Statute of limitations runs in legal malpractice case when clients learn of "injury."
The Facchinatos sued their lawyer, Carl Gerds, for negligence in preparing documents involved in a transaction with their daughter. In short, the couple sold their daugher their second home, with the intention of allowing her to create equity, without putting their own equity at risk. Ultimately, she lost the home to foreclosure and they lost equity. When they consulted another lawyer more than two years after the documents were executed, the new lawyer told them there was nothing he could do, given the documents and the current state of affairs, to protect their entire investment.
The couple then sued Gerds, but not within the six-month "discovery" deadline. The Court held that since they did not sue within two years of Gerds' alledged error, they were required to sue within six months of learing they had suffered injury--even if they weren't told that the cause of the injury was malpractice.