized practice of law but the court could not determine based on the record whether the other described settlement activities did. The court also held that the closing or settlement of the types of real estate transactions described in the record required not only the presence but the substantive participation of an attorney on behalf of the mortgage lender and that certain services connected with real property conveyances constituted the practice of law.