Allen N. David - Peabody & Arnold LLP
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Allen N. David

Listed in Best Lawyers since 2010
Phone: 617-951-2003

Allen David's civil litigation trial practice focuses on the defense of professional liability claims. He primarily represents lawyers and law firms against complex claims of malpractice. In addition to his trial experience, Mr. David has significant appellate experience in both state and federal courts. His articles and book chapters in the areas of legal malpractice, insurance law and financial institution law have appeared in numerous publications. Mr. David is the author of the professional liability section of the Massachusetts Superior Court Jury Instructions. He speaks regularly to bar and industry groups

Case History

One to One Interactive LLC v. Landrith, 76 Mass. App. Ct. 142 (2010) — My partner Elizabeth Houlding and I were appellate counsel in a case in which a judgment of about $10 million had entered against two directors of a corporation on claims of breach of fiduciary duty.  We were able to persuade the Massachusetts Appeals Court that the trial judge had erred in his jury instructions on damages, and succeeded in getting a reversal and a new trial on damages.
Poly v. Moylan, 423 Mass. 141 (1996) — This was a legal malpractice case involving an underlying claim under the Federal Tort Claims Act arising out of international child kidnapping. 
EIU Group, Inc. v. Gulf Ins. Co., 489 F.3d 405 (1st Cir. 2007) — This was a claim against directors and officers of an insurance company alleging that a breach of fiduciary duty had driven the plaintiff out of business.  The case was difficult because of the valuation issues and the size of the damage claim.  At trial the jury awwarded a fraction of the plaintiff''s claim.  On appeal, the First Circuit reversed and held that the defendants should have had a directed verdict on a counterclaim.
McCann v. Davis, Malm & D''Agostine, 423 Mass. 558 (1996) — This case established that the violation of an attorney disciplinary rule, specifially a conflict of interest, did not eliminate the need to prove causation in a legal malpractice case.
Clark v. Rowe, 428 Mass. 339 (1998) — The case established that comparitive negligence was  defense in legal malpractice cases in Massachusetts.

Office Location

Federal Reserve Plaza
600 Atlantic Avenue
Boston, MA 02210-2261
United States


Lawyer of the Year Awards

2017 Lawyer of the Year in Legal Malpractice Law - Defendants of the Boston Metro Area2013 Lawyer of the Year in Legal Malpractice Law - Defendants of the Boston Metro Area
Allen N. David has earned a Lawyer of the Year award for 2017!Allen N. David has earned a Lawyer of the Year award for 2013!

Practice Areas

Legal Malpractice Law - Defendants