KENTUCKY SURVEY ISSUE: ARTICLE: "Murky?" 1 Maybe! A Survey of Cases Interpreting Kentucky's Professional Malpractice Statute of Limitations Skip over navigation
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Copyright (c) 2011 Northern Kentucky University
Northern Kentucky Law Review

KENTUCKY SURVEY ISSUE: ARTICLE: "Murky?" 1 Maybe! A Survey of Cases Interpreting Kentucky's Professional Malpractice Statute of Limitations


Northern Kentucky Law Review

38 N. Ky. L. Rev. 333


The Honorable William O. Bertelsman* and Elizabeth Favret**


I. Introduction

A couple of months ago, the editors of the Northern Kentucky Law Review invited me to join with a student editor in writing an article for the Kentucky Survey issue. I gladly accepted. The editors stressed that the article should be a review of Kentucky law on a subject of practical interest to practicing attorneys. Coincidentally, at that time I was working on an opinion for a case that fit the editors' criteria exactly: Corporex Companies, LLC v. Proskauer Rose, LLP. 2 That case involved challenging issues in the application of Kentucky Revised Statute section 413.245, which is Kentucky's professional malpractice statute of limitations.

In Corporex, able attorneys for all parties presented strong arguments for different applications of this statute to the rather unusual facts before the court. I had not been confronted with the application of this statute for many years and was not familiar with recent precedents. I found that there were problems, especially in legal malpractice cases, in determining when a professional malpractice claim accrues. These problems concerned the application of the discovery rule provided for in the statute, the effect of the continuous representation rule, and other issues.

My research revealed that, despite the apparent simplicity of the statute, both federal and state courts had been struggling with its practical applications for many years. Because attorneys are genuinely interested in when they might be sued if they make an error, or when they may or must sue if retained to represent ...
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