In Pennsylvania, the legal malpractice negligence statute of limitations is two years. The legal malpractice breach of contract limitation is four years. Those limitations begin upon the “occurrence” of the complained-of attorney negligence (i.e., liability). Those limitations are tolled by the discovery rule and its corollary, the doctrine of fraudulent concealment.
When there is a factual dispute as to the statute of limitations’ application, that dispute is resolved by a jury. Otherwise, the statute of limitations is resolved by the court. The strict application of Pennsylvania’s occurrence rule being tempered by equitable tolling is fact-specific.
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