Statute of Limitations In Legal Malpractice Claims

In New York, the statute of limitations for legal malpractice cases is three years. In general, a client has three years from the date the legal malpractice occurred to file a lawsuit against the lawyer.

The calculation of the statute of limitations is often much more complicated than simply adding three years to the date the malpractice occurred. For example, in many cases, the attorney continues to represent the client long after the malpractice occurs. In some cases, the attorney conceals the malpractice from the client. Often, the client will not learn of the malpractice until long after three years has elapsed. The law provides for additional time in some of these circumstances.

For example, under the doctrine of "continuous representation," if the attorney continues to represent the client in the same matter after the initial act of legal malpractice, the statute of limitations doesn't begin to run until the attorney stops representing the client in that matter. We have successfully invoked this doctrine in a number of cases on behalf of our clients.

The question of whether the statute of limitations has expired is a complicated one. In many cases, it may seem like it is too late to bring a claim against an attorney but there may well be time left to file a case. It is very important to consult an attorney experienced in legal malpractice litigation in order to determine whether or not the statute of limitations has expired.

To schedule an appointment to learn more about whether or not the statute of limitations has expired in regard to your potential case, contact the legal malpractice attorneys at the law office of Schwartz, Ponterio & Levenson, PLLC, today.

What Constitutes Legal Malpractice?

Legal malpractice can occur in real estate transactions, personal injury cases and family law matters. In general, however, the following constitutes grounds for seeking damages in cases of legal malpractice on the part of your attorney:

  • Failure to meet important filing deadlines
  • Failure to conduct due diligence in reviewing contracts
  • Failure to conduct an adequate investigation into facts
  • Violations of professional standards of conduct
  • Ethical violations
  • Violation of fiduciary duties
  • Failure to gather evidence and eyewitness testimony

Contact Us Today

If you've suffered financial harm due to legal malpractice on the part of your attorney, contact Schwartz, Ponterio & Levenson, PLLC, at 212-714-1200. We can evaluate your case and determine whether the statute of limitations has expired and what needs to be done to begin preparing your case.