Malpractice Claims Live On … and On

Published August 5, 2014

Even in death, there is no peace. At least not for the families of lawyers. A recent court ruling extended the time period during which a malpractice suit can be filed, so the estates of deceased attorneys are at even greater risk than previously.

In Greenbaum v. Holian, Lawyers Weekly No. 12-049-14, the court gave new meaning to the “long arm of the law.” The court extended Massachusetts’s one-year statute of limitations against attorneys for malpractice and allowed a plaintiff’s claim that was filed twenty-nine months after the attorney’s death.

The circumstances of the underlying case are interesting but not outstanding. There is some dispute about whether the circumstances would have sustained a judgment even during the statutory period. However, the court found that the statutory period should be set aside and the claim against the attorney’s estate permitted. The court has broad equitable powers; in this case, the court noted, “justice and equity require it.” The court further found that there was “no culpable neglect” by the plaintiff in not pursuing its claim sooner.

This case is based on Massachusetts law, but it confirms a similar outcome in a Maine case of many years ago. Analogous cases have appeared throughout the country. Thus, attorneys and their heirs are always at risk when there is a claim of malpractice.

Though gruesome, being buried does not end a lawyer’s professional life-and the trail of his assets are subject to claims many months, if not years, later. Estate planning for and by lawyers must take this situation into account. After all, ignoring the need for estate planning means ignoring the needs of your family after your death.

You spent a lifetime building your practice of law; don’t allow bad estate planning to expose that business to the risk of a malpractice suit when you’re no longer around to defend yourself.

Categorized in: Coaching, Management

Audience type: Small Law Firms, Sole Practitioners