Monday, July 28, 2008

Is there a deadline for filing a lawsuit against a lawyer?

In Florida, there are statutes that establish deadlines for filing lawsuits. These are known as statutes of limitation. These statutes of limitations establish different deadlines for different kinds of lawsuits. Lawsuits against lawyers must be filed within a two year period. When this two year period begins is not always clear and this question has been the subject of many court decisions. In situations involving the malpractice of a lawyer representing a client in a lawsuit, the Florida Supreme Court has ruled that the two year period does not begin to run until the lawsuit has concluded. See Silvestrone v. Edell, 721 So.2d 1173 (Fla. 1998).

It is best to seek advice concerning the possibility of a legal malpractice claim early, after it has become apparent that the lawyer's conduct may have been the cause of a loss. Once the two year period passes, a lawsuit against the lawyer will be barred forever.