Cormier v. Deren

INTRODUCTION

This matter is before the Court on the remaining defendant’s motion to dismiss,3 pursuant to Mass.R.Civ.P. 12(b)(6), or in the alternative, for summary judgment pursuant to Mass.RCiv.P. 56.4 As the Court has chosen to consider affidavits and exhibits introduced by both parties, it will treat this motion as one for summary judgment.

Plaintiff Richard A. Cormier (Cormier) brings this action for legal malpractice against defendant, Dennis J. Brennan (Brennan), asserting that Brennan failed to adequately defend Cormier during the course of his criminal trial. Brennan moves to dismiss…