continuous representation doctrine (Indiana) · Go Syfert
← Indiana issues

continuous representation doctrine in Indiana

8 Indiana opinions name it 1 courts 2003–2018 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Biomet, Inc. v. Barnes & Thornburggreen
indctapp · 2003 · cited in 7 Indiana opinions naming this issue, 2006–2018
2 sentences

2018The Biomet court adopted the continuous representation doctrine as an exception to the discovery rule, stating, “In a situation where the attorney continues to represent the client in the same matter in which the alleged malpractice occurred, the date of accrual begins at the termination of an attorney’s representation of a client in the same matter in which the alleged malpractice occurred.” Biomet, 791 N.E.2d at 767 . [21] The Biomet court also specifically recognized that a client may terminate the attorney-client relationship without giving the attorney an opportunity to mitigate the damag

2018However, “the continuous representation doctrine does not apply to a client who retains new counsel on appeal.” Id. at Court of Appeals of Indiana | Memorandum Decision 41A01-1711-CC-2647 | May 24, 2018 Page 11 of 15 766 n.2.

67
Bambi's Roofing, Inc. v. Moriartygreen
indctapp · 2006 · cited in 2 Indiana opinions naming this issue, 2017–2017
2 sentences

2017In Bambi’s Roofing Inc. v. Moriarty, 859 N.E.2d 347, 357 (Ind. Ct. App. 2006), we applied the continuous representation rule to the accounting profession, limiting the rule to the accountant’s representation in the same, specific matter.

2017In Bambi’s Roofing Inc. v. Moriarty, 859 N.E.2d 347, 357 (Ind. Ct. App. 2006), we expanded the continuous representation rule to the accounting profession, limiting its application to the accountant’s representation in the same, specific matter.

22
Landmark Legacy, LP and Dennis W. Fahlsing v. Dennis Runkle, D.R. Financial Inc., and D.R. Financial Group, Inc.green
indctapp · 2017 · cited in 2 Indiana opinions naming this issue, 2017–2018
2 sentences

2017This court received a similar expansion request in our very recent case of Landmark Legacy, L.P. et al. v. Runkle, et al., 81 N.E.3d 1107 , 2017 WL 3429076 (Ind. Ct. App. Aug. 10, 2017), in which we declined to extend the continuous representation doctrine to a negligence claim against financial advisors.

2017This court received a similar expansion request in our very recent case of Landmark Legacy, L.P. et al. v. Runkle, et al., 81 N.E.3d 1107 , 2017 WL 3429076 (Ind. Ct. App. Aug. 10, 2017), in which we declined to extend the continuous representation doctrine to a negligence claim against financial advisors.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Endervelt v. Slade neutral
nysupct · 1994
1 sentence

2017“Certainly,, once the client discovers the attorney’s fraud, it is not reasonable to expect the client to continue to 'maintain confidence in the professional’s good faith and the client should be, as are all other victims of fraud, required to investigate and access the facts.” Endervelt v. Slade, 162 Misc.2d 975 , 618 N.Y.S.2d 520 , 525 (1994).

12017–2017
Borgia v. City of New York green
ny · 1962
2 sentences

2017New York pioneered the continuous representation doctrine in Borgia v. New York, 12 N.Y.2d 151 , 237 N.Y.S.2d 319 , 187 N.E.2d 777 (1962). 4 .

2017New York pioneered the continuous representation doctrine in Borgia v. New York, 12 N.Y.2d 151 , 237 N.Y.S.2d 319 , 187 N.E.2d 777 (1962). 4 .

