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February 26, 2013

Legal malpractice actions in Michigan are now subject to a statute of repose

With new legislation effective January 2, 2013, the Michigan Legislature retained the two-year statute of limitations and discovery rule applicable to attorney malpractice claims. Under both current and previous law, attorney malpractice claims accrue when the attorney ceases representing the client as to the matter out of which the claim arises. And under both the current and previous regime, the “discovery rule” provides a limited exception to this statute of limitations: a client can bring a malpractice claim within six months after he or she learns of the malpractice or should have learned of it.

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