Insight: You should begin by researching the statutes of limitations on legal malpractice claims in your state. In Massachusetts, the statute of limitations on a legal malpractice claim must be filed within three years. However, Massachusetts, like many jurisdictions, follow the so called discovery rule in some jurisdictions, including Massachusetts, which tolls the applicable statute of limitations until the plaintiff knew or should have reasonably discovered the attorney’s negligent conduct. Other states recognize a continuous representation rule, where the statutory period is tolled until the attorney ceases representing the client.
Failing to bring a lawsuit prior to the statute of limitations can be fatal to your malpractice claim. You should consult a legal malpractice attorney if you think your lawyer may have committed malpractice.