QUESTION
can I counter sue my lawyer for malpractice while he is suing me for his fees
Asked on Dec 26th, 2015 on Legal Malpractice - Ohio
More details to this question:
my lawyer is suing me for his fees. I think he committed malpractice. the malpractice would be over 1 year ago. I have not filed the suit before now. can I counter sue for malpractice in my answer to his claim or have I waived my right to file that claim? if I cannot counter sue with malpractice can I use it as a defense in my answer of why I am not paying?
1 ANSWER
Legal malpractice claims in Ohio have a one (1) year statute of limitation begining the later of the date of the malpractice, the date you learned of the malpractice, or the date the attorney/client relationship ended.
Whether the statute of limitation has run is a question of fact depending on all of the circumstances.
You can assert malpractice as s defense.
Answered on Dec 28th, 2015 at 6:44 AM
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