Continuing Representation Doctrine Does Not Toll the Statute of Limitations in a Legal Malpractice Claim, Rules of NH Superior Court

In Copeland v. McKittrick Law Offices, decided April 30, 2013, a New Hampshire Superior Court judge dismissed claims against an attorney as barred by the statute of limitations, rejecting the Plaintiff’s argument the continuing representation doctrine applied.
 
The underlying case involved the attorney’s representation of a state employee injured in a motor vehicle accident during the course of his employment.  At issue was the attorney’s alleged failure to properly advise his client regarding obtaining a waiver of the State’s workers’ compensation lien, which totaled $127,000, prior to settling the third party action.  Efforts to obtain a lien waiver after the settlement were unsuccessful and the client sued.

The New Hampshire Superior Court judge granted a motion to dismiss for failure to bring the claim within the three-year statute of limitations.  The Court held the harm arose, at the latest, when the Plaintiff signed the underlying settlement agreement, not when the lien waiver claim ultimately was rejected.  The Court also rejected the Plaintiff’s argument that the continuing representation doctrine should toll the statute of limitations.  Although the attorney’s representation continued after the settlement, the Court found the Plaintiff could not prove reasonable “innocent reliance” where the record demonstrated the Plaintiff was told by others the lien waiver should have been sought prior to settlement and he testified at his deposition that he questioned the attorney’s approach at the time the matter was settled.

For information on professional liability legal issues, contact Attorney Bill Saturley at 603.410.1500, or learn more at Preti Flaherty’s Professional Services Practice Group page.

Contractor and Designer Tips to Improve Chances of Getting Paid

Engineering News Record (ENR) recently featured an article in its Viewpoint section authored by Preti Flaherty attorney Kenneth E. Rubinstein and Shawmut Design & Construction Chief Legal Officer, Doug Lareau focusing on strategies that contractors and designers can use to improve their chances of getting paid.  A copy of this article can be found here.