Crowe & Mulvey, a personal injury firm in Boston, has been sued by a former client for alleged Legal Malpractice. The lawsuit, filed by Brian Evans, alleges that the firm failed to depose or call witnesses during his mother's wrongful death trial, and failed to object when a juror member stated that "anyone can have a heart attack," despite the fact that the juror member did not have Sleep Apnea.
39 United States governors have issued Sleep Apnea Awareness Proclamations, many of them mentioning Evans mother by name. Those Proclamations can be seen at helen-bousquet.com.
The Massachusetts Appeals Court stated in an Order that the firm failed to object during trial to the issue in what would be a cause to appeal. The firm also did not do a conflict check on the judge, Lawrence Suprerior Court Judge Salim R. Tabit, who was married to a doctor with at least admitting privileges in the very same hospital Evans was suing.
Evans has named Florence Carey, an attorney at the firm and another attorney, as well as the firm itself.
"During the trial, my own attorney stated that the going rate for a 62-year-old, my mother, was $750,000," Evans says. "I was sickened."
The Massachusetts Bar Association issued a warning against the firm after they posted a video of Evans on YouTube praising the firm, but only doing so after Evans gave notice of his intent to sue and never before. YouTube, citing a violation of Evans copyright, immediately removed the video. Evans contends he did not realize legal malpractice had occurred until after Evans created a video about the firm. The firm never posted the video online until Evans informed the firm he intended to sue for legal malpractice.
"This firm represented me and deposed none of my witnesses nor called any of them to testify," says Evans. "Then they post a video of me praising them after I advised the law firm I intended to file suit, but never before. I am appreciative that both the Massachusetts Bar sent them a warning letter and that YouTube confirmed their violation of my copyright by the removal of the video. In my opinion, this firm seeks settlements, and were completely unprepared for trial."
Evans is being represented by Massachusetts attorney Richard Chambers.