legal malpractice claim in Delaware

2025No. 2023-0599-MTZ December 5, 2025 That statute does not identify the continuous representation doctrine or the continuing tort doctrine as grounds to toll the accrual of a cause of action.114 The Florida Supreme Court rejected the application of the continuous representation doctrine to a legal malpractice claim, and held its application would be “wholly detached from the governing statute, which ties the running of the limitations period for lawyer malpractice claims to ‘the time the cause of action is discovered or should have been discovered.’”115 The Florida high court explained adopting

2025In Kellermeyer, the Court found the “damage element” of the legal malpractice claim began to accrue upon the “diminution in value” of the mortgage “[a]lthough the exact amount of [plaintiff]’s damages might not have been foreseen at that time.” Id. at 346 ; see also 4 Fla. Jur. 2d Attorneys at Law § 541 (“Where a case for legal malpractice does not depend on a legal ruling, the test for when damages accrue is when it is reasonably clear that a client has actually suffered some damage from legal advice or services.”) 112 SAB 23, 26-27. 113 Hearndon, 767 So.2d at 1185 (“[T]he tolling statute spe

2025In Kellermeyer, the Court found the “damage element” of the legal malpractice claim began to accrue upon the “diminution in value” of the mortgage “[a]lthough the exact amount of [plaintiff]’s damages might not have been foreseen at that time.” Id. at 346 ; see also 4 Fla. Jur. 2d Attorneys at Law § 541 (“Where a case for legal malpractice does not depend on a legal ruling, the test for when damages accrue is when it is reasonably clear that a client has actually suffered some damage from legal advice or services.”) 112 SAB 23, 26-27. 113 Hearndon, 767 So.2d at 1185 (“[T]he tolling statute spe

2022Aug. 5, 2009) (declining to exercise jurisdiction over a legal malpractice claim that was pled as a claim for breach of fiduciary duty). 77 See Aveta Inc. v. Bengoa, 986 A.2d 1166, 1183 (Del.

2022Ch.) aff'd, 38 A.3d 1254 (Del.2012) cert. denied, 133 S.Ct. 32 (2012). 4 Id. 5 International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945); Boone, 724 at 1158. 6 10 Del.

2020Similarly in Isaacson, the plaintiff’s accountants, unknown to the plaintiff, made improper filings to the IRS in 1962. 330 A.2d at 131-32.

2020Co., 135 A.3d 1271, 1274 (Del. 2016). 14 Shea v. Delcollo and Werb, P.A., 977 A.2d 899 , 2009 WL 2476603, at *2 (Del. Aug. 13, 2009) (TABLE). 15 Scharf v. Edgcomb Corp., 864 A.2d 909, 920 (Del. 2004) (quoting Mary A.O. v. John J.O., 471 A.2d 993 , 995 n.4 (Del. 1983)); see 51 Am. Jur. 2d Limitation of Actions § 9 (Nov. 2019) (“Statutes of limitation serve as instruments of court management, and promote judicial economy or judicial efficiency.”) (internal citations omitted). 16 Scharf, 864 A.2d at 920 (internal quotations omitted). 7 balance a plaintiff’s right to seek a remedy with a defendant

2020Co., 135 A.3d 1271, 1274 (Del. 2016). 14 Shea v. Delcollo and Werb, P.A., 977 A.2d 899 , 2009 WL 2476603, at *2 (Del. Aug. 13, 2009) (TABLE). 15 Scharf v. Edgcomb Corp., 864 A.2d 909, 920 (Del. 2004) (quoting Mary A.O. v. John J.O., 471 A.2d 993 , 995 n.4 (Del. 1983)); see 51 Am. Jur. 2d Limitation of Actions § 9 (Nov. 2019) (“Statutes of limitation serve as instruments of court management, and promote judicial economy or judicial efficiency.”) (internal citations omitted). 16 Scharf, 864 A.2d at 920 (internal quotations omitted). 7 balance a plaintiff’s right to seek a remedy with a defendant

2020Co., 135 A.3d 1271, 1274 (Del. 2016). 14 Shea v. Delcollo and Werb, P.A., 977 A.2d 899 , 2009 WL 2476603, at *2 (Del. Aug. 13, 2009) (TABLE). 15 Scharf v. Edgcomb Corp., 864 A.2d 909, 920 (Del. 2004) (quoting Mary A.O. v. John J.O., 471 A.2d 993 , 995 n.4 (Del. 1983)); see 51 Am. Jur. 2d Limitation of Actions § 9 (Nov. 2019) (“Statutes of limitation serve as instruments of court management, and promote judicial economy or judicial efficiency.”) (internal citations omitted). 16 Scharf, 864 A.2d at 920 (internal quotations omitted). 7 balance a plaintiff’s right to seek a remedy with a defendant

2020Co., 135 A.3d 1271, 1274 (Del. 2016). 14 Shea v. Delcollo and Werb, P.A., 977 A.2d 899 , 2009 WL 2476603, at *2 (Del. Aug. 13, 2009) (TABLE). 15 Scharf v. Edgcomb Corp., 864 A.2d 909, 920 (Del. 2004) (quoting Mary A.O. v. John J.O., 471 A.2d 993 , 995 n.4 (Del. 1983)); see 51 Am. Jur. 2d Limitation of Actions § 9 (Nov. 2019) (“Statutes of limitation serve as instruments of court management, and promote judicial economy or judicial efficiency.”) (internal citations omitted). 16 Scharf, 864 A.2d at 920 (internal quotations omitted). 7 balance a plaintiff’s right to seek a remedy with a defendant

2020Co., 135 A.3d 1271, 1274 (Del. 2016). 14 Shea v. Delcollo and Werb, P.A., 977 A.2d 899 , 2009 WL 2476603, at *2 (Del. Aug. 13, 2009) (TABLE). 15 Scharf v. Edgcomb Corp., 864 A.2d 909, 920 (Del. 2004) (quoting Mary A.O. v. John J.O., 471 A.2d 993 , 995 n.4 (Del. 1983)); see 51 Am. Jur. 2d Limitation of Actions § 9 (Nov. 2019) (“Statutes of limitation serve as instruments of court management, and promote judicial economy or judicial efficiency.”) (internal citations omitted). 16 Scharf, 864 A.2d at 920 (internal quotations omitted). 7 balance a plaintiff’s right to seek a remedy with a defendant

2019Super.) (Court not willing to “stretch the statute of limitations” to find that the continuous representation rule tolled the statute of limitations, however, the legal malpractice claim survived summary judgment because the alleged issues surrounding document production could not be resolved without discovery). 18All)ert, 2005 WL 1594085 , at *19. l9C01rsarlclr0 v. Bloodhound Techs., Inc., 65 A.3d 618, 647 (Del.

1996Inc., Del.Supr., 401 A.2d 68, 72 (1979), a non-profit corporation brought a legal malpractice claim.