You hire lawyers to help you through both good and difficult times. Whether you are buying your first house or a suspect in a police investigation, lawyers are there to be your guide and defender. But while they may be experts in their given fields, in the end, they are human – and humans can make mistakes. These mistakes can cost you both money, opportunity, and sometimes freedom. When these mistakes amount to negligence, the mistakes become legal malpractice. At this stage, it is important to know you can sue your lawyer for legal malpractice, and you may receive compensation for any damage incurred. Each state has its own laws which govern the rules of legal malpractice.
Pennsylvania Court Shoots Down Continuous Representation Rule
Many issues revolve around when or how long you have to bring a claim against your lawyer for malpractice. Last year, the high court in Pennsylvania rejected a client’s suit against his attorney because the client missed the deadline to file suit. The client retained his attorney in 2008 for services relating to an estate dispute. Because the dispute did not end favorably for him, the client sued his lawyer in 2015 for legal malpractice. However, Pennsylvania law allocates two years for a negligence claim – which includes legal malpractice claims – to be commenced. This is called the statute of limitations. After the two years expires, the claim can no longer be brought. Because the acts that initiated the alleged malpractice dated back to 2009, the claim was too late.
An exception was if the two-year deadline was “tolled” – or paused for some reason. The client argued that the two-year deadline did not start to run until the client terminated his lawyer’s employment. This is called the “continuous representation rule.” Under it, the time window to bring a legal malpractice claim is stopped from running if the lawyer still represents the client. The Pennsylvania Supreme Court rejected the adoption of the rule, stating that the implementation of the continuous representation rule was a decision for the Pennsylvania state legislature, not the courts.
Kentucky Supreme Court Recognizes Continuous Representation Rule
The Supreme Court of Kentucky – on the other hand – has recognized the continuous representation rule since 1994. Under Kentucky law (and most jurisdictions) there are two origins of the actual act of malpractice: the occurrence of the malpractice or its discovery (or what should have reasonably been the discovery). The continuous representation rule is recognized as a branch of the latter. The rationale is that one cannot discover the negligence while the attorney-client relationship is still active. This is because clients rely on their lawyers’ knowledge and experience, and this dependence makes discovery difficult. Further, as a policy, the continuous representation rule allows the lawyer to correct their mistakes. Otherwise, one would have to terminate the relationship right away to preserve the malpractice claim. So, as long as the attorney continues to represent you, the deadline – one year under Kentucky law [Ky. Rev. Stat. § 413.245] – does not start to run.
Kentucky Malpractice Lawyer
The continuous doctrine rule is just one of many that skilled malpractice lawyers know about. This rule is incredibly important because it affects your ability to bring a legal malpractice lawsuit. If you have been wronged by your lawyer, then it may not be too late to bring your legal malpractice claim. William F. McMurry is a distinguished legal malpractice lawyer with decades of experience in helping Kentucky clients obtain recoveries against the lawyers who have failed them. Moreover, Mr. McMurry is Board Certified as a legal malpractice trial specialist in Kentucky by the American Board of Professional Liability Attorneys. For a consultation with William F. McMurry & Associates, call (502) 326-9000 or contact us online.