The continuous-representation doctrine is a principle that states that if a lawyer commits an error while representing a client, the statute of limitations for the client to bring a malpractice lawsuit against the lawyer is suspended as long as the lawyer is actively involved in the case. Consequently, this grants the client additional time to initiate legal proceedings if the lawyer is still assisting them with their legal issue.
The continuous-representation doctrine is a legal principle that states that the time limit for filing a legal-malpractice lawsuit is put on hold as long as the lawyer remains the client’s representative in the matter related to the alleged negligence. For instance, if a lawyer fails to file a lawsuit on behalf of their client before the statute of limitations expires but continues to represent the client in the same matter, the client may still have the option to file a legal-malpractice lawsuit against the lawyer. This is because the statute of limitations is paused while the lawyer continues to represent the client. Another scenario could involve a lawyer who fails to provide proper advice to their client regarding a legal matter but continues to represent the client in the same matter. In such a case, the client may still be able to file a legal-malpractice lawsuit against the lawyer, as long as the lawyer continues to represent them. The continuous-representation doctrine aims to safeguard clients from being unjustly prevented from seeking legal recourse due to a lawyer’s negligence. It enables clients to maintain their reliance on their lawyer’s representation while also preserving their right to seek compensation for any harm caused by the lawyer’s negligence.
The Continuous-Representation Doctrine is a legal principle that allows for the tolling of the statute of limitations for legal malpractice claims when an attorney continues to represent a client in the same matter.
The doctrine allows the statute of limitations for legal malpractice claims to be tolled until the attorney-client relationship is terminated or the representation in the matter is completed.
The purpose of the doctrine is to ensure that clients have a reasonable amount of time to discover and bring legal malpractice claims against their attorneys without being unfairly limited by the statute of limitations.
Some jurisdictions may have specific limitations on the application of the doctrine, such as requiring the client to have been reasonably diligent in discovering the attorney’s alleged malpractice.
The doctrine effectively extends the statute of limitations for legal malpractice claims until the attorney-client relationship is terminated or the representation in the matter is completed.
Continuous representation typically refers to the ongoing attorney-client relationship in the same matter for which the legal malpractice claim is being brought.
Yes, the doctrine can apply to both litigation and non-litigation matters, as long as the attorney-client relationship and representation in the matter are ongoing.
If a client believes they have a legal malpractice claim, they should consult with another attorney to assess the viability of their claim and determine the best course of action.
There may be exceptions to the doctrine in certain circumstances, such as when the client should have reasonably discovered the attorney’s alleged malpractice earlier.
Attorneys can protect themselves by maintaining thorough and accurate records of their representation, communicating effectively with their clients, and providing competent and diligent legal services.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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