Louisiana Personal Injury Lawyer Blog
In the realm of legal malpractice, the timing of filing a lawsuit is critical. A recent Louisiana Court of Appeal decision, Wells v. Henry T. Dart, Attorneys at Law, APC, underscored this point, highlighting the one-year peremptive period for bringing such claims in the state. Let’s dissect this case and understand the implications for those considering legal action against their attorneys.
Glenda Wells hired Henry T. Dart, Attorneys at Law, APC, to represent her in a personal injury and property contamination lawsuit against several oil companies. Over time, Ms. Wells became dissatisfied with their representation and lodged a complaint with the Louisiana Attorney Disciplinary Board in October 2013, stating she believed the firm’s actions constituted “major negligence.”
Despite this, Ms. Wells continued her relationship with the firm until they withdrew from her case in 2015. Subsequently, her case was dismissed, and she filed a legal malpractice lawsuit against the firm in March 2017. The firm argued her claim was barred by the one-year peremptive period outlined in Louisiana Revised Statutes 9:5605.
The trial court agreed with the law firm, dismissing Ms. Wells’ lawsuit as untimely. The Court of Appeal upheld this decision, focusing on when Ms. Wells had sufficient knowledge to trigger the peremptive period.
The court reasoned that Ms. Wells’ 2013 complaint to the disciplinary board, where she explicitly accused the firm of “major negligence,” indicated she had constructive knowledge of potential malpractice. This triggered the one-year peremptive period, making her 2017 lawsuit untimely.
Things to Know:
- Peremptive Period in Legal Malpractice: In Louisiana, there’s a strict one-year deadline to file legal malpractice claims from the date you discover, or should have discovered, the alleged negligence.
- Constructive Knowledge: You don’t need definitive proof of malpractice to trigger the peremptive period. If you have enough information to suspect your attorney’s actions were negligent, the clock starts ticking.
- Fraud Exception: The one-year peremptive period doesn’t apply in cases of fraud by the attorney. However, Ms. Wells’ case didn’t involve fraud allegations, so this exception wasn’t applicable.
This decision highlights the importance of being proactive if you suspect your attorney is not providing adequate representation. Don’t delay in seeking a second opinion or considering a change of counsel. If you believe malpractice has occurred, consult with a legal malpractice attorney promptly to understand your rights and options.
Remember, the one-year peremptive period is unforgiving. Even if your case is ultimately dismissed, the knowledge of potential malpractice starts the clock ticking.
Written by Berniard Law Firm
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