Massachusetts Legal Malpractice: Chapter 93A Has Four Year Statute of Limitations
In a case decided by the Massachusetts Appeals Court, the Court dismissed all counts against Attorney Stephen Hrones except the Massachusetts General Laws, Chapter 93A claim.
This was because 93A has a four (4) year statute of limitations. We have prosecuted many cases of legal malpractice in Massachusetts and there is usually a Chapter 93A claim.
In the Chapter 93A claim in this case, there was a “misunderstanding” at the Superior Court level, according to the Appeals Court. The trial court stated that the critical 93A letter was not 30 days before filing suit, therefore violating the notice provisions of the law, Chapter 93A, Section 9(3). However, the Appeals Court determined that there was the misunderstanding and sent the case back to the trial court so that the plaintiff could proceed with a Chapter 93A claim.
Legal malpractice cases have a three (3) year statute of limitations. While 93A does have the longer statute of limitations, filing suit outside of the three years for negligence against the attorney poses too many risks for a general legal malpractice case and we would recommend that clients consult with an experienced legal malpractice attorney as soon as they think there may be malpractice.