Traditionally, legal malpractice actions contain counts in professional negligence, breach of fiduciary duty, breach of contract, and perhaps fraud. Of those causes, though, only breach of contract gives rise to the four-year statute of limitations in legal malpractice actions. An agreement for the rendering of services is specific to all professional liability matters and attorney-client representations are no exception.
In the 2002 state Superior Court case Gorski v. Smith , the court clearly delineated breach of contract as derivative of an attorney-client relationship.
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