May 15, 2026

Legal malpractice

The statute of limitations for a cause of action to recover damages for legal malpractice is three years, which accrues at the time the malpractice is committed, not when the client discovers it. However, causes of action alleging legal malpractice which would otherwise be barred by the statute of limitations are timely if the doctrine of continuous representation applies. For the continuous representation doctrine to apply, there must be clear indicia of an ongoing, continuous, developing, and dependant relationship between the client and the attorney, which often includes an attempt by the attorney to rectify an alleged act of malpractice.

Chester v. List, NY Slip Op 02962 (2d Dep't May 13, 2026)

Here is the decision.