Malpractice ‘Traps’ Example: Appeals to the Appellate Division

Thursday, Feb. 25, 2021
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The Massachusetts Bar Association is in the process of updating its Traps for the Unwary publication, a member-exclusive reference guide last published in 2011 that looks at some of the malpractice hazards for attorneys who practice in a general, civil practice. We invite members to share any “traps” they’ve come across in their practice for possible inclusion in the next edition.

Share your trap suggestion by emailing it to Attorney James E. Harvey of O’Malley and Harvey LLP, who is again serving as editor-in-chief for the project and is working closely with liaisons from several MBA section councils.

To help you identify potential traps, the MBA will periodically publish excerpts from Traps for the Unwary in eJournal. View this week’s trap, plus previously shared examples, below.

TRAPS EXAMPLE: FILING OF TIMELY NOTICE OF APPEAL TO APPELLATE DIVISION OF THE DISTRICT COURT

The period for filing a notice of appeal to the Appellate Division of the District Court is only 10 days after the entry of judgment. Mass. Dist./Mun. Cts. R.A.D.A. 4(a). This short period can surprise lawyers accustomed to the 30-day period provided by Mass. R. A. P. 4 for appeals from the superior court to the appeals court.

VIEW PREVIOUS EXAMPLES