New Post on the Day on Torts dated 08/06/2024
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Day on Torts

Published by Day on Torts — Tennessee Personal Injury Attorney — The Law Offices of John Day, P.C.

Legal malpractice claim time-barred.

By The Law Offices of John Day, P.C. on Aug 05, 2024 06:04 am

Plaintiff’s legal malpractice claim accrued when he received the order stating that some of his claims in a previous case were dismissed with prejudice.

In Abdou v. Clark, No. M2023-01461-COA-R3-CV (Tenn. Ct. App. July 3, 2024), plaintiff hired defendants to represent him in a lawsuit against several individuals. During the course of that litigation, plaintiff grew unhappy with defendants’ actions on his behalf. Plaintiff terminated defendants as his attorneys in July 2022, and he filed this pro se legal malpractice claim in February 2023. The trial court dismissed the legal malpractice action based on the statute of limitations, and the Court of Appeals affirmed dismissal.

In its opinion, the Court of Appeals reviewed multiple allegations on which plaintiff’s legal malpractice claim was based. First, it affirmed dismissal of plaintiff’s claim that defendants violated a Rule of Professional Conduct, noting that the Rules of Professional Conduct do not provide a basis for civil liability.


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