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Appeals Court Upholds Award of Frivolous Attorney’s Fees

The Massachusetts Appeals Court recently upheld an award of attorney’s fees and granted attorney’s fees for the appeal to a client in a case in which Attorney Steven Weil defended a property management company against a former tenant. Attorney Weil successfully defended the management company against claims brought by a former tenant who alleged that he developed severe respiratory problems due to the presence of mold and other conditions at his apartment. At the conclusion of the case, the trial court ordered the plaintiff and his attorneys to pay the management company a portion of its attorney’s fees because the claims were found to be frivolous under G.L. c. 231, s. 6F. The plaintiff’s attorneys appealed and the Appeals Court affirmed the attorney’s fee award and ordered a further award of appellate attorney’s fees against the plaintiff’s attorneys who appealed. The case is described in Massachusetts Lawyers Weekly.