Adams v. Paul

Opinion

ARABIAN, J.

“The most common error of the attorney engaged in litigation is the failure to file the client’s claim or cause of action within the time required by a statute of limitations.” (2 Mallen & Smith, Legal Malpractice (3d ed. 1989) § 24.13, p. 481, fn. omitted.)

We granted review in this matter to determine when, in the event of such a failure or misadvice as to the applicable limitations period, the plaintiff sustains “actual injury” for purposes of tolling the statute of limitations in a subsequent suit for professional negligence. In light of the *586numerous variables arising in…