Hayenga v. Gilbert

OPINION

SWANN, Judge:

¶ 1 In this case, we hold that a claim for legal malpractice arising out of the alleged failure to timely commence an action, or to join a party in an existing action, is subject to the accrual rale established by Amfac Distribution Corp. v. Miller (“Amfac I ”), 138 Ariz. 155, 673 P.2d 795 (App. 1983), and Amfac Distribution Corp. v. Miller (“Amfac II”), *540138 Ariz. 152, 673 P.2d 792 (1983). Such conduct occurs “during the course of litigation” under Amfac, and a malpractice claim based on that conduct does not accrue until the underlying litigation is finally resolved…