Lawrence v. Miller

I concur with the majority that the retainer agreement is enforceable. However, I disagree with the majority that the estate’s claim seeking a return of the gifts is untimely, and therefore I dissent from this portion of the opinion. I would hold that the continuous representation doctrine tolled the estate’s claim. As the Special Referee stated, which the Surrogate confirmed, “the nexus between the attorneys’ conduct complained of (the 1998 gifts) and the subject of their representation both before and for many years afterward is sufficient to apply the continuing representation doctrine for…