Effective: June 2, 2021
Latest Legislation: House Bill 133, Senate Bill 13 - 134th General Assembly
(A) Except as otherwise provided in this section, an action upon a legal malpractice claim against an attorney or a law firm or legal professional association shall be commenced within one year after the cause of action accrued.
(B) Except as to persons within the age of minority or of unsound mind as provided by section 2305.16 of the Revised Code, and except as provided in divisions (C) and (D) of this section, both of the following apply:
(1) No action upon a legal malpractice claim against an attorney or a law firm or legal professional association shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the legal malpractice claim.
(2) If an action upon a legal malpractice claim against an attorney or a law firm or legal professional association is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the claim, then, any action upon that claim is barred.
(C)(1) If a person making a legal malpractice claim against an attorney or a law firm or legal professional association, in the exercise of reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within three years after the occurrence of the act or omission, but, in the exercise of reasonable care and diligence, discovers the injury resulting from that act or omission before the expiration of the four-year period specified in division (B)(1) of this section, the person may commence an action upon the claim not later than one year after the person discovers the injury resulting from that act or omission.
(2) A person who commences an action upon a legal malpractice claim under the circumstances described in division (C)(1) of this section has the affirmative burden of proving, by clear and convincing evidence, that the person, with reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within the three-year period described in that division.
(D) An action upon a legal malpractice claim against an attorney or a law firm or legal professional association arising from an act or omission related to the attorney's, law firm's, or legal professional association's issuance of an opinion of title issued prior to June 16, 2021, shall be commenced within one year after the cause of action accrued without regard to when the act or omission constituting the alleged basis of the legal malpractice claim occurred.
Last updated June 15, 2021 at 5:03 PM
Structure Ohio Revised Code
Title 23 | Courts-Common Pleas
Chapter 2305 | Jurisdiction; Limitation of Actions
Section 2305.01 | Jurisdiction in Civil Cases - Trial Transfer.
Section 2305.011 | Standing of Nature or Ecosystem.
Section 2305.02 | Wrongful Imprisonment Claim.
Section 2305.03 | Lapse of Time a Bar.
Section 2305.04 | Recovery of Real Estate.
Section 2305.041 | Action for Breach of Oil or Gas Lease or License.
Section 2305.05 | Real Estate Dedicated to Public Uses.
Section 2305.06 | Contract in Writing.
Section 2305.07 | Contract Not in Writing; Statutory Liability; Consumer Transactions.
Section 2305.08 | Partial Payment.
Section 2305.09 | Four Years - Certain Torts.
Section 2305.091 | Asbestos Actions by School Districts.
Section 2305.10 | Bodily Injury or Injury to Personal Property.
Section 2305.101 | Limitation of Actions Against Dalkon Shield Claimants Trust.
Section 2305.11 | Time Limitations for Bringing Certain Actions.
Section 2305.111 | Assault or Battery Actions - Childhood Sexual Abuse.
Section 2305.112 | Actions Based on Identity Fraud.
Section 2305.113 | Medical Malpractice Actions.
Section 2305.114 | Partial Birth Feticide Actions.
Section 2305.116 | No Cause of Action for Failure to Perform Abortion.
Section 2305.117 | Action Upon a Legal Malpractice Claim.
Section 2305.12 | On Official Bond.
Section 2305.131 | Ten-Year Statute of Repose for Certain Premises Liability Actions.
Section 2305.14 | For Other Relief.
Section 2305.15 | Tolling During Defendant's Absence, Concealment or Imprisonment.
Section 2305.16 | Tolling Due to Minority or Unsound Mind.
Section 2305.17 | Commencement of Action.
Section 2305.18 | Summons on Corporation in Hands of a Receiver.
Section 2305.19 | Saving in Case of Reversal.
Section 2305.21 | Survival of Actions.
Section 2305.23 | Liability for Emergency Care.
Section 2305.232 | Immunity of Person Assisting in Clean-Up of Hazardous Material.
Section 2305.235 | Immunity of Person Involved With Providing Automated External Defibrillation.
Section 2305.236 | Immunity Concerning Domestic Violence Shelter Definitions.
Section 2305.238 | Immunity Where Tort Committed Off Domestic Violence Shelter Premises.
Section 2305.2311 | Immunity for Care Given in Disaster.
Section 2305.2341 | Medical Liability Insurance Reimbursement Program.
Section 2305.25 | Peer Review Committee Definitions.
Section 2305.251 | Peer Review Committee Immunity.
Section 2305.253 | Incident or Risk Management Report Not Admissible or Discoverable.
Section 2305.26 | Action to Enforce Lien - Limitations - Notice of Continuation.
Section 2305.31 | Promisee Indemnified Against Damage Liability.
Section 2305.32 | Sponsoring Employer in Ridesharing Arrangements Not Liable.
Section 2305.321 | Certain Equine Activities No Liability.
Section 2305.34 | Hydrant Failure of Nonprofit Corporation or Water and Sewer District No Liability.
Section 2305.35 | Donor Not Liable for Injuries to Gleaner.
Section 2305.38 | Uncompensated Volunteers of Nonprofit Charitable Organizations No Liability.
Section 2305.39 | Non-Responsible Persons Responding to Oil Spill Not Liable.
Section 2305.40 | Owner, Lessee, or Renter of Real Property Not Liable to Trespasser.
Section 2305.402 | Duties Owed to Trespassers.
Section 2305.41 | Duties to Disabled Persons Definitions.
Section 2305.42 | Identifying Devices.
Section 2305.43 | Duty of Law Enforcement Officer.
Section 2305.44 | Duty of Medical Practitioner.
Section 2305.45 | Duty of Others.
Section 2305.46 | False Identifying Information.
Section 2305.47 | Other Duties.
Section 2305.48 | Uniformity of Application.
Section 2305.49 | Title and Citation.
Section 2305.52 | Hold Harmless Clauses in Motor Carrier Transportation Contracts.