Lawyers Mutual Insurance of Kentucky
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We fight for the fighters.

Indiana Court of Appeals Adopts the Continuous Representation Rule for Legal Malpractice Suits
Download 2003_newsletter_fall.pdf

The Risk Manager, Fall 2003

The continuous representation rule tolls the statute of limitations for a legal malpractice suit as long as a lawyer continues representing a client in a particular matter after malpractice has been discovered. (See generally §22.13, Vol. 3 Legal Malpractice 428, 5th Ed (Mallen & Smith)). The Indiana Court of Appeals in Biomet Inc. v. Barnes & Thornberg (Ind. Ct. App., No. 02A05-0205-CV-197, 7/8/03) adopted the continuous representation rule citing the judicial policy of avoiding disruption of the attorney-client relationship, giving an attorney an opportunity to repair a mistake, and avoiding premature malpractice suits by clients.

Claims repair is a primary risk management tool. The continuous representation rule gives an erring lawyer the opportunity to conduct claims repair by correcting an error without disadvantage to the client’s claim if the lawyer is unsuccessful. It is equally important to avoid the rule if there is no hope of repair. Better to withdraw and start the statute of limitations than to drag out a losing situation with the probable result of increasing damages. Policyholders are encouraged to call Claims Counsel Jane Broadwater Long at 1-800-800-6101 for advice concerning continuous representation situations.

The Kentucky Supreme Court recognized the continuous representation rule in dicta in several decisions. For more information on this rule in Kentucky and our malpractice statute of limitations read “The Kentucky Malpractice Statute of Limitations – The Supreme Court Clears the Air” on our web site in the Avoid Malpractice Section, Bench & Bar Articles.

Source: “Indiana’s Continuous Representation Rule Tolls Malpractice Statute of Limitations,” ABA/BNA Lawyers’ Manual on Professional Conduct, Current Reports, Vol. 19, No. 15, p.397, 7/16/03.

 

Lawyers Mutual of Kentucky

10503 Timberwood Cir., Ste. 213
Louisville, Kentucky 40223

Phone: 502-568-6100
Fax: 502-568-6103

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Lawyers Mutual of Kentucky

10503 Timberwood Cir., Ste. 213
Louisville, Kentucky 40223

Phone: 502-568-6100
Fax: 502-568-6103

Who We Are
About Us
Staff
Board of Directors

What We Do
Risk Mitigation
Professional Liability Policy
Court Bonds
FAQs

Applications
Quick Quote
Application
New Bar Admit

Applications
Quick Quote
Application
New Bar Admit

Forms
Bar Complaint
Claims Reporting
Make a Payment
Add an Attorney
Remove an Attorney
Firm Name Change
Firm Address Change

Resources
Subjects A-Z
Schedule an Ethics CLE
Practice Management

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Twitter

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Disclaimer: The contents of this Web site are intended for general information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. It is not the intent of this Web site to establish an attorney’s standard of due care for a particular situation. Rather, it is our intent to advise our policyholders to act in a manner which may be well above the standard of due care in order to avoid claims having merit, as well as those without merit. In the event any statement on the Web site differs from a statement in an issued policy the policy will control.

  • Who We Are
    • About Us
    • Staff
    • Board of Directors
  • What We Do
    • Risk Mitigation
    • Professional Liability Policy
    • Court Bonds
    • FAQs
  • Applications
    • Quick Quote
    • Application
    • New Bar Admit
    • Apply by Postal Mail
  • Forms
    • Claims Reporting
    • Policy Changes
      • Adding an Attorney
      • Remove an Attorney
      • Firm Name Change
      • Firm Address Change
    • Make a Payment
    • Future Contact Request
    • Reporting a Bar Complaint
  • Media
    • Newsletter Archive
    • COVID-19
    • Disaster Response Information
  • Resources
    • Site Search
    • Subjects A–Z
    • Subjects by Year
    • Schedule an Ethics CLE
    • OnDemand CLE Courses
    • Practice Management
    • Financial Statements
  • Contact