Appellate Practice Attorney serving New York, NY
The general answer to your question is yes, but in your particular example probably no.
Complaints usually have numerous causes of action in them, all based on pretty much the same set of facts. Thus, for example, if you claim that your lawyer has misappropriated some settlement money that he/she should have disbursed to you. you would allege claims sounding in conversion, breach of fiduciary duty, malpractice, breach of contract, and anything else you could think of which might fit. It is entirely possible that some of these claims will be dismissed because the statute of limitations on them has run, while others will survive because there are longer statutes of limitations for those claims.
However, in the particular malpractice area, the statute of limitations is probably uniform, whether the claim is based on tort or contract. I say this because, although I am not sure about Pennsylvania law, in New York there used to be a different statute of limitations for malpractice depending on whether the underlying claim was based on breach of contract or tort, but that law was changed so that the same limitations period now applies in either situation.
Incidentally, there is a "continuing representation" exception to the limitations period in NY malpractice cases, and I'm pretty sure in PA as well. The statute of limitations does not begin to run while your attorney continues to represent you. Thus, let's say that the attorney files a complaint too late and it is dismissed. The statute of limitions doesn't start when he/she first screws up, i.e. when the deadline for filing the complaint passed, but rather when he/she stops representing you in the case. Thus, let's say the deadline for filing is 1/1/10, the lawyer doesn't file until 2/1/10, the case is dismissed because it was filed too late on 5/1/10, the case is appealed and a decision affirming the dismissal is issued on 2/1/11, the lawyer writes a letter to the client on 2/5/11 explaining that the appeal has been lost but that there are still options, and the client fires the lawyer on 2/15/11. The limitations period would not begin to run until 2/15/11.
Answered on Nov 12th, 2013 at 11:53 AM