Taunton lawmaker facing a legal malpractice trial

By John R. Ellement, Globe Staff

A Taunton state representative with a private law practice is facing a legal malpractice trial following a ruling today by the state's high court.

Representative James H. Fagan and Boston attorney William A. Brown are being sued by a former client, Humberto Correia, who claims they bungled his defense in federal court in 2000.

The Supreme Judicial Court ruled unanimously that Superior Court Judge Christopher Muse was wrong to toss out Correia's malpractice claim.

The SJC said that, in order to get the case thrown out, the lawyers had to show that Correia had no reasonable chance of establishing that he was actually innocent. The lawyers failed to show that, the court said, noting that the prosecution's case was based on "highly disputable premises."

Correia was charged with arson and mail fraud for allegedly torching his Taunton business in 1996 to help pay off his debts. He was convicted with Fagan and Brown as his lawyers, but a new trial was ordered and, with a different attorney, Correia was acquitted.

Attorneys for Correia, Fagan and Brown did not return telephone calls seeking comment.

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