Understanding the Continuous Representation Doctrine in Legal Malpractice

Q: How does this doctrine affect my ability to file a claim?

If the doctrine applies, you may have more time to file a claim than if the statute of limitations were in effect.

Q: Can I still file a malpractice claim if I was unaware of the negligence?

Yes, if you did not know about the alleged malpractice during the attorney&#039;s continued representation, you may be able to invoke the doctrine.

Definition & Meaning

The continuous representation doctrine is a legal principle that pauses the statute of limitations for filing a legal malpractice claim as long as the attorney continues to represent the client on matters related to the alleged malpractice. Typically, the clock starts ticking on a malpractice claim when the negligent act occurs. However, under this doctrine, the claim does not begin to accrue until the attorney's representation concerning that matter ends.

Table of content

Legal Use & context

This doctrine is primarily used in legal malpractice cases, where a client claims that their attorney's negligence caused harm. It is relevant in civil law, particularly in contexts involving professional responsibility and client representation. Users can manage related legal matters using templates and forms from US Legal Forms, which are drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A client consults an attorney about a contract dispute. If the attorney makes a mistake in handling the case but continues to represent the client in related negotiations, the client may not be able to file a malpractice claim until the attorney's representation concludes.

State-by-state differences

State	Continuous Representation Doctrine
California	Recognizes the doctrine, allowing tolling of the statute of limitations during ongoing representation.
New York	Also applies the doctrine, provided the client is unaware of the malpractice.
Texas	Follows similar principles, focusing on the continuation of representation.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Continuing Treatment Doctrine	Applies to medical malpractice, allowing claims to accrue only after treatment ends.	Specifically related to medical professionals, while continuous representation applies to legal professionals.
Statute of Limitations	The time limit for bringing a legal action.	Continuous representation can toll this period, while the statute itself sets the deadline.

Common misunderstandings

What to do if this term applies to you

If you believe the continuous representation doctrine applies to your situation, consider the following steps:

Document all interactions with your attorney regarding the matter in question.
Consult with a legal professional to assess your case and determine if you can invoke this doctrine.
Explore US Legal Forms for templates that may help you manage your legal needs efficiently.

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Quick facts

Applies primarily in legal malpractice cases.
Statute of limitations can be tolled during ongoing representation.
Requires continued representation on the same issue.

Key takeaways

Frequently asked questions

What is the continuous representation doctrine?

It is a legal principle that pauses the statute of limitations for filing a malpractice claim while the attorney continues to represent the client on related matters.