The rule suspends accrual of a malpractice claim until the representation in the matter concludes. Its rationale is that a client should not be required to sue counsel while relying on them in an ongoing matter.
It applies to the specific matter rather than the overall relationship.
Alternative Names:
Continuous Representation Doctrine, Continuous Treatment (Legal)
Why it Matters?
The matter-specific limitation is what parties frequently misapply, since continued representation on unrelated matters does not toll the period for a claim arising from a different engagement. Determining when representation on the relevant matter actually ended is accordingly the operative question, and it turns on documented conclusion rather than the client's belief. Closing letters serve the same function for limitations that declination letters serve for formation.
Frequently Confused with
Related terms
Frequently asked questions
Does representation on other matters toll the period?
How is the end of representation established?
