February 27, 2009
Breach Of Contract Or Malpractice?
We recently discussed a Maryland case finding that a former client, counterclaiming in response to an action for legal fees, properly stated a breach of contract claim based on the representations made in the lawyer's retainer agreement.
The Arkansas Supreme Court affirmed the dismissal on statute of limitations grounds of an action brought after the lawyer allegedly mishandled the appeal of a dismissal in a wrongful death action. The court found that the gist of the action was that the lawyer had failed to act diligently. Thus, the three-year legal malpractice statute applied rather than the five-year statute for breach of contract. As a result, the suit against the lawyer was time-barred. (Mike Frisch)
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