How
long do you have to sue a lawyer?
The statute of limitations for suing a lawyer is two (2) years.
Section 95.11(4)(a), Florida Statutes, provides that in an action for
professional malpractice, other than medical malpractice, whether founded
on contract or tort the period of limitations shall run from the time
the cause of action is discovered or should have been discovered with
the exercise of due diligence.
Certain actions may toll or delay a statute of limitations from expiring
or commencing. For example, generally speaking, if a lawyer was
negligent in the representation of a client at trial and, because of
that negligence, lost the trial, the statute of limitations typically
does not begin to run until trial is completely finished, including
all appeals.
The computation of when a statute of limitations begins and when it
ends with respect to a claim of legal malpractice can be extremely complicated
and is well beyond what can be explained in this web site. The
result in many cases regarding the commencement or expiration of the
statute of limitations is often determined by events which seem quite
minor. Frequently, there are substantial disputes during litigation
regarding a factual circumstance which, if proven, might bar a plaintiff's
claim. We always urge our clients to pursue their claims at the
earliest possible time to avoid the development of any unsuspected facts
that might result in barring the client's claim.

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