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Erin K. Higgins

Erin is a trial attorney whose practice is concentrated in business litigation and professional and product liability defense. Erin also counsels clients on insurance coverage matters.

Erin is a member of the Massachusetts Board of Bar Overseers. She is also a member of the Supreme Judicial Court Standing Committee on Pro Bono Legal Services.

Erin has been named a “Massachusetts Super Lawyer” by the publishers of Boston Magazine every year since the designation was created in 2004. She is on the Board of Directors of the Professional Liability Defense Federation, and a member of the International Association of Defense Counsel, the Defense Research Institute, and the Litigation Counsel of America.

Erin co-chairs the firm’s Professional Liability Practice Group. She also chairs the firm’s Pro Bono Committee, and serves as the firm's Risk Management partner.


  • Successfully moved to dismiss legal malpractice complaint on grounds that plaintiff had not sufficiently alleged conflict of interest or damages. Decision affirmed by Massachusetts’s Supreme Judicial Court.
  • Obtained summary judgment for insurance company in rescission action filed in New Jersey Superior Court, defeating claim that allegedly innocent co-insureds should retain coverage.
  • Obtained summary judgment for manufacturer of hot tub spa in product liability action filed in Connecticut federal district court, on grounds that disclosed expert testimony was insufficient to establish that alleged defect made the product unreasonably dangerous, or was the cause of injury.
  • Represented law firm in establishing intra-firm privilege, in first-in-the-nation decision from state’s highest court.
  • Successfully moved to dismiss legal malpractice complaint on grounds that plaintiff could not demonstrate existence of attorney-client relationship as a matter of law.
  • Successfully moved to dismiss legal malpractice complaint on claims-splitting grounds.
  • Obtained defense verdict for electrical subcontractor following three-week jury trial of negligence claims brought by two injured tunnel workers.
  • Obtained defense verdict for hotel company following 8-day jury trial of age discrimination claim.
  • Obtained summary judgment for insurance company in declaratory judgment action involving a $3 million arbitration award.
  • Obtained summary judgment in favor of a Pennsylvania insurance agency on claims presenting an exposure of nine million dollars.
  • Represented a distributor seeking to prevent the termination of his distributorship agreement and the likely loss of his business. Following a five-day evidentiary hearing in federal court, obtained a preliminary injunction which allowed the distributor to continue marketing and selling the licensed products in his exclusive territory,
  • Represented a municipality in a four-day evidentiary hearing before the Department of Telecommunications and Energy, seeking a determination as to the proper interpretation of an inter-municipal agreement regarding sewage treatment and transport. Following the hearing, the DTE issued a 51-page opinion in favor of the firm's client.


  • Supreme Judicial Court of Massachusetts
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the First Circuit
  • Massachusetts Board of Bar Overseers, Member
  • Supreme Judicial Court Standing Committee on Pro Bono Legal Services, Member
  • Boston Bar Association Business Litigation Section, Steering Committee Member
  • Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct, Member (2009-2015)
  • Women's Bar Foundation of Massachusetts, Board Member and Former President
  • Massachusetts Defense Lawyers Association, Board Member
  • International Association of Defense Counsel, Professional Liability Committee, Vice Chair of Publications
  • Defense Research Institute, Member
  • Professional Liability Defense Federation, Board Member
  • American Bar Association's Civil Litigation Section, Member
  • Women's Bar Association, Member
  • Litigation Counsel of America, Fellow
  • Co-Author, "Some words to the wise on litigation finance enterprises," Massachusetts Lawyers Weekly (April 2016)
  • Speaker, “Recent IP Malpractice Trends,” 7th Annual Intellectual Property Law Symposium (Orlando, FL, April 2016)
  • Speaker, "Navigating the Differences Between the Massachusetts and Federal Rules," Boston Bar Association (December 2015)
  • Co-Author, "Discipline for Conduct Unrelated to Law Practice" (July 2015)
  • Co-Author,"More on cybersecurity and the rules of professional conduct,” Massachusetts Lawyers Weekly (April 2015)
  • Co-Author,"Cybersecurity and the rules of professional conduct,” Massachusetts Lawyers Weekly (February 2015)
  • Co-Author, "Mid-engagement conflicts: lateral hires, firm mergers," Massachusetts Lawyers Weekly (October 2014)
  • Speaker, “Confidentiality, Reporting Up, and Acting Out: The Case of General Electric and M. Adriana Koeck,” Boston Bar Association (October 2014)
  • Panelist, “Ethical Issues for Professional Liability Practitioners,” Professional Liability Defense Federation Annual Conference, Washington, D.C. (September 2014)
  • Co-Author,"Mid-engagement conflicts: practice points for the wise”, Massachusetts Lawyers Weekly (August 2014)
  • Co-Author,"Surprising pronouncement on forfeiture of affirmative defenses”, Massachusetts Lawyers Weekly (June 2014)
  • Panelist, “The Dash to Court: Seeking and Opposing Preliminary Relief in the Business Litigation Session,” Boston Bar Association (June 2014)
  • Panelist, "The Story Behind the Unhappy Client, and Ethical Issues You May Have Missed Along the Way," Professional Liability Defense Federation Annual Conference, Chicago, IL (October 2013)
  • Author, "Are a Lawyer’s Communications with the Firm’s In-House Counsel Privileged?" International Association of Defense Counsel (September 2013)
  • Co-Author,"Billing Disputes and Some Thoughts on How to Avoid Them", Massachusetts Lawyers Weekly (July 2013)
  • Author, "The Rule Against Claims Splitting as a Defense to Legal Malpractice Claims", Professionals', Officers' and Directors' Liability Committee Newsletter (Winter 2012)
  • Author, "What do you mean you want your client file?”, Massachusetts Lawyers Weekly (November 2011)
  • Author, "Trademark licensors potentially subject to strict liability”, Massachusetts Lawyers Weekly (August 2011)
  • Author, "What’s In a Name? Possibly, Strict Liability as an Apparent Manufacturer", Defense Counsel Journal (July 2011)
  • Panelist, "Navigating Conflict Issues in Transactional and Litigation Matters," Boston Bar Association CLE (June 2006)
  • Moderator and Program Chair, "Disciplinary Matters At The Board of Bar Overseers," Boston Bar Association CLE (April 2005)
  • Boston College Law School, J.D. cum laude (1991)
  • Georgetown University, B.A. cum laude (1987)
  • Selected for inclusion in the 2016 publication of The Best Lawyers in America ©.
  • Edmund S. Muskie Pro Bono Award, ABA Tort Trial & Ins. Practices Section (2014)
  • Top Women in the Law Honoree by Massachusetts Lawyers Weekly (2012)
  • Victim Rights Law Center Shining Star Award for pro bono work (2009)
  • Selected as Massachusetts Super Lawyer by Law & Politics and the publishers of Boston Magazine (2004-2015)
  • Selected as Top 50 Women Lawyers in Massachusetts by Law & Politics and the publishers of Boston Magazine (2006-2015)
  • Represent clients on a pro bono basis in civil matters arising out of sexual assault and domestic abuse complaints.