Legal Negligence (Malpractice)
If an attorney has attempted to represent both sides of a matter or has a stake in the
company against a person and is negotiating or asserting a claim or filing suit, the client
could be injured through his/her lawyer's conflict of interest. If the lawyer fails to file suit
on time or otherwise acts below the appropriate standard of care, the client may have a
case of legal negligence (malpractice). Larry has handled many such cases with
confidentiality and sensitivity both through trials and appeals.
Whistle-Blower (False Claims Act)
Any employee who knows his/her employer is falsely billing the federal government,
whether directly or indirectly, can file a claim on behalf of the federal government and
receive a portion of the government’s recovery. The False Claims Act also protects the
employee from retaliation for any allegations legitimately brought forward. Your client
may be a whistle-blower. Larry has experience with whistle-blower claims.
Breach of Fiduciary Duty
Executors, administrators and trustees have a fiduciary responsibility to beneficiaries.
Fiduciaries are charged with carrying out the asset distribution set forth in a will or trust,
are not allowed to benefit from the estate’s or trust's assets to the detriment of the
persons they are entrusted to protect and must act with the utmost loyalty (i.e., not with
a conflict of interest). Fiduciaries also should be capable of handling whatever financial
transactions are necessary to allocate assets to fit the needs and objectives of their
beneficiaries and/or clients and the financial directives binding them.
In the event a fiduciary has acted outside the appropriate standards in the
administration of money for which he/she is entrusted for the benefit of others, Larry
can assist persons who have been harmed. He has worked in this sensitive area. He
can sue the fiduciary to attempt to recover for a beneficiary’s losses, to have the
fiduciary provide a comprehensive accounting of assets, or to remove the fiduciary from
a position of trust and/or to obtain other appropriate relief.
Breach of Contract
People enter into a wide range of contracts in their personal and business lives, i.e.,
product or service purchases, real estate sales agreements, automobile purchase
agreements, as well as oral contracts. Insurance claims are based upon contracts,
including business, healthcare, disability, homeowners, auto and uninsured motorist.
Breach of contract can relate to a company or individual’s failure to provide services or
goods or to the quality of services or goods or to a variety of other issues and
disputes. Larry has successfully handled many such disputes.
Medical Negligence (Malpractice)
Physicians are human and errors are possible. Medical malpractice occurs when a
negligent (below generally accepted standard of practice) act or omission by a doctor
or other medical professional results in damage or harm to a patient. Negligence by a
medical professional could include improper diagnosis, treatment, or illness
management. Larry has handled many such claims.
|Laurence D. Mass