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Idaho's Statute of Limitations for Legal Malpractice Does Not Accrue Until There is Objective Proof of Some Actual Damage

In Chicoine v. Bignall, 122 Idaho 482, 835 P.2d 1293 (1992), the Idaho Supreme Court answered the question as to when the statute of limitations begins to accrue for legal malpractice.

In Chicoine, the Idaho Supreme Court noted that Idaho Code § 5-219(4) provides that the statute of limitations for "professional negligence" expires two (2) years from the date of the "act, omission or occurrence" complained of. However, in Idaho the statute of limitations for legal malpractice does not begin to accrue at the moment the client discovers the attorney’s malpractice but rather when there exists objective proof of some actual damage arising from the attorney’s error or mistake.

The basis for the holding in Chicoine is that in Idaho there is no actionable claim for legal malpractice until either the client or the client’s third party beneficiary has sustained some actual damage as a result of the attorney’s alleged mistake or error. So, until there is objective proof of some actual damage resulting from an attorney’s malpractice, the accrual of the statute of limitations is deferred.

Therefore, it is wise to immediately consult with an experienced legal malpractice attorney if you believe that you have been the victim of an attorney’s malpractice. Mr. Morton has over 32 years of experience in handling legal malpractice claims. You may reach Mr. Morton to schedule an initial free consultation by calling 208.344.5555 or toll free at 888.716.8021 or by completing the online contact for at http://www.mortonlawyers.com/contact.cfm. You may also wish to review the testimonial page of Mr. Morton’s former clients at: http://www.mortonlawyers.com/testimonials.cfm.

Alan Morton
Advocate for Justice/Trial Lawyer