Legal Question in Legal Ethics in Pennsylvania

Re: Statute of limitations

Generally, there may be a claim against the attorney if, as a result of missing the statute of limitations, you suffered a loss. The other questions you ask depend on the situation and what happened. If you would like to discuss this matter further, please feel free to contact me at [email protected].

Ted Hoppe

Law Offices of L. Theodore Hoppe, Jr.

206 W. State Street

Re: Statute of limitations

You asked quite a series of questions, but the most important factor in answering all of them is the value and merits of the case which was lost as a result of the statute of limitations running.

Malpractice, legal or medical, requires proof that professional standards were breached (i.e., a goof) and that damages resulted from that goof. So you would need to prove a "case within a case," essentially. This can multiply the expenses, but in a contingency case, the attorney will usually advance those costs. It's impossible to estimate them because it depends on the nature of the underlying case as well as the details of the malpractice.

Ethically, the consensus I've heard is that an attorney who finds out that he's allowed a statute of limitations to run (the biggest nightmare in plaintiff's work) should advise the client that this happened, and then advise the client to consult new counsel, and then report the event to their insurance carrier.

In Pennsylvania, punitive damages require intentional or really reckless misconduct. Allowing a statute to run is pretty bad, but unless there were some special facts (like the attorney was taking payoffs from the other side to blow the claim) it might be an uphill battle. Furthermore, since punitive damages generally aren't insurable in PA, they could be tough to collect.

William Marvin

Law Offices of William D. Marvin

947 Old York Road