Legal Question in Legal Malpractice in New York

Disputed Attorney Fees

A relative is being sued for non-payment of his attorney's legal fees. But the lawyer resigned as his attorney in Sept. 2002. In NY state, is there a statute of limitations on an attorney's right to sue for non-payment of legal fees?


Asked on 2/22/09, 3:15 pm

1 Answer from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: Disputed Attorney Fees

The statute of limitations for breach of contract (i.e. non payment) in New York is six years.

Presumably the lawsuit was started in 2008 just before the statute ran.

Also, the resignation has nothing to do with non-payment. In fact, I'd guess the attorney resigned as a result of not being paid.

Hope this is helpful.

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Answered on 2/22/09, 9:35 pm


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