What is the continuous representation doctrine in attorney malpractice?

California, United States of America


The following excerpt is from Shapero v. Fliegel, 191 Cal.App.3d 842, 236 Cal.Rptr. 696 (Cal. App. 1987):

The New York rule is explained in Muller v. Sturman (1981) 79 App.Div.2d 482, 437 N.Y.S.2d 205, 208: "In those cases where the continuous representation doctrine has been applied to attorney malpractice there are clear indicia of an ongoing, continuous, developing and dependent relationship between the client and the attorney often involving an attempt by the attorney to rectify an alleged act of malpractice [citations]." Further, "application of the continuous representation doctrine in attorney malpractice envisions a relationship between the parties that is marked with trust and confidence. It is a relationship which is not sporadic but developing and involves a continuity of the professional services from which the alleged malpractice stems." (Ibid.)

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