Smith v. Herrling, Myse, Swain & Dyer, Ltd.

In this legal malpractice case, David J. Smith alleges that he was injured when his defense counsel failed to timely file a jurisdictional challenge during the pretrial proceedings of his criminal trial. The circuit court held that Smith had notice of this injury when the criminal court issued a decision observing that his jurisdictional claim was subject to waiver. It therefore found that Smith had not filed his malpractice suit within the statute of limitations.

Smith argues on appeal that the statute of limitations did not begin to run until the appellate court later issued a decision…