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Legal Malpractice Law Keyed to Fortney, 3rd Ed.
DeLeo v. Nusbaum
Citation:
263 Conn. 588, 821 A.2d 744 (2003)Facts
David DeLeo brought a legal malpractice action against attorney Edward Nusbaum and his law firm, alleging they negligently represented him in a divorce proceeding. Specifically, DeLeo claimed the defendants negligently entered into a stipulated agreement that permitted only supervised visitation with his children. The malpractice action was commenced on June 27, 1996. The allegedly negligent acts occurred in 1992, more than three years before the lawsuit was filed. The defendants moved for a directed verdict, arguing the claim was barred by Connecticut’s three-year statute of limitations for tort actions. DeLeo countered that the statute should be tolled under the continuous representation doctrine. On June 22, 1993, DeLeo had written a letter to his wife stating his lawyer “has not done much better” and mentioned “malpractice.” The defendants represented DeLeo at a deposition on June 28, 1993, filed a motion to withdraw on June 30, 1993, which was granted on July 6, 1993.
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