04/26/2005
Limitations Period for Malpractice Claim Based on Antenuptial Agreement Did Not Begin to Run Until Divorce Court Awarded Property to Spouse that was Supposed to Have Been Protected in the Agreement
Richard Antone v. IsraelMirviss, 2005 WL 832164 (Minn. Ct. App. 2005).
Brief Summary
This case holds unobjectionably that a client must have incurred some compensable damage in order to sustain a claim for legal malpractice. The point at which this occurs can vary from jurisdiction to jurisdiction if not also from case to case. In at least some jurisdictions, a court might have held that damages began to accrue as soon as Mr. Antone had to begin to spend funds in defense of his claimed interest.
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