What Is the Prescription in a Louisiana Legal Malpractice Claim?
Being the subject of a legal malpractice claim can be upsetting, infuriating, and confusing. You may not even realize what you did to trigger such a case against you, and you must seek experienced legal help of your own to get to the bottom of this. Above all, you need to know the prescription period, or statute of limitations, for your case. You should be asking: What is the prescription in a Louisiana legal malpractice claim?
Throughout your case, you should seriously consider hiring a Louisiana legal malpractice attorney to help you through this. If your case doesn’t end in your favor, the resulting mark on your legal record could severely harm your reputation in the legal community.
A legal malpractice case is a serious situation, and nothing less than your career may be at stake. You should hire someone who can help you better understand the state’s legal malpractice laws.
What Is the Prescription in a Louisiana Legal Malpractice Claim?
If you are facing a legal malpractice claim in Louisiana, the party that has taken action against you has a limited time to do so. The prescriptive period for a legal malpractice claim in Louisiana is one year from the date of the act, neglect, or omission, or within one year from the date that the alleged legal malpractice was discovered. The prescriptive period may be interrupted under certain circumstances, such as if the client didn’t know due to concealment.
According to recent statistical data collected by the Supreme Court of Louisiana, the Office of Disciplinary Counsel (ODC) and the Louisiana Attorney Disciplinary Board (LADB) received 2,267 intake files in 2024, of which 528 were transferred to a complaint, and 1,221 were resolved or pending.
Across Louisiana, 722 criminal cases were reported to the United States Sentencing Commission in 2024. If any of the lawyers on those cases were hit with a malpractice claim, it could severely harm their credibility and, in turn, the defendants and their cases.
Examples of Legal Malpractice in Louisiana
A legal claim of legal malpractice against a practicing Louisiana attorney is a hefty accusation. For a lawyer to engage in legal malpractice, they have to have breached a duty of care to their client, or engaged in negligence or serious misconduct. Here are some examples of what such a breach might look like in a legal malpractice case:
- Missing deadlines: One of the most negligent actions a lawyer can take against their own client, intentionally or otherwise, is failing to file a legal claim before the statute of limitations, or prescription, has expired. An important reason why many people hire lawyers is to avoid having to remember paperwork deadlines. They count on their lawyers to do that for them. Failing to do so could result in a malpractice case.
- Lack of diligence: Committing to a client’s case takes a great deal of preparation, research, and focus. If you arrive in court or at the negotiation table with inadequate preparation, shoddy research, and no strong case or legal defense, your client may choose to take legal action against you if you lose their case.
- Conflict of interest: It’s not illegal, but it is unethical to engage in a conflict of interest with several clients. You can’t represent two parties in conflict with one another without proper consent from both parties, and even then, it’s considered highly unorthodox and unethical to do so. If you are caught engaging in a conflict of interest, the consequences could be disastrous for your career and reputation.
- Unauthorized settlement: It’s important to keep in mind that, at the end of the day, the client is the one making the decisions for their case. If you were to finalize a settlement amount without confirming things with your client, you could be in a serious ethical breach and subject to a legal malpractice claim.
FAQs
How Long Does Someone Have to File a Legal Malpractice Claim Under Louisiana’s Prescription Laws?
Generally, someone has one year from the date of the negligent actions to file a legal malpractice claim under Louisiana’s prescription laws. The prescription grants an absolute maximum of three years from the date of the negligence.
This is a very strict preemptive period. The claim is automatically lost after three years. In that time, that person must develop a strong case and pursue legal action against their lawyer.
When Does the Prescriptive Period Begin to Run in a Louisiana Legal Malpractice Case?
The prescriptive period for a legal malpractice case in Louisiana begins to run from the exact date that the alleged negligence, omission, or neglect is discovered or should have been discovered. The clock starts counting down when the client finds out, or should reasonably know, about their attorney’s negligent actions. The prescriptive period may be suspended if the lawyer in question knowingly committed fraud to conceal the malpractice.
Are There Any Exceptions That Can Affect the Prescription Period for Legal Malpractice Claims in Louisiana?
The only exception to the prescription period for a legal malpractice claim in Louisiana is if the lawyer in question engaged in fraud or concealment. Any attempt by the lawyer to cover up their actions can cause a legal malpractice case to evolve into a fraud case. At that point, the clock begins counting down from the day that the client discovers the fraud.
Should I Hire a Legal Malpractice Lawyer?
Yes, you should hire a legal malpractice lawyer if you are facing a malpractice case from a client. Such claims are particularly complex with very high stakes. As tempting as it may be to simply represent yourself, this may not be your usual area of focus. A legal malpractice lawyer can preserve your reputation and give you a chance to protect yourself.
Hire a Legal Malpractice Lawyer Today
The most important decision you make for your case is hiring the right malpractice lawyer to defend you and build a strong case defending your position. At Gibson Law Partners, LLC, we have over 170 years of combined experience with professional malpractice, commercial litigation, and more. We can bring that experience to your case. Contact us to speak to someone who can help.
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