Allen N. David

Allen N. David


Peabody & Arnold LLP

Recognized since 2010

Boston, Massachusetts

Practice Areas

Legal Malpractice Law - Defendants

Lawyer of the Year Badge - 2017 - Legal Malpractice Law - Defendants Lawyer of the Year Badge - 2013 - Legal Malpractice Law - Defendants
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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

Location

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

Peabody & Arnold LLP
Headquarters: Boston, Massachusetts

8 The Best Lawyers in America® awards

1 Best Lawyers: Ones to Watch in America awards

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Lawyer of the Year Badge - 2017 - Legal Malpractice Law - Defendants Lawyer of the Year Badge - 2013 - Legal Malpractice Law - Defendants

Named "Lawyer of the Year" by Best Lawyers® for:

  • Legal Malpractice Law - Defendants, Boston (2017)
  • Legal Malpractice Law - Defendants, Boston (2013)

Recognized in The Best Lawyers in America® 2022 for work in:

  • Legal Malpractice Law - Defendants

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.

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