Every lawyer should know the law of limitations applicable to legal malpractice claims—not because every lawyer is likely to commit malpractice, but because each of us someday may be the second lawyer on a file and see something that we suspect violates the standard of care. Letting limitations expire on the legal malpractice claim against the first lawyer while the file sits on our desk means an unhappy client will substitute our name for the first lawyer’s when the client files the malpractice case.
Texas has adopted a two-tiered approach to calculating limitations on legal malpractice cases. For malpractice committed in the prosecution or the defense of a claim that results in litigation (what I call “trial law malpractice”), limitations begin with a final, nonappealable judgment.
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