November 20, 2009
Too Late To Sue The Lawyer
The Arkansas Supreme Court affirmed a circuit court order dismissing a legal malpractice suit on statute of limitations grounds. The client retained the lawyer to advise her concerning a prenuptial agreement, which she executed on May 16, 2003. The litigation that led to her June 2007 divorce, the prenup was determined to the valid and enforceable. She filed suit on May 15, 2008 and contended that the five year statute of limitations for contract claims applied rather than the three-year limitation for malpractice.
The court concluded that the claims sounded in malpractice and that the shorter limitations period applied. (Mike Frisch)
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