The statute of limitations for a legal malpractice action arising from negligence is two years. For a breach of contract, it’s four years. If the action arises from negligence, a legal malpractice plaintiff (former client) may recover tort damages. If it arises from breach of contract, however, the plaintiff can recover consequential damages.
If the legal practice arises from an underlying civil representation, the consequential damages arising from breach of contract are identical to the tort damages arising from negligence. If arising from an underlying criminal representation, the consequential damages are merely attorney fees paid.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
