Professional Liability Blog

IntroductionWhen defending a legal malpractice action, the first item on any attorney’s checklist should be whether the plaintiff has satisfied the statute of limitations. Under Section 516.120 RSMo, the statute of limitations for claims of legal malpractice is five years. And Section 516.100 provides “that for the purposes of sections 516.100 to 516.370,” a cause of action for legal malpractice shall be deemed to accrue “when the damage resulting therefrom is sustained and is capable of ascertainment.” But when is damage “sustained and capable of ascertainment”?