A legal malpractice statute of limitations is a law that establishes a specific amount of time in which a person may file a lawsuit against a lawyer for malpractice. A court will dismiss a legal malpractice lawsuit if the time expires on the statute. The legal malpractice statute of limitations will vary in each jurisdiction. Although a legal malpractice statute of limitations establishes the time to file a lawsuit, the difficulty is determining when the clock on the statute begins. Typically, the time will start when the client learns of the malpractice or when the client should have learned about the malpractice.

Jurisdictions will each have a unique legal malpractice statute of limitations. Some jurisdictions may establish a one-year period, while others have a four-year period to file a case for legal malpractice. The courts in each jurisdiction also will interpret and apply the language of its statute differently. There is not a definite or easy response for determining when a legal malpractice statute of limitations begins. This makes it necessary for a person suspecting legal malpractice to confer with an experienced legal malpractice attorney to assess the case properly.

In addition to a jurisdiction’s specific legal malpractice statute of limitations, another factor that will affect when statute of limitations begins is tolling. Tolling allows the court to stop the clock on a statute of limitations under certain situations. This will affect how long a person has to file a legal malpractice suit. For instance, if a lawyer hides certain facts from a client that prevent a client from learning of the malpractice, then the court will toll the statute. Other situations, such as the lawyer being out of state, will also cause the court to toll a legal malpractice statute of limitations.

Each case will have unique circumstances, which will make it difficult to determine when the legal malpractice statute of limitations begins. This makes it important to consult with an experienced legal malpractice attorney. A legal malpractice attorney also will help to determine whether a person has a valid case, because legal malpractice does not necessarily arise from a lawyer losing a case. A legal malpractice attorney must analyze various factors to calculate properly whether the legal malpractice statute of limitations will prevent a case from proceeding. A lawyer experienced with legal malpractice will know how to protect a client’s case and may initiate a legal action immediately to prevent the statute of limitations from expiring.