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: Legal Ethics ForumInforming your client of malpractice -- but misstating the accrual date
In Sowerby v. Doyal, from the Court of Appeals of Georgia, the lawyer clearly explained his malpractice to the client, but did misstate the accrual date. The client-plaintiff's claims were barred nonetheless, because she knew of the malpractice within the accural period. If you teach PR, you might show your student the this language from the letter the lawyer wrote to the client:
Enclosed please find your copy of an order of the Supreme Court of Georgia dated February 21, 2005 dismissing the appeal of the . . . contempt. This is the date upon which the Statute of Limitations begins to run on any claim you may have against me for negligence in filing the Notice of Appeal instead of an Application for Discretionary Review. A Statute of Limitation is a law which requires a plaintiff to file a lawsuit within a certain time period or lose automatically for waiting too long to sue. Although there are exceptions, an action asserting negligence has a Statute of Limitation of two years and an action asserting breach of contract gets four years. Whether you have two years or four years to sue me is a matter upon which I cannot advise you
Full post as published by Legal Ethics Forum on October 26, 2010 (boomark / email).
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