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Post on April 30th, 2019
Sending a file closing letter at the conclusion of legal representation can satisfy one prong of the statute of limitations for a legal malpractice claim.  An action for legal malpractice accrues and the statute of limitations begins to run, under R.C. 2305.11(A)
  • when there is a cognizable event whereby the client discovers or should have discovered the attorney’s act, error or omission or
  • when the attorney-client relationship for that particular transaction or undertaking terminates, whichever occurs later.

Following “Best Practices,” you should include in your fee agreement that you will return the original file to the client at the conclusion of the representation.  You should also scan or copy any original documents and papers the client gives you as soon as you receive them and immediately return them to the client.

Sending a file closing letter at the conclusion of the representation meets the termination prong of the legal malpractice statute of limitations.  The letter should clearly state the matter which is concluded so the client will understand the attorney is ending the representation only for that matter and not for any other matters for which the attorney may be providing legal representation.

The file closing letter can also let the client know the attorney hopes the representation was satisfactory.  Most importantly, the closing letter lets the client know the attorney will provide legal assistance to the client, their friends or family, if legal assistance is needed in the future.  Click here for a Sample File Closing Letter.

If you have questions about this or other topics, please feel free to contact me.

Gretchen Koehler Mote, Esq.,
Director of Loss Prevention