QUESTION

looking for way to get back into court after statue of limitations has passed.

Asked on May 26th, 2014 on Legal Malpractice - Washington
More details to this question:
Our attorney went against our written orders and gave a trust away prematurely. Before we found out she gave the trust, I had emailed her telling her to contact the escrow company to have them split out the interest on a note, which was due my mother. Attorney emailed that escrow wasn't capable. Ridiculous. Real reason, she had already given trust away. I had emailed her that once that trust was given away, the receivers would not pay a dime. That was 4 yrs ago. Wanted to sue attorney then but provable damages were nil. In 4 years we have not gotten a dime. Damages have now led to spending more to get the money coming back to my mom. In the hundreds of thousands now. How can I get back into court and sue the attorney? My mom has a trustee, since this all happened. Mom is incompetent now. if I were to show him the case against the attorney, it would be "new' or just discovered by him, thus statue of limitations would start now?
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1 ANSWER

Sound like the Statute of Limitations has run on the claim. The statute runs 3 years from when you discover (or should have discovered) the attorney was negligent not when some other attorney discovers the wrong.
Answered on May 26th, 2014 at 6:34 PM

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