Morrison Mahoney Associate Avana Anderson recently obtained a defense verdict following a trial in Malden District Court. The plaintiff alleged that the defendant immigration attorney represented her in her deportation proceedings and overcharged her for his legal services. The plaintiff hired an attorney who shared office space with the defendant. After plaintiff’s attorney passed away, the defendant filed a Notice of Withdrawal on behalf of the deceased attorney with the immigration court. The plaintiff argued that those actions created an attorney-client relationship between the plaintiff and the defendant.
Avana successfully proved there was no attorney-client relationship highlighting that the defendant did not file a Notice of Appearance in the plaintiff’s immigration proceedings, there was no retainer agreement between the parties, the defendant never collected a fee in connection with the plaintiff’s immigration case and the defendant never gave the plaintiff any legal advice.