Legal malpractice claims are an unfortunate part of the practice of law. Nebraska’s professional negligence statute is ‘occurrence based.’ See Neb. Rev. Stat. § 25-222. That means the two-year limitations period is triggered by, and begins to run from, the date of the alleged negligent act or omission.
As straightforward that may sound, as with most things there are exceptions. So here are 5 things you should know:
1.The limitations period is tolled by continuous representation of the client.
2. If fraud is alleged, the client can sue up to one year from the date the fraud is discovered or would have been discovered upon reasonable investigation.
3. The ‘discovery period’ does not apply if the malpractice is discovered within the initial two-year limitations period.
4. The limitations period is the same no matter how you characterize the cause of action.
5. There is a 10-year repose period.
Not surprisingly, there are nuances to each of these five ‘truths.’ Stay tuned. Over the next several blogs, I will provide additional information and explanation for each one.