John Paul Mcclung v. Robert C. Johnson Book Reviews

John Paul Mcclung v. Robert C. Johnson by Court of Criminal Appeals of Texas Book Summary

This is a legal malpractice case in which summary judgment was granted on the ground that plaintiffs cause of action was barred by the two-year statute of limitations. Plaintiff McClung appeals asserting that a question of fact was presented regarding the time of accrual of his cause of action. He contends that the discovery rule applies to actions arising out of the attorney-client relationship, and, alternatively, that a fact question is raised as to whether defendant fraudulently concealed facts which, if revealed, would have demonstrated to plaintiff that he had not been advised of his rights and that his rights had not been protected. We hold that a cause of action for legal malpractice accrues when the act or default occurs and damages are ascertainable; but that, while the attorney-client relationship exists, the statute is tolled by the attorneys failure to disclose material facts to his client. Because the relationship ceased more than two years before suit was filed, and no affirmative act of concealment thereafter is shown, the action is barred. Accordingly, we affirm.

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John Paul Mcclung v. Robert C. Johnson (Court of Criminal Appeals of Texas) Book Reviews 2024

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