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Legal Malpractice Statute of Limitations

Claims against an attorney for professional negligence that caused harm to a client.

Shortest
1
years, sourced states
Most Common
2
years, sourced states
Longest
6
years, sourced states
Figures reflect only the states sourced so far — they are not a national range until every jurisdiction is on file.
Filing window by state
State
Time Limit
Citation
1 Year (4-yr outer limit)
1 Year (5-yr outer limit)
KRS § 413.245
✓ Verified
1 Year (3-yr repose)
1 Year
1 Year (5-yr repose)
2 Years
2 Years
A.R.S. § 12-542(1)
Unverified
2 Years
2 Years
2 Years
Idaho Code § 5-219(4)
✓ Verified
2 Years (6-yr repose)
735 ILCS 5/13-214.3
✓ Verified
2 Years
2 Years
2 Years
2 Years (10-yr repose)
2 Years
2 Years
12 O.S. § 95(A)(3)
Unverified
2 Years (5-yr outer limit)
ORS § 12.110(4)
✓ Verified
2 Years
2 Years
2 Years (or 10/5 in contract)
2 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
3 Years
Miss. Code § 15-1-49
✓ Verified
3 Years
3 Years
3 Years
3 Years (4-yr repose)
3 Years
3 Years
3 Years
SDCL § 15-2-14.2
Unverified
3 Years
12 V.S.A. § 512(4)
Unverified
3 Years
RCW 4.16.080(2)
Unverified
4 Years
O.C.G.A. § 9-3-25
Unverified
4 Years
4 Years
4 Years
5 Years
5 Years
5 Years
6 Years
6 Years
14 M.R.S. § 752
✓ Verified
6 Years
6 Years
N.J.S.A. § 2A:14-1
Unverified
6 Years

What Does Legal Malpractice Cover?

01 Missed filing deadlines by an attorney
02 Conflicts of interest harming a client
03 Negligent advice causing financial loss
04 Failure to file required documents

Rules That Affect Your Deadline

Factors that can change when the clock starts or how much time you actually have.

01
Discovery rule applies
The clock often starts when the client knew or should have known of the malpractice.
02
Continuous representation
The clock may pause while the attorney continues representing the client on the same matter.
03
Underlying case outcome
Some claims cannot accrue until the underlying case they affected is resolved.

Common Questions About Legal malpractice Deadlines

What is the statute of limitations for legal malpractice?

It depends on the state. Across the 18 jurisdictions with a verified figure, the deadline for legal malpractice ranges from 1 year to 6 years, and 2 years is the most common.

Which state has the shortest statute of limitations for legal malpractice?

California, Kentucky, Ohio and Tennessee — 1 year.

Which state has the longest statute of limitations for legal malpractice?

Hawaii and Maine — 6 years.

Can the statute of limitations for legal malpractice be extended?

Sometimes. Common factors that change the deadline include: discovery rule applies; continuous representation; underlying case outcome. How they apply varies by state.

See every claim type charted for Florida with full citations and notes.
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