Is there a deadline to file a legal malpractice lawsuit?

The deadline in Texas to file a legal malpractice case is two years. However, the statute of limitations (the time within which one must file a lawsuit) does not begin to run until a client discovers or should have discovered by exercising reasonable care her cause of action. If legal malpractice occurs during the representation of a client in the course of a lawsuit, the statute of limitations is tolled (or delayed) and does not begin to run again until the lawsuit is concluded and all appeals have been exhausted. There is no tolling of limitations on a claim of legal malpractice arising from representation in a transaction, and certain other claims such as DTPA are likewise not subject to tolling provisions. If a lawsuit is not filed before the statute of limitations expires, the client may be barred from bringing a claim against his lawyer. It is therefore critically important to consult with an experienced legal malpractice attorney as soon as you believe you have been injured or damaged by a lawyer’s negligence, fraud or breach of fiduciary duty.

Contact Our Firm

It is imperative to have a lawyer advise you as soon as you believe a wrong has occurred. If you have questions regarding the applicable statute of limitation that may apply to your legal malpractice issue, we encourage you to contact Nowak & Stauch, PLLC by completing the contact form located on this website. We accept most cases on a contingent fee basis, and offer services in English and Spanish.