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A Lawyer's "Continuing Wrong" Will Extend Time For Filing Client's Suit

The deadline or statute of limitations for legal malpractice and breach of fiduciary duty claims by a client against an attorney in New York, is three years from the date of the wrongdoing; or, in the event of continuing representation, three years from the last date of continuous representation. On July 25, 2017 the Appellate Division, First Department upheld the dismissal of a legal malpractice claim as untimely but allowed the breach of fiduciary claim against the law firm to proceed to trial finding that evidence of a "continuing wrong" for years after the attorney-client relationship had ended altered the statute of limitations. The Court held: " Where there is a series of continuing wrongs, the continuing wrong doctrine tolls the limitation period until the date of the commission of the last wrongful act."

This ruling revived a $2.8 million suit against Willkie Farr & Gallagher by a former client who claimed the firm breached its ethical duties due to a conflict of interest. The Willkie firm represented a former co-manager of a financial services firm who had been accused of regulatory violations. Shortly after accepting the former co-manager as a client, Willkie also agreed to represent his former employer. A disciplinary proceeding against the individual was ultimately dismissed and both the individual and his former employer were eventually absolved of any wrongdoing. However, a breach of fiduciary duty claim was supported by a letter Willkie sent to the regulatory authority which "appeared to shift to plaintiff all or most of the responsibility for any alleged violations of FINRA's rules." Palmeri v Willkie Farr & Gallagher, 2017 WL 3136664

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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