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On March 16, 2021, Ohio Governor Mike DeWine signed Senate Bill 13, which will amend R.C. 2305.11 and enact R.C. 2305.117 to create a four-year statute of repose for legal malpractice actions effective June 14, 2021.
The statute bars any action upon a legal malpractice claim if the action is not commenced within 4 years after the occurrence of the act or omission that is the basis of the claim. The statute contains only limited exceptions for claims by minors and those of unsound mind.
(1) No action upon a legal malpractice claim against an attorney or a law firm or legal professional association shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the legal malpractice claim.
To file a grievance against an attorney, please contact the Ohio Board of Professional Conduct or the Office of Disciplinary Counsel. The disciplinary process, i.e., a grievance, will not affect or change court or other decisions made in a case.
To succeed in a legal malpractice action in Ohio, the aggrieved party must satisfy three requirements. It must be established that: (1) an attorney-client relationship existed which gave rise to a duty; (2) there occurred a breach of that duty; and (3) damages were proximately caused by the breach.
Someone who believes that he or she has become the victim of legal malpractice must prove the attorney acted in a manner that no other reasonable attorney would have acted. A person suing for malpractice must demonstrate that ?but for? the conduct of his or her attorney, the case's outcome would have been different.