Practice point: The limitations period is tolled by the continuous representation doctrine where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim. To invoke the doctrine, there must be clear indicators of an ongoing, continuous, developing, and dependent relationship between the client and the attorney. One predicate is evidence of continuing trust and confidence in the relationship. Here, the Supreme Court properly concluded that the necessary relationship ceased to exist when the plaintiff surreptitiously removed his file from the defendants' office.
Student note: The statute of limitations for legal malpractice is three years, pursuant to CPLR 214(6).
Case: Aseel v. Jonathan E. Kroll & Assoc., PLLC, NY Slip Op 03806 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Contempt.
