The right to sue ones lawyer can end after a period of time, called the statute of limitations.  The statute does not start to run until there has been a "mistake" by the attorney, but that time can be tolled by the continuous representation doctrine.  When the attorney-client relationship ends is the subject of endless litigation.

One way to end the attorney-client relationship is to act in a manner incompatible with a relationship of trust and confidence.  That’s what happened in Aseel v Jonathan E. Kroll & Assoc., PLLC   2013 NY Slip Op 03806   Decided on May 29, 2013   Appellate Division, Second Department.
 

"The statute of limitations for legal malpractice is three years (see CPLR 214[6]). The limitations period may be 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’" (Zorn v Gilbert, 8 NY3d 933, 934, quoting McCoy v Feinman, 99 NY2d 295, 306). "For the doctrine to apply, there must be clear indicia of an ongoing, continuous, developing, [*2]and dependent relationship between the client and the attorney’" (Piliero v Adler & Stavros, 282 AD2d 511, 512, quoting Luk Lamellen U. Kupplungbau GmbH v Lerner, 166 AD2d 505, 506). "One of the predicates for the application of the doctrine is continuing trust and confidence in the relationship between the parties" (Luk Lamellen U. Kupplungbau GmbH v Lerner, 166 AD2d at 507; see Coyne v Bersani, 61 NY2d 939; Piliero v Adler & Stavros, 282 AD2d at 512).

Here, contrary to the plaintiff’s sole contention on the issue of timeliness, the Supreme Court did not err in concluding that the relationship necessary to invoke the continuous representation rule ceased to exist by November 5, 2007, when the plaintiff surreptitiously removed his file from the defendants’ office. By so removing the file, the plaintiff evinced his lack of trust and confidence in the parties’ relationship, and his intention to discharge the defendants as his attorneys (see generally Fleyshman v Suckle & Schlesinger, PLLC, 91 AD3d 591, 592; cf. Piliero v Adler & Stavros, 282 AD2d at 512). Accordingly, because, contrary to the plaintiff’s contention, the relationship necessary to invoke the continuous representation doctrine terminated more than three years prior to the commencement of this action, the Supreme Court properly granted that branch of the defendants’ motion which was pursuant to CPLR 3211(a) to dismiss so much of the complaint as alleged legal malpractice against the defendants Kroll, Moss and Kroll, LLP, Martin N. Kroll, and Jonathon E. Kroll (see Fleyshman v Suckle & Schlesinger, PLLC, 91 AD3d at 592; Rupolo v Fish, 87 AD3d 684; Piliero v Adler & Stavros, 282 AD2d at 512). Accordingly, because, contrary to the plaintiff’s contention, the relationship necessary to invoke the continuous representation doctrine terminated more than three years prior to the commencement of this action, the Supreme Court properly granted that branch of the defendants’ motion which was pursuant to CPLR 3211(a) to dismiss so much of the complaint as alleged legal malpractice against the defendants Kroll, Moss and Kroll, LLP, Martin N. Kroll, and Jonathon E. Kroll (see Fleyshman v Suckle & Schlesinger, PLLC, 91 AD3d at 592; Rupolo v Fish, 87 AD3d 684; Piliero v Adler & Stavros, 282 AD2d at 512). "

 

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.