Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Tag Archives: Statute of Limitations

Texas | Implied Relationship | Lawyer Malpractice | Privity |Contract Breach|

Posted in Discovery Rule, Privity, Texas
Sotelo v. Stewart, 281 S.W.3d. 76 (Tex App. 2008) TX: Underlying Contract law Student contributor: David Yanoff Facts:  Defendant had represented plaintiff’s husband in a breach of contract action. The husband had signed a contract to purchase real property in 1991, to which plaintiff was not a party. When he defaulted, a judgment of $82,000… Continue Reading


Posted in Connecticut
Bagoly v. Riccio, 102 Conn. App. 792, 927 A.2d 950 (2007) CT: Underlying post marital dissolution matter Student Contributor: Nicholas Kingsbury Facts: The former client was dissatisfied with the result of his marital dissolution agreement, and had an attorney file a motion to clarify and modify the agreement. The attorney negotiated with the other side… Continue Reading

NY: Statute of Limitations Retroactive Application

Posted in New York
Berman v. Cullen & Dykman et al., 291 A.D.2d 518, 739 N.Y.S.2d 169 (2002) NY: underlying commercial transaction, security interest, financing statement Student Contributor: Alexis Trezza Facts: Defendants represented plaintiffs in the sale of their business. In connection with same, defendants filed a financing statement in order to perfect plaintiff’s security interest in the purchaser’s… Continue Reading

NC: Employer Can Not Touch Worker’s Award Money from Legal Malpractice Lawsuit

Posted in North Carolina, Statute of Limitations
Grant Construction Co. v. McRae, 146 N.C. App. 370, 553 S.E.2d 89 (2001) NC: Underlying personal injury matter Student Contributor: Nick Kingsbury Facts: Grant Construction’s worker was hurt on the job after a subcontractor left a dangerous condition on the site. The worker hired an attorney to represent him in his Workers Compensation case and… Continue Reading


Posted in Damages, New Jersey, Pennsylvania
Professional Malpractice: Recovering Damages in Legal Malpractice Cases: An Update on What Type of Award, and How Much a Client Can Expect (New Jersey Law Journal, January 21, 2013).    In the quickly evolving field of lawyer malpractice, one area that seems to get less attention than others is compensable damages. The question is: What… Continue Reading

CA: Statute of Limitations tolled until client discovers or should discover cause of action for attorney malpractice

Posted in California, Discovery Rule
Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal. 3d 176, 491 P.2d 421 (1971) CA: Tort Law Student Contributor: Louis Dell Facts: Plaintiffs hired an attorney to represent their wrongful death action against San Bernardino County. The attorney, without informing the plaintiffs, associated as counsel another law firm. Neither the original or new… Continue Reading

MI: Attorney’s Attempts to Help Former Client Do Not Reset Statute of Limitations Clock That Started Ticking When the Representation Ended

Posted in Michigan
Bauer v Ferriby & Houston, P.C., 235 Mich App 536, 599 NW2d 493 (Mich Ct App 1999) MI: Labor law; workers compensation settlement; Social Security disability Student Contributor: Tolu Akinsanya Facts: Defendant represented the plaintiff in an underlying worker’s compensation case. The defendant settled the worker’s compensation claim for $85,000, and an order to that… Continue Reading

NY: Continuous representation may trump three-year statute of limitations

Posted in Cases & Materials, Labor & Employent, Litigation, New York, Statute of Limitations
Aaron v. Roemer, Wallens & Mineaux, LLP, et al., Defendants, and Zahnleuter, 272 A.D.2d 752, 707 N.Y.S.2d 711 (2000) NY: underlying employment discrimination action Student Contributor: Alexis Trezza Facts: Plaintiff Steven L. Aaron was the defendant in two consolidated Federal sexual harassment suits. Defendant law firm Roemer, Wallens & Mineaux, or RWM (with defendant Richard… Continue Reading

IL: Statue of Repose trumps Statute of Limitations

Posted in Illinois
Snyder v. Heidelberger, 953 N.E.2d 415 (Ill. 2011) IL: Statute of limitations, statute of repose, malpractice, injury Student Contributor: Rachel Vincent Facts: Plaintiff Judith Snyder brought legal malpractice action against attorney Elliot Heidelberger. According to plaintiff, on May 23, 1997, attorney negligently prepared a quitclaim deed that failed to convey the marital home of plaintiff… Continue Reading

GA: To Extend Statute of Limitations, Alleged Fraud Must Include an Aspect of Moral Turpitude

Posted in Georgia, Real Estate, Statute of Limitations
Kilby v. Shepherd, 339 S.E.2d 742 (Ga. App. 1986) GA: Underlying matter: Real Estate; Fraud Student Contributor: Paul Barnhill FACTS: Client hired attorney in connection with several deeds to real property her late husband had previously conveyed to his sister, claiming fraud and incompetency regarding the conveyance on March 20, 1975. Client did not specify… Continue Reading

FL: Defendant Can Raise Affirmative Defense SOL in Answer in Complaint Does Not Show the Cause is Time Barred

Posted in Discovery Rule, Florida
Jelenc v. Draper, 678 So.2d 917 (Fla. App. 1996) Student Contributor: Ross Eisenberg FL: Underlying Personal Injury Facts: Plaintiffs retained the Defendant law firm for a personal injury action. The partner gave the case to his associate to handle. The associate misrepresented to the Plaintiff that he had commenced legal proceedings. Plaintiff made phone calls… Continue Reading

