Erickson v. Renda (Opinion)
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In this attorney malpractice case, the Supreme Court examined the reach of the Hughes tolling rule and rendered judgment dismissing the malpractice claim as untimely, holding that the malpractice claim was not tolled under Hughes, which applies when legal malpractice is committed in the prosecution or defense of a claim that results in litigation, because the legal advise at issue lacked the nexus required to come within the Hughes tolling rule.
Plaintiff's malpractice suit arose from legal advice Defendant reportedly provided in the summer of 2003. Defendant moved for summary judgment, asserting that Plaintiff's claims were barred by the two-year statute of limitations. The trial court granted summary judgment for Plaintiff. The court of appeals reversed, concluding that Hughes tolling does not apply to legal malpractice occurring in "mere transactional work." The Supreme Court affirmed, holding (1) legal work only incidentally related to activities undertaken to prosecute or defend a claim is not encompassed within the Hughes paradigm; (2) the legal advice Defendant provided was, at best, incidental and tangentially related to ongoinglLitigation; and (3) therefore, Hughes tolling did not apply, and plaintiff's malpractice lawsuit was untimely.
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