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Statute of Limitations in Legal Malpractice Claims – Continuous Relationship versus Continuous Representation

On April 1, 2022 by Schnader

Jonathan B. Skowron published an article, “Statute of Limitations in Legal Malpractice Claims – Continuous Relationship versus Continuous Representation,” in Professional Liability Defense Quarterly, the official publication of the Professional Liability Defense Federation (PLDF).

One of the most effective defenses to professional malpractice cases is the expiration of the statute of limitations. Plaintiffs often try to get around this defense by claiming continuous representation. The recent Second Department case Goodman v. Weiss, Zarett, Brofman, Sonnenklar & Levy, P.C., 2021 N.Y. Slip Op. 05957 (November 3, 2021) demonstrates that simply having a continuous relationship with an attorney does not toll the statute of limitations. The continuous representation doctrine is “limited to the course of representation concerning a specific legal matter.”

Click here to download the full article. PLDF publications are online here.  

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