Legal Definitions - continuous-representation doctrine

The continuous-representation doctrine is a legal principle that affects the deadline for filing a lawsuit against a lawyer for professional negligence, also known as legal malpractice. Essentially, it pauses or "tolls" the statute of limitations (the legal deadline to bring a claim) for a legal malpractice action. This pause continues for as long as the lawyer is still actively representing the client in the specific legal matter where the alleged negligent act or omission occurred. The doctrine aims to prevent clients from having to sue their current lawyer while that lawyer is still working on their case, which could disrupt the ongoing representation and potentially harm the client's interests.

Here are some examples to illustrate how this doctrine works:

• Example 1: Litigation Error

  Imagine a lawyer representing a client in a complex business litigation case. During the discovery phase, the lawyer negligently fails to file a critical document by a court-mandated deadline, potentially harming the client's position. Despite this mistake, the lawyer continues to represent the client in the same lawsuit, working to mitigate the damage from the missed deadline and pursue the case. Under the continuous-representation doctrine, the statute of limitations for the client to sue the lawyer for malpractice related to that missed deadline would not begin to run until the lawyer-client relationship for that specific business litigation case officially ends (e.g., the case is resolved, or the client terminates the lawyer's services).

• Example 2: Transactional Oversight

  Consider a lawyer assisting a client with the purchase of a commercial property. The lawyer drafts the purchase agreement but negligently overlooks a crucial environmental disclosure requirement. The property acquisition closes, but the lawyer continues to advise the client on post-closing matters related to the property, including addressing regulatory compliance issues that later arise due to the missed disclosure. The continuous-representation doctrine would likely toll the statute of limitations for a malpractice claim concerning the drafting error until the lawyer's representation regarding that property acquisition and its related ongoing issues concludes.

• Example 3: Estate Planning Flaw

  Suppose a lawyer prepares an estate plan for a client, including a will and trusts. Due to a drafting error, a significant portion of the client's assets might not be distributed according to their true wishes. The client passes away, and the same lawyer is then retained by the estate to handle the probate process and administer the estate, which involves interpreting and implementing the very documents they drafted. The limitations period for a malpractice claim against the lawyer for the drafting error would be paused as long as the lawyer continues to represent the estate in matters directly related to the administration and interpretation of that estate plan.