Texas PJC Malpractice 2022

N ONMEDICAL M ALPRACTICE —T HEORIES OF R ECOVERY

PJC 61.13

ute of limitations for a legal malpractice claim is two years. Willis , 760 S.W.2d at 644. The court has also held that the discovery rule applies to breach-of-fiduciary-duty claims. Willis , 760 S.W.2d at 645–46; Slay v. Burnett Trust , 187 S.W.2d 377, 394 (Tex. 1945). Further, the court has held that the discovery rule applies to fraud claims. Quinn v. Press , 140 S.W.2d 438, 440 (Tex. 1940), superseded by statute on other grounds as recognized in Williams v. Khalaf , 802 S.W.2d 651, 657 (Tex. 1990); see also S.V. v. R.V. , 933 S.W.2d 1, 6 (Tex. 1996). The statute of limitations for breach-of-fiduciary duty and fraud claims is four years. Tex. Civ. Prac. & Rem. Code §16.004(a)(4), (a)(5). Burden of proof. The client has the burden of pleading and proving facts that establish discovery and any other theory that suspends the operation of a statute of limitations. See Willis , 760 S.W.2d at 647 (negligence). Substitution of cause of action and limitations period. If the client’s claim is for breach of fiduciary duty and/or fraud, those claims and the appropriate limitations period for those claims should be substituted in place of negligence. If the evidence raises the discovery rule for more than one claim against the attorney, the committee recommends submitting separate discovery rule questions for each such claim.

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