How to sue your lawyer in Arkansas.

The Arkansas Supreme Court applies the three year statute of limitations in Ark. Code Ann. § 16-56-105(3) to legal malpractice. In Nichols v. Swindoll, 2023 Ark. 97, the court restated the rule: the period is three years and, absent concealment, it begins to run upon the occurrence of the wrong. It relied on Delanno, Inc. v. Peace (2006) and Goldsby v. Fairley (1992). In Arkansas, the 3 year deadline to sue a lawyer starts on the date of the negligent act or omission, not the date you discover it.

• No discovery rule. Arkansas courts have refused to adopt one for lawyers, reasoning that a lawyer could otherwise be forced to defend work done decades earlier.
• No continuous representation rule. Because the clock runs from the wrong itself, the fact that the same lawyer keeps working on your matter does not stop it. We found no Arkansas decision adopting that doctrine.
• Fraudulent concealment. Concealment suspends the statute until you discover the fraud or reasonably should have.

The concealment exception got stronger in 2023. On rehearing in Nichols v. Swindoll, 2023 Ark. 146, the Supreme Court held that because a lawyer owes a client a fiduciary duty, silence can amount to a positive act of fraud. The lawyers there had missed a service deadline and allegedly kept filing futile motions so the malpractice deadline would pass. Since Nichols v. Swindoll (2023), an Arkansas lawyer's silence about their own malpractice can amount to fraudulent concealment that pauses the 3 year clock. See our deadline table to compare states.

Arkansas deadline rules at a glance

An Arkansas malpractice plaintiff generally must prove that the lawyer was negligent, meaning they failed to meet the standard of care, and that the negligence caused real damages. When the mistake happened in a lawsuit, that usually means proving the case within a case: you would have won, or won more, if the lawyer had done the job right.

Arkansas has no statute requiring a certificate of merit before you sue a lawyer. But Arkansas courts generally require an expert witness to show the lawyer fell below the standard of care, unless the conduct is so clear that a person who is not a lawyer can recognize it (Grassi v. Hyden, Ark. App. 2010). Arkansas lawyers are also not liable for mere errors of judgment, such as an opinion on a point of law the Arkansas Supreme Court has not settled. An Arkansas legal malpractice claim must be filed within 3 years of the mistake and must show both a lawyer error and a different outcome.

Arkansas also limits who can sue. Under Ark. Code Ann. § 16-22-310, a lawyer generally is not liable to people who were not clients, unless the lawyer committed fraud or knew the client's main purpose was to benefit that particular person. That privity rule matters for heirs and business partners who never hired the lawyer themselves.

A lost case, a disappointing settlement, or a reasonable strategy that did not work is not automatically malpractice. Our guides on what is not malpractice and malpractice experts explain the line.

Damages usually mean the money you lost because of the mistake: the recovery you would have won in the original case, extra fees you paid another lawyer to fix the problem, or the value of a deal or right the lawyer let slip away. A clear error that caused no measurable loss usually does not support a malpractice claim.

Many states require a former criminal defendant to have the conviction overturned, and sometimes to prove actual innocence, before suing a defense lawyer. We did not find a controlling Arkansas appellate decision setting that rule, so treat it as unsettled. Because Arkansas runs its 3 year malpractice clock from the date of the mistake, a former defendant who waits for post-conviction relief risks losing the claim.

Post-conviction claims of ineffective assistance are a separate process in the criminal courts. See criminal defense malpractice and talk to a lawyer early.

We did not find a statewide fee arbitration program run by the Arkansas courts. Ask the Arkansas Bar Association or your local bar whether a fee dispute service is available. Otherwise, a fee fight usually means negotiating, small claims court, or a regular lawsuit. Our fee dispute guide and small claims guide cover the options.

If your lawyer took your money, Arkansas's client protection fund is administered by the Arkansas Supreme Court's Client Security Fund Committee, with staff support from the Office of Professional Conduct. Under the Arkansas Client Security Fund rules, no claim can be allowed for more than $100,000, and every payment is a matter of grace, not of right. The committee decides which claims to pay and in what order, depending on the money available. See stolen client funds.

Lawyer discipline in Arkansas is handled by the Office of Professional Conduct, which serves the Arkansas Supreme Court Committee on Professional Conduct. You start a bar grievance with the grievance form posted on the office's page, either printed and mailed or filled in and emailed. The office is at One Capitol Mall in Little Rock, and it posts attorney discipline decisions online.

A grievance can lead to discipline as serious as suspension or disbarment, but it is not a lawsuit. An Arkansas grievance does not stop your 3 year malpractice clock and cannot award you damages. If you lost money, you may need a grievance, a Client Security Fund claim, and a malpractice suit at the same time. Read malpractice vs. a bar complaint.

1. Find the date of the mistake. In Arkansas that date, not your discovery date, usually starts the clock.
2. Write down every time the lawyer told you things were fine, since concealment may extend your time.
3. Request your client file in writing. See how to get your case file.
4. Talk to a lawyer who handles malpractice claims right away.

What to gather before you talk to a lawyer

• The engagement letter or fee agreement.
• Every bill and proof of payment.
• Emails, texts, and letters with the lawyer, especially anything about deadlines or case status.
• Court papers from the original matter, including any dismissal order or judgment.
• A short timeline: when you hired the lawyer, when the mistake happened, when you found out, and when the lawyer stopped working for you.

A malpractice lawyer will usually check that timeline against the Arkansas deadline first, because a late claim cannot be saved no matter how strong it is.

If you think your lawyer's mistake cost you, a free case review takes about two minutes and can connect you with an independent attorney who handles legal malpractice claims in Arkansas.