NJ: Criminal Defense Malpractice

Posted in Criminal Law, New Jersey, Statute of Limitations
McGrogan v. Till, 167 N.J. 414, 771 A.2d 1187 (2001) NJ: Underlying criminal investigation Student Contributor: Jennifer Hanley Facts: The client hired the lawyer to represent him in connection with a criminal investigation. The client subsequently files a legal malpractice claim against the lawyer, for his representation during that investigation. When the client brought that… Continue Reading

NY: Procedural Defect Yields Failure to Timely Commence an Action

Posted in New York, Proximate Cause, Statute of Limitations, Torts/Personal Injury
Wilk v. Lewis & Lewis, P.C., 75 A.D.3d 1063 (4th Dep’t 2010) NY: Underlying personal injury action Student Contributor: Zahava Schwartz Facts: The plaintiff was injured while repairing railroad cars. He hired defendant lawyers to handle this case against his employer. His lawyers did not commence the suit on time and he was time barred… Continue Reading

NY: Defining Continuous Representation to Toll the SOL

Posted in Commercial, Corporate Law, New York, Statute of Limitations
R. Brooks Assoc., Inc. v Harter Secrest & Emery LLP ; 2012 NY Slip Op 00602 ; Decided on January 31, 2012 ; Appellate Division, NY: Underlying corporate and commercial transaction Student Contributor: Audrey Mars Facts: Plaintiff retained Defendant law firm to: (1) create a new corporation comprised of the assets of a financially failing… Continue Reading

NY: Continuous Representation Tolls Statute of Limitations Against Predecessor Law Firm

Posted in Intellectual Property, Litigation, New York, Statute of Limitations
New Kayak Pool Corp, v. Kavinoky Cook LLP, 74 A.D.3d 1852, 902 N.Y.S.2d 497 (App.Div 4th Dpt. 2010) NY: Underlying Trademark Infringement Student Contributor: Richard Sadowski Facts: Plaintiff brought action for legal malpractice alleging that the defendant failed to ascertain the existence of insurance coverage in the plaintiff’s underlying trademark infringement action. The attorney, then… Continue Reading

NJ: The Discovery Rule effect on the Statute of Limitations

Posted in Family Law, New Jersey, Statute of Limitations
Aykan v. Goldzweig, 238 N.J. Super. 389, 569 A.2d 905 (N.J. Super. L. 1989). NJ: Underlying matrimonial action Student Contributor: Laura Binski Facts: The client hired the lawyer to represent her in a matrimonial action, specifically a property distribution agreement and divorce by reason of extreme cruelty and battery. Two weeks after the property settlement… Continue Reading

PA: Legal Malpractice Claim Sounds in Tort, Not Contract

Posted in Federal, Pennsylvania, Statute of Limitations
Knopick v. Connelly, U.S.D.C., M.D. Pa., January 25, 2010. Facts: Knopick retained the services of the Defendant attorney in or about March 2007 order to pursue a claim for legal malpractice against his former attorneys in a divorce proceeding.  The Defendant attorney, however, refused to pursue the action and advised that Knopick statute of limitations… Continue Reading

IN: Fraudulent concealment does not stop the clock on statute of limitations

Posted in Commercial, Conflicts of Interest, Indiana, Statute of Limitations
Keesling v. Baker & Daniels, 571 N.E.2d 562 (Ind. Ct. App. 1991) IN: Underlying bankruptcy action Student Contributor: Jeff Cain Facts: Lawyers represented clients in a Chapter 11 bankruptcy case. When the lawyers discovered that they may have a conflict of interest with one of their creditors, they had the clients hire other lawyers to… Continue Reading

CT: Client Cannot Seek to Avoid Statute of Limitations by Bringing Her Claim Under Contract Law

Posted in Connecticut, Real Estate, Statute of Limitations
Pelletier v. Galske, 105 Conn. App. 77, 936 A.2d 689 (Conn. App. 2007). CT: Underlying real estate matter Student Contributor: Laura Binski Facts: The client hired the lawyer in 2001 to help her with her purchase of a condominium. In 2006, the client brought a legal malpractice claim against the lawyer. The client claims that… Continue Reading

IN: No “Accidental” Client-Lawyer Relationships

Posted in Indiana, Prospective Clients, Statute of Limitations, Torts/Personal Injury
Douglas v. Monroe, 743 N.E.2d 1181 (Ind. Ct. App. 2001) IN: Underlying wrongful death claim Student Contributor: Jeff Cain Facts: A college freshman drowns in his school’s pool. His mother is too distraught to seek counsel, but his older brother, who is a bank security guard, sees a lawyer in the lobby of the bank.… Continue Reading

WV: Action in Tort Independent from Action in Contract

Posted in Litigation, Statute of Limitations, Torts/Personal Injury, West Virginia
Harrison v. Casto, 165 W.Va. 787, 271 S.E.2d 774 (W.Va. 1980) WV: Underlying  personal injury and legal malpractice actions Student: Karen Dindayal Facts: Plaintiff, Paul H. Harrison hired attorney Don Kingery (#1) to file a personal injury action against Piedmont Airlines for injuries allegedly suffered while a passenger on a Piedmont plane. King failed to… Continue Reading

FL: Examining the Statute of Limitations

Posted in Florida, Statute of Limitations
McLeod v. Bankier, Fla. Dist. Ct. of App., 4th Dist., 2011 Facts: McLeod hired Attorney Tew to file a claim against Fidelity for allegedly executing a wrong margin call which led to the liquidation of his account. The case settled and McLeod signed a release in favor of Fidelity. His account balance, however, was never… Continue Reading