CHAPTER 115
H.P. 260 - L.D. 309
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §753-A, as enacted by PL 1985, c. 804, §§2 and 22, is repealed.
Sec. 2. 14 MRSA §753-B is enacted to read:
§753-B. Actions against attorneys
1. Time when statute starts to run, generally. In actions alleging professional negligence, malpractice or breach of contract for legal service by a licensed attorney, the statute of limitations starts to run from the date of the act or omission giving rise to the injury, not from the discovery of the malpractice, negligence or breach of contract, except as provided in this section or as the statute of limitations may be suspended by other laws.
2. Rendering of title opinion. In an action alleging professional negligence in the rendering of a real estate title opinion, the statute of limitations starts to run on the date the negligence is discovered, but in no event may an action be commenced more than 20 years after the act or omission giving rise to the injury.
3. Drafting of last will and testament. In an action alleging professional negligence in the drafting of a last will and testament that has been offered for probate, the statute of limitations starts to run on the date the negligence is discovered.
Sec. 3. Application. This Act applies to actions brought on or after the effective date of this Act, except that, notwithstanding the Maine Revised Statutes, Title 14, section 753-B, subsection 2, an action relating to a title opinion that was rendered more than 20 years ago may be brought within the earlier of:
1. Two years from the effective date of this Act; and
2. Six years from discovery of the negligence.
Effective September 21, 2001, unless otherwise indicated.
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