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Trial lawyers specializing in personal injury and civil litigation

Statute of limitations runs from date lawyer fired, not from date of withdrawal

Paul W. Smith sued his divorce lawyers, Chiamp & Associates and their co-counsel.  They argued that he waited too long to sue because he filed his complaint more than two years after their relationship ended.  The lawyers pointed to a letter sent  more than two years before the malpractice action was filed, by Smith's replacement lawyer, stating that the defendants no longer had authority to act on his behalf.  Even though the defendants' representation was not formally withdrawn in the court until several weeks later, the Court of Appeals held that the representation ended when the defendants received the termination letter from successor counsel. It noted that Smith refused to discuss the matter with the defendants after they received the letter and that he had never suggested that the letter was written without his authority.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262