Attorney Malpractice Suit Hoist With Timeliness Petard

A malpractice suit against a New York law firm was properly dismissed because it was untimely, the U.S. Court of Appeals for the Second Circuit said in a Dec. 4 summary order.

The claim against Cowan Liebowitz & Latman PC also wasn’t saved by the state’s continuous representation doctrine, the court said.

Under that doctrine, a limitations period is tolled while a firm continues to represent the client for the matter in which the alleged malpractice occurred, the court said.

But the tolling period lasts only as long as there is a mutual understanding between the client and firm that ...