Robinson Donovan, P.C., successfully defended an attorney in a legal malpractice matter filed in Worcester Superior Court. The claim, brought by the attorney’s former client, alleged that the attorney failed to identify assets that should have been included in his mother’s estate.
While other parties answered the complaint, Robinson Donovan immediately moved to dismiss on behalf of their client-attorney. In so doing, Robinson Donovan argued that the plaintiff’s claims, which arose out of the attorney’s representation of the plaintiff prior to 2010, were time-barred and could not be tolled pursuant to the continuing representation doctrine. Robinson Donovan also argued that the Court could take judicial notice of the documents filed in the underlying Probate matter, and that these documents showed that a thorough investigation of the estate’s assets had been performed and also found no additional assets. As such, the plaintiff could not prove, as a matter of law, that the attorney breached any duty to the plaintiff.
Citing to the reasons set forth by Robinson Donovan on behalf the attorney, the Court agreed with the firm’s argument and dismissed the claim pursuant to Rule 12(b)(6) of the Massachusetts Rules of Civil Procedure.
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