Attorney who files lawsuit cannot claim that he no longer represented client
James Easton sued his former attorney, Neil Miller, after Miller allegedly allowed the "one year back" statute of limitations to run on Easton's claim for no fault wage loss benefits. Miller had secured benefits for Easton through March of 2006, but did not file suit within one year after that date to obtain benefits due after that date. When Easton hired a different attorney and advised Miller that he must turn the file over to the new lawyer, Miller filed a new PIP wage loss suit representing that he was counsel for Easton. At the same time, he argued that he stopped representing Easton the month befor filing the second suit, and that the two-year limitation on suing him had expired. The Court held that since he filed suit for Easton as Easton's attorney, he was estopped from arguing that the statute of limitations for suing him should run from a date prior to his second lawsuit being filed.