What is the Statute of Limitations for a Malpractice Case in TX?
The statute of limitations (or the time to bring a lawsuit) against an attorney depends on the type of claim asserted. In Texas, the statute of limitations for a negligence claim is two years. An example of a negligence claim is an attorney’s failure to comply with a deadline that caused the client’s claim to be compromised in one way or another. In Texas, the statute of limitations on a breach of fiduciary duty claim or a fraud claim against an attorney is four years.
When Does The Clock Begin to Tick?
The clock does not begin to run on these deadlines until after the client has discovered or should have discovered the malpractice or misconduct of the attorney. This standard is different in each client’s case. For instance, if an attorney discloses to the client that a deadline had been missed, then the clock runs from the date of disclosure. On the other hand, if the attorney does not disclose the malpractice, and the malpractice is concealed through efforts of the attorney, then the clock may not begin to tick until the attorney-client relationship has ended and other circumstances arise which would have led the client to believe that malpractice was committed.
Is the Statute of Limitations Suspended Because My Underlying Suit is Ongoing?
Generally, yes. In Texas, if the legal malpractice claim arises out of litigation and the litigation is ongoing, then the statute of limitations is generally suspended pending final resolution of that claim.