Craig Demareski and Molly Hurley Kellett Analyze Impact of Proposed Legislation on Statute of Limitations and Fee-Shifting for Legal Malpractice Claims

DRI Newsletter of the Professional Liability Committee
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June 16, 2014, New Jersey has long offered a friendly environment to plaintiffs asserting claims for legal malpractice, including a six-year statute of limitations and the ability of a successful plaintiff to recover legal fees incurred in prosecuting that legal malpractice claim.  However, legislation was recently introduced which would reduce the statute of limitations from six years to two years and eliminate the unique judicially-created fee-shifting rule which permits successful legal malpractice plaintiffs to recover legal fees incurred in prosecuting that action.  This legislation, if passed, would bring New Jersey in line with neighboring States and would equalize the way New Jersey law treats attorneys as compared to other licensed professionals.

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