Legal Malpractice Basics

Legal Malpractice claims accrue at the time a mistake is made.  The Statute of limitations  in legal malpractice, three years, is a difficult and high barrier to overcome.  Continuous representation may toll the running of the statute, but social policy has set a number of elements required for continuous representation to be permitted.  Stein Indus.,

What is discoverable and what is not discoverable in a professional negligence setting influences the viability of the claims.  Attorney-Client privilege, work-product privilege and burdensomeness are all considerations in whether the material is discoverable.  Judge Shulman gives a cogent explanation of the competing arguments in American Med. Alert Corp. v Evanston Ins. Co.
2018 NY