News & Analysis as of

Negligence Attorney Malpractice Statute of Limitations

Marshall Dennehey

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

Marshall Dennehey on

Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more

Clark Hill PLC

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

Clark Hill PLC on

As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Hinshaw & Culbertson - Lawyers for the...

Continuous Representation Rule Does Not Apply to Legal Malpractice Actions Says Georgia Appeals Court

Brief Summary - The Georgia Court of Appeals held that the continuous representation rule does not apply to legal malpractice actions. Thus, plaintiff's claims against his attorneys based on their alleged negligence in...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Refines Actual Innocence Rule in Claims Against Criminal Defense Counsel

A Wisconsin appellate court held that to pursue a legal malpractice claim against a criminal defense attorney, the former client only has to show actual innocence to some, not all, of the charges for which he or she was...more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Supreme Court Finds No Exceptions to Actual Innocence Rule

Skindzelewski v. Smith, 2020 WI 57 (June 18, 2020) - Brief Summary - A Wisconsin plaintiff's legal malpractice action against his former criminal defense attorney was shot down by the Wisconsin Supreme Court because he...more

Hinshaw & Culbertson LLP

Attorney's Discharge Before Statute of Limitations Expired Severed Any Causal Connection in Malpractice Claim

Bush v. Eichholz et al., A19A1388 (Ga. Ct. App. Aug. 16, 2019) - Brief Summary - A personal injury client brought suit against its former law firm for legal malpractice. Because the client terminated the representation...more

Rumberger | Kirk

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

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The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

Hinshaw & Culbertson LLP

Illinois Claim for Aiding and Abetting Client's Breach of Fiduciary Duty Time-Barred

Brief Summary - The plaintiff, a shareholder of limited liability company (LLC), filed an action against a law firm and one of its lawyers, alleging they aided and abetted other shareholders in breaching their fiduciary...more

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