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Vinci v. Byers

11/21/2005

imitations.


Vinci, however, urges us to apply the continuing representation doctrine to his case. He claims that the statute of limitations began to run -- at the earliest -- on May 4, 1999, when the Probate and Family Court approved the separation agreement. In order for the continuing representation doctrine to apply, Vinci would have had to innocently rely on Byers's advice and cannot have known that he "suffered appreciable harm as a result of his attorney's conduct." Lyons, 436 Mass. at 250. Simply, as an attorney, Vinci should have known, among other things, that Byers's alleged advice to submit false financial statements and commit fraud on the tribunal was both wrong and harmful to him. The continuing representation doctrine does not apply here.


Summary judgment correctly entered.


Judgment affirmed.






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