Legal Question in Legal Malpractice in Pennsylvania

Re: Statute of Limitations Legal Malpractice

First off, it can be tricky to figure when that two-year period starts running, so I wouldn't assume that you're time-barred.

Second, it may be possible for you to recover damages on a breach of contract theory. I recall reading some decision in PA appellate decisions about this basis for avoiding the 2-year statute, but I don't recall exactly what it said. The result depends a lot on what the nature of the attorney/client contract was, and what happened. I.e., if the attorney promised to accomplish something (write a will, form a corporation) and didn't, that could be a breach of contract. If you're claiming a contract breach because a general failure to perform according to the professional standards, the courts might find that's just another way of claiming legal malpractice.

Anyhow, to answer your question, the running of the statute would not automatically prevent you from defending a contract claim for fees on groudns that the attorney failed to provide the proper level of service that you bargained for.

Whatever your situation is, the only thing in this message which you should take as legal advice is that you should find an attorney you have confidence in, and make sure all deadlines are met. As you already know, if you miss a deadline, you can lose the right to raise claims or defenses.

William Marvin

Law Offices of William D. Marvin

947 Old York Road