Timing is everything.

Generally a claim for legal malpractice commences when the malfeasance is committed and an action to recover must be filed within three years of that event.

But if the attorney continues to represent the client on that matter the three year statute would not commence until the time when the attorney client relatonship ceases.   It is from that time when the three year statute would begin to run.

Sometimes the malfesance is concealed by the attorney. 

When an attorney conceals the errors of malfeasance the three year statute of limitations would not begin to run in such facts of malfeasance are disclosed.

The fact that the attorney client relationship ceased would not be a bar to the three year statute of limitations  if the material facts are concealed from the client by the attorney.  The time limitation would not run until the time of discovery of the concealment.

But what about a client who has been conconvicted of a crime and sentenced. 

If an attorney commits an error in representing an individual in a criminal cases which results in the wrongful conviction of the client the time within which to proceed to recover damages for the negligent actions is not limited to three years.

If the judgment of conviction is reversed - the malfeasance of the defense attorney is not shielded by a three year statute.  

The time to commence a claim for legal malpractice arises at the time when the
judgment of conviction is reversed. 

And that is as it should be for to do otherwise would be to perpectrate an unjust result for to an individual who was otherwise innocent "but for" the malfeasance of the attorney whose errors proximately caused an unlawful confiction.  

The road to recovery in a criminal legal malpractice action is not an easy road to travel, but a time limitation created at the time when the judgment of conviction is vacated creates a window permitting an action to proceed.





ealment would not be a bar to commencing a claim for legal malpractice until the time when the concealment becomes known.