Attorneys - Fee - Limitations.

Byline: Mass. Lawyers Weekly Staff

Where a plaintiff law firm brought a contract action to collect an outstanding legal fee from a former client, the plaintiff's claim for fees was time-barred by the statute of limitations applicable to contract actions set forth in G.L.c. 260, 2.

Summary judgment for defendants affirmed.

"This is a contract action by a law firm to collect an outstanding legal fee from a former client. The plaintiff, Frederic N. Halstrom, as assignee of Halstrom Law Offices, P.C. (HLO), brought this action for legal fees against Michael J. Grace, a former HLO employee, and Marilyn P. Dube, as representative of the estate of David O. Hicks, a former HLO client, for the payment of certain legal fees allegedly owed by Hicks to HLO under a contingent fee agreement.

" Viewing the record in the light most favorable to Halstrom, we conclude that the motion judge properly entered judgment in favor of the defendants because Halstrom's action was barred by the statute of limitations applicable to contract actions set forth in G.L.c. 260, 2 (contract actions shall be commenced 'only within six years next after the cause of action accrues').

" HLO's cause of action against Hicks for legal services accrued no later than July 1, 2010, the date that HLO was notified that Hicks had elected to terminate HLO's services.

"We are not persuaded by Halstrom's argument that the statute of limitations began to run either on July 6, 2015, when Grace ignored HLO's final request for a statement of hours, or on November 13, 2012, when Hicks, Grace, and [Denner Pellegrino, LLP] settled the underlying medical malpractice action, received the settlement check, and failed to pay HLO its outstanding legal fees.

"As to the first argument, Grace's refusal to cooperate with HLO has no bearing on when HLO's cause of action for legal fees against Hicks accrued. Grace was not a party to HLO's contingent fee agreement with Hicks, and despite Halstrom's protestations to the contrary, Grace's cooperation was not required for Halstrom to initiate an action against Hicks within the applicable statute of limitations. As the motion judge pointed out, Mass. R. Civ. P. 11 (a), as amended, 456 Mass. 1401 (2010), does not require that Halstrom have an exact damages figure before filing suit to recover on the fee agreement, only that 'to the best of his knowledge, information, and belief...