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What Is the Statute of Limitations for Legal Malpractice in Massachusetts?

In Massachusetts, the statute of limitations for legal malpractice is generally 3 years under Mass. Gen. Laws c. 260, § 4.

3 YEARS
Legal Malpractice · Massachusetts
✓ Verified Checked Sep 2026

Legal malpractice Deadlines in Massachusetts

How long do you have to file a legal malpractice claim in Massachusetts?

In Massachusetts, the statute of limitations for legal malpractice is generally 3 years under Mass. Gen. Laws c. 260, § 4.

When does the clock start for legal malpractice in Massachusetts?

Three years, and the section says expressly that it applies whether the claim is framed in contract or in tort — which removes the pleading ambiguity that complicates Pennsylvania and Virginia.

Can the Massachusetts deadline for legal malpractice be extended?

The continuous representation doctrine can affect accrual. Unlike the medical provision in the same section, there is no seven-year repose for attorney malpractice.

Is the deadline different if the claim is against the government in Massachusetts?

Often, yes. Presentment within 2 years under Mass. Gen. Laws c. 258, § 4. The Massachusetts Tort Claims Act requires a claim to be presented in writing to the executive officer of the public employer within two years of accrual, and suit to be commenced within three years. The presentment requirement is strictly enforced and must go…

How does Massachusetts compare to other states for legal malpractice?

Massachusetts's 3 years is in the middle of the range nationally. Across the 18 jurisdictions with a verified figure, the deadline for legal malpractice ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →

What Does Legal Malpractice Cover?

Situations that typically fall under the legal malpractice deadline in Massachusetts:

01 Missed filing deadlines by an attorney
02 Conflicts of interest harming a client
03 Negligent advice causing financial loss
04 Failure to file required documents
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Other Filing Deadlines in Massachusetts

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Massachusetts attorney can tell you the deadline that applies to your situation.
See every filing deadline in Massachusetts, or compare legal malpractice across all states.
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