In any jurisdiction, a legal malpractice claim generally has the same elements that must be met for a claim to be successful: (1) the existence of an attorney-client relationship; (2) that the attorney’s actions fell below a certain standard of care; and (3) that the attorney’s actions caused the damages the client suffered. Critically, you do not have an eternity to bring the claim against the attorney who wronged you. Each state has its own set deadline for how long before the opportunity to bring a legal malpractice claim expires. This deadline is known as the Statute of Limitations.
New Jersey Court Allows Plaintiff To Pursue Legal Malpractice Case
Last year, a court in New Jersey permitted a plaintiff to proceed with a legal malpractice claim against an attorney for representation dated back 17 years ago in 2003, despite the state’s six-year statute of limitations. Almost two decades! The question concerned when the clock to bring the legal malpractice suit started ticking. In that case, the plaintiff filed for divorce in 2003 and was naturally represented by counsel. She was granted alimony for nine years under the agreed divorce settlement. Her attorney assured her that at the end of nine years if she filed an application for an extension of the alimony, a court would agree to the extension. However, the plaintiff’s application was denied in 2012. In 2016, she filed a legal malpractice suit against the attorney who represented her.
The New Jersey court permitted the plaintiff to pursue her legal malpractice suit. It ruled that she was within her six-year window to sue for legal malpractice. Her clock started ticking not when the advice was given in 2003, but in 2012 when she suffered damage of being denied an extension of the alimony payments. Why? Because the New Jersey Supreme Court held in the past that the clock for legal malpractice cases starts to tick when the attorney’s act of malpractice causes damage to the client. Here, the client suffered damage not when the advice of asking for an alimony extension was given in 2003, but when she was denied that alimony extension in 2012. And when she sued in 2016, she was well within her six-year window to bring her claim of legal malpractice.
Kentucky’s Stance
Kentucky follows the same rule. The clock starts running when the client knows or should have known that the attorney negligently in the handling of the case and the client has incurred financial loss due to the attorney’s negligence. Kentucky has recognized that mere breach of professional duty by the attorney does not give rise to a malpractice claim. First, there must be some awareness on the client’s part that what the attorney did or did not do was a departure from the standard of care (negligence). Often, the client is not aware that what the attorney did or failed to do was malpractice, but when another attorney so advises you have one year in Kentucky to bring your lawsuit against the attorney. In addition, concrete damage caused by the attorney’s negligent action or inaction must have occurred before the statute of limitations begins to run. Thus, under Kentucky law, the one-year window to bring a legal malpractice claim, also known as the statute of limitations, does not start running until the client has incurred some kind of actual damage and the client knew or should have known of the negligence of the attorney.
So, if you have suffered damage by your attorney’s negligence, it is important to seek legal advice right away – even if it was more than one year ago, because the statute of limitations may not have run.
Legal Malpractice Lawyer In Kentucky
You do not want to wait too long to bring your Kentucky legal malpractice lawsuit. If you have been mistreated by your lawyer, and that caused you to incur a loss or injury of some sort, then you should promptly contact a legal malpractice attorney who can help you figure out your options and can chart the best path forward for you. William F. McMurry & Associates is dedicated to helping legal malpractice victims recover compensation against their deficient lawyers. William F. McMurry is not ONLY Board Certified as a legal malpractice trial specialist by the American Board of Professional Liability Attorneys in Kentucky, with extensive experience fighting for clients’ rights in legal malpractice cases. Get in touch with William F. McMurry & Associates by calling (502) 326-9000 or by contacting us online.