The term “statute of limitations” refers to the period of time in which a plaintiff may bring a lawsuit against a defendant for a claim. Different types of cases are governed by different statute of limitations period (for instance, six years for contract actions in New York, three years for tort actions in New York). The effect of the statute of limitations is that a plaintiff bringing a lawsuit after that period of time has expired is barred from bringing it, and the lawsuit will be dismissed as untimely.
In New York, the statute of limitations for legal malpractice cases is three years from the date of malpractice. This means that a plaintiff-client bringing a lawsuit for legal malpractice against a defendant-attorney must file the lawsuit within three years of the date of legal malpractice by the defendant-attorney; if not, then the lawsuit may be dismissed as untimely. There are some “tolls” of the statute of limitations, which may extend the period of time in which a lawsuit may be filed (e.g. continued representation of the client by the attorney post-malpractice).
In a case decided by New York’s Appellate Division, Second Department, Frost Line Refrigeration, Inc. v. Gastwirth, Mirsky & Stein LLP, 806 NYS2d 436 (2006), the court held that the three-year statute of limitations period for the legal malpractice case started running from the date that the plaintiff-client signed a Consent to Change Attorney form with the defendant-client. By signing that form (which indicates that a client no longer wants the attorney to act as its counsel), the attorney-client relationship terminated and the clock began ticking on the potential legal malpractice claim. As the lawsuit was filed after the three-year period, the plaintiff-client was time-barred from commencing the legal malpractice case and it was dismissed.
Therefore, it is very important to be vigilant in pursuing all potential legal remedies as soon as possible in order to preserve any rights, including the right to file a legal malpractice case; otherwise, it may be too late to file a legal malpractice case.
The Harsh Rule of the Statute of Limitations in Legal Malpractice Cases by Richard A. Klass, Esq. is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. For permissions beyond the scope of this license, please contact Mr. Klass (email: RichKlass@CourtStreetLaw.com). Insert the words "reprint permission request" in the subject line of the email.
Article Title:The Harsh Rule of the Statute of Limitations in Legal Malpractice Cases
Article URL:http://courtstreetlaw.com/articles/legal-malpractice-articles/statute-of-limitations-legal-malpractice.html
Author Name:Richard A. Klass, Esq.
Contact Email Address:RichKlass@CourtStreetLaw.com
Author's Firm's Website:www.CourtStreetLaw.com
Word Count:341 words
Richard A. Klass, Esq. maintains a law firm engaged in civil litigation at 16 Court Street, 29th Floor, Brooklyn Heights, New York. He may be reached by phone at (718) COURT-ST [(718) 268-7878)] or RichKlass@courtstreetlaw.com with any questions. Prior results do not guarantee a similar outcome.
Read the original article in context at:
http://courtstreetlaw.com/articles/legal-malpractice-articles/statute-of-limitations-legal-malpractice.html
Additional articles by Mr. Klass may be found at: http://courtstreetlaw.com/articles/index.html.
Back issues from Mr. Klass' quarterly newsletter, Law CURRENTS are available at http://courtstreetlaw.com/newsletters/index.html.
Articles from Law CURRENTS may be available for reprint. Please see individual articles for license information.
Contact me if you have questions.
Sincerely yours,
Richard A. Klass, Esq.
Your Court Street Lawyer
-----------
copyr. 2011 Richard A. Klass, Esq.
The firm's website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 29th Floor, Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-mail to richklass@courtstreetlaw.com with any questions.
Prior results do not guarantee a similar outcome.
In New York, the statute of limitations for legal malpractice cases is three years from the date of malpractice. This means that a plaintiff-client bringing a lawsuit for legal malpractice against a defendant-attorney must file the lawsuit within three years of the date of legal malpractice by the defendant-attorney; if not, then the lawsuit may be dismissed as untimely. There are some “tolls” of the statute of limitations, which may extend the period of time in which a lawsuit may be filed (e.g. continued representation of the client by the attorney post-malpractice).
In a case decided by New York’s Appellate Division, Second Department, Frost Line Refrigeration, Inc. v. Gastwirth, Mirsky & Stein LLP, 806 NYS2d 436 (2006), the court held that the three-year statute of limitations period for the legal malpractice case started running from the date that the plaintiff-client signed a Consent to Change Attorney form with the defendant-client. By signing that form (which indicates that a client no longer wants the attorney to act as its counsel), the attorney-client relationship terminated and the clock began ticking on the potential legal malpractice claim. As the lawsuit was filed after the three-year period, the plaintiff-client was time-barred from commencing the legal malpractice case and it was dismissed.
Therefore, it is very important to be vigilant in pursuing all potential legal remedies as soon as possible in order to preserve any rights, including the right to file a legal malpractice case; otherwise, it may be too late to file a legal malpractice case.
Copyright 2006 and 2011
Richard A. Klass, Esq.
Richard A. Klass, Esq.
License Information
The Harsh Rule of the Statute of Limitations in Legal Malpractice Cases by Richard A. Klass, Esq. is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. For permissions beyond the scope of this license, please contact Mr. Klass (email: RichKlass@CourtStreetLaw.com). Insert the words "reprint permission request" in the subject line of the email.
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Permission is granted to publish this article electronically in free-only publications, like a website or ezine (print and non-free publications require permission) as long as the resource box is included without any modifications. All links must be active. A courtesy copy is requested on publication (email: RichKlass@CourtStreetLaw.com).Article Title:The Harsh Rule of the Statute of Limitations in Legal Malpractice Cases
Article URL:http://courtstreetlaw.com/articles/legal-malpractice-articles/statute-of-limitations-legal-malpractice.html
Author Name:Richard A. Klass, Esq.
Contact Email Address:RichKlass@CourtStreetLaw.com
Author's Firm's Website:www.CourtStreetLaw.com
Word Count:341 words
[This resource box must be included in any publications.]
* * *
Resource Box
About the Author:Richard A. Klass, Esq. maintains a law firm engaged in civil litigation at 16 Court Street, 29th Floor, Brooklyn Heights, New York. He may be reached by phone at (718) COURT-ST [(718) 268-7878)] or RichKlass@courtstreetlaw.com with any questions. Prior results do not guarantee a similar outcome.
Read the original article in context at:
http://courtstreetlaw.com/articles/legal-malpractice-articles/statute-of-limitations-legal-malpractice.html
Additional articles by Mr. Klass may be found at: http://courtstreetlaw.com/articles/index.html.
Back issues from Mr. Klass' quarterly newsletter, Law CURRENTS are available at http://courtstreetlaw.com/newsletters/index.html.
Articles from Law CURRENTS may be available for reprint. Please see individual articles for license information.
* * *
Contact me if you have questions.
Sincerely yours,
Richard A. Klass, Esq.
Your Court Street Lawyer
-----------
copyr. 2011 Richard A. Klass, Esq.
The firm's website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 29th Floor, Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-mail to richklass@courtstreetlaw.com with any questions.
Prior results do not guarantee a similar outcome.
