Legal Malpractice Actions Must be Filed Within One Year of Error Discovery

By Thomas Greer | December 3, 2013

If you have a potential legal malpractice claim, it is imperative that you take steps to enforce your rights as soon as possible.  In Tennessee, waiting too long can result in the doors to the courthouse being locked.

All legal rights are subject to restrictions, whether those limits lie in how those rights must be enforced or the time limit in which a case must be brought depends on the type of interest.  The statute of limitations is the time period, established by state regulation, in which a legal action may be brought before it is barred as untimely.  Tennessee has one of the shortest statutes of limitations for legal malpractice in the United States.  A person who has been harmed through the negligent actions of his attorney has one year to discover the lawyer’s error and file a legal case.  This very short time period serves to preclude many people who have been harmed by the actions of their attorneys from getting justice through the court system.  This was highlighted in a recent Tennessee court decision.

In April 2013, the Tennessee Court of Appeals ruled on the case of Pier v. Jungkind, in which the plaintiff had brought a legal malpractice action against her divorce lawyer because her attorney had not prepared a qualified domestic relations order (QDRO) within the appropriate time period.  This QDRO was necessary to allow the plaintiff to access the retirement benefits of the spouse she was divorcing.  There was a property award in the divorce action, but the plaintiff could not actively manage or sell the assets in the retirement account until the QDRO was prepared and filed.  The legal malpractice claim asserted damages as a result of a significant loss in value due to market fluctuations, which was caused by the lengthy delay in preparing and filing the QDRO.

The Tennessee Court of Appeals ruled that the summary judgment in favor of the defendant attorneys in the lower court was appropriate because the plaintiff had knowledge that she did not have access to the retirement benefits more than one year before she filed the legal malpractice case.  In this ruling, it did not matter that the amount of the harm had not been determined, merely that plaintiff was aware of the mistake and that it had led to actual harm in the form of market losses.

In Tennessee, the clock of the statute of limitations begins to run as soon as the plaintiff is aware of the lawyer’s error, or reasonably should have known about the mistake.  Any legal action is going to require some time to research and prepare the filing.  Therefore, any delay is going to hinder your ability to go to court with the strongest argument possible.  Even if you are just investigating options, it is important to talk to experienced legal malpractice attorneys as soon as possible.

The dedicated attorneys at Bailey & Greer, PLLC are committed to providing all the information that you need in order to make the decision that is right for you.  We understand how to present an effective case against a lawyer who has hurt you because of negligence.  The case strategy is developed with your goals as the main focus.  We offer a free and confidential consultation so that you can explore your legal rights.  To schedule an appointment, please call us at 901-680-9777; we are ready to sit down and speak with you about your case.  At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.

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