On April 22, 2020, Jim Thomson obtained a favorable decision from the Idaho Supreme Court in Walsh v. Swapp Law, PLLC, 166 Idaho 629, 462 P.3d 607 (2020). The Walsh decision reaffirmed the statute of limitations in attorney malpractice cases. The Supreme Court held an action to recover damages for professional malpractice must be commenced within two years after the cause of action has accrued. According to Idaho Code § 5-219(4), the Supreme Court reasoned a legal malpractice claim begins to accrue at the time the negligent act or omission occurs and the former client experiences “some damage.” The Supreme Court also held that “some damage” must be damage that the client could recover from the professional. In doing so, the Supreme Court held that Walsh had suffered some damage more than two years prior to the filing of the suit against her former attorneys, and, therefore, her claims were time-barred.
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