12017–2017
Virginia Tramill, Miah Gant, Marquel Cheaney and Jeremiah Tramill, the Mother and Children of Sara Tramill v. Anonymous Healthcare Provider green
indctapp · 2015
1 sentence

2017Najam, J., and Brown, J., concur. 3 Although under the continuous representation doctrine, the statute of limitations commences at the end of an attorney’s representation of a client in the same matter in which the alleged malpractice occurred, Biomet, Inc. v. Barnes & Thorn burg, 791 N.E.2d 760, 765 (Ind. Ct. App. 2003), which made the date the statute of limitations began to run as July 9, 2012, Warren argues for the first time in his reply brief that he did not discover Epstein’s alleged malpractice until June 2014. “‘The law is well settled that grounds for error may only be framed in an a

12017–2017
Burger King Corp. v. Rudzewicz green
scotus · 1985
2 sentences

2011Also, we do not believe that this rule runs afoul of Burger King’s requirement that a defendant have a “fair warning that a particular activity may subject [him] to the jurisdiction of a foreign sovereign.... ” 471 U.S. at 472 , 105 S.Ct. at 2182 (quoting Shaffer, 433 U.S. at 218 , 97 S.Ct. at 2587 ).

2011Also, we do not believe that this rule runs afoul of Burger King’s requirement that a defendant have a “fair warning that a particular activity may subject [him] to the jurisdiction of a foreign sovereign.... ” 471 U.S. at 472 , 105 S.Ct. at 2182 (quoting Shaffer, 433 U.S. at 218 , 97 S.Ct. at 2587 ).

12011–2011
Shaffer v. Heitner green
scotus · 1977
2 sentences

2011Also, we do not believe that this rule runs afoul of Burger King’s requirement that a defendant have a “fair warning that a particular activity may subject [him] to the jurisdiction of a foreign sovereign.... ” 471 U.S. at 472 , 105 S.Ct. at 2182 (quoting Shaffer, 433 U.S. at 218 , 97 S.Ct. at 2587 ).

2011Also, we do not believe that this rule runs afoul of Burger King’s requirement that a defendant have a “fair warning that a particular activity may subject [him] to the jurisdiction of a foreign sovereign.... ” 471 U.S. at 472 , 105 S.Ct. at 2182 (quoting Shaffer, 433 U.S. at 218 , 97 S.Ct. at 2587 ).

12011–2011
Hall & Co. v. Steiner & Mondore green
nyappdiv · 1989
2 sentences

2006Hall & Co., Inc. v. Steiner and Mondore, et al, 147 A.D.2d 225, 229 , 543 N.Y.S.2d 190 (1989).

2006Hall & Co., Inc. v. Steiner and Mondore, et al, 147 A.D.2d 225, 229 , 543 N.Y.S.2d 190 (1989).

12006–2006
Burns v. McClinton green
washctapp · 2006
1 sentence

2006By contrast in Burns, 143 P.3d at 636 , the Washington court of appeals found that there was no distinct accounting matter that justified the application of the continuous representation doctrine.

12006–2006
Ackerman v. Price Waterhouse green
nyappdiv · 1998
2 sentences

2006In Ackerman, 252 A.D.2d at 205 , 683 N.Y.S.2d 179 , the client alleged that an accounting firm had repeatedly used an improper accounting method and failed to disclose to the. client the risks associated with that method.

2006In Ackerman, 252 A.D.2d at 205 , 683 N.Y.S.2d 179 , the client alleged that an accounting firm had repeatedly used an improper accounting method and failed to disclose to the. client the risks associated with that method.

12006–2006
R.D.H. Communications, Ltd. v. Winston green
dc · 1997
1 sentence

2003Communications, Ltd. v. Winston, 700 A.2d 766 (adopting the continuous representation rule as an exception to the discovery rule).

12003–2003

Statutes the citing opinions construe

IN § Ind. Code § 34-11-2-4 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 276 (1975–2026) LA 28 (1990–2019) CT 17 (1993–2019) KS 15 (1988–2022) WA 15 (2001–2024) WV 10 (1996–2025) CA 10 (1987–2023) ND 9 (1985–2004) IN 8 (2003–2018) SD 7 (1988–2020) KY 6 (1994–2024) MS 5 (1993–2011) IL 5 (1995–2025) NM 4 (1993–2024) NE 4 (2007–2020) WY 4 (1997–2013) VA 4 (2004–2025) SC 4 (2005–2016) DC 3 (1997–2022) NV 3 (2014–2016) TN 2 (2004–2017) NC 2 (2003–2011) AZ 2 (1983–2012) ME 2 (2010–2017) DE 2 (2019–2025) FL 2 (1992–2009) MT 2 (1989–2010) IA 2 (2018–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check