Huber v. MUES, 2012 Ohio 2540 – Ohio: Court of Appeals, 2nd Appellate Dist. 2012 – Google Scholar.
This case would have been timely in Illinois, or many other states, but it was filed in Ohio, which has a one-year statute of limitations for legal malpractice.
Ohio does observe the discovery rule: “Claims arising out of an attorney’s representation are legal malpractice claims regardless of how they are pled. Katz, Teller, Brant & Hild, L.P.A. v. Farra, 2d Dist. Montgomery No. 24093, 2011-Ohio-1985, ¶ 13. Therefore, Huber cannot avoid the statute of limitation by characterizing his claim as alleging ordinary negligence.
{¶ 11} The statute of limitation for legal malpractice is one year from when the client discovers or should have discovered that his injury is related to his attorney’s representation or when the attorney-client relationship terminates, whichever is later. Id.at ¶ 15.”
Edward X. Clinton, Jr.