How to sue your lawyer in Connecticut.

Legal malpractice is a tort claim, and Conn. Gen. Stat. § 52-577 says no action founded upon a tort shall be brought but within three years from the date of the act or omission complained of. In Connecticut, the 3 year deadline to sue a lawyer runs from the date of the act or omission, not from the date you discover it. Connecticut does not apply a general discovery rule to this statute, so a mistake you never saw can still become time barred.

The big exception is continuous representation. In DeLeo v. Nusbaum, 263 Conn. 588 (2003), the Connecticut Supreme Court held that the statute is tolled when the client shows (1) that the lawyer continued to represent them with regard to the same underlying matter, and (2) either that the client did not know of the alleged malpractice or that the lawyer could still mitigate the harm during the continued representation. The court said representation ends on formal termination, such as discharge, the end of the matter, or court-approved withdrawal, or on de facto termination, such as the client hiring another lawyer to evaluate a malpractice claim or filing a grievance. Under DeLeo v. Nusbaum (2003), Connecticut tolls the 3 year malpractice clock while the lawyer keeps representing you in the same matter and you either did not know of the mistake or the lawyer could still fix it.

Because the clock already runs from the act, there is no separate statute of repose. Contract claims have a six year period under Conn. Gen. Stat. § 52-576, but whether a claim against a lawyer can be treated as a contract claim depends on its facts. See the deadline table.

Connecticut deadline rules at a glance

A Connecticut plaintiff generally must prove an attorney-client relationship, a failure to meet the standard of care, causation, and damages. If the mistake cost you a lawsuit, you usually must prove the case within a case: that you would have done better with competent counsel.

Connecticut courts require an expert witness whenever the standard of care is beyond the experience of an ordinary fact finder. The only exception to Connecticut's expert rule is an obvious and gross want of care and skill by the lawyer, such as doing nothing when something was required. Courts have applied that rule even to claims pleaded as breach of contract when the real complaint is about the quality of the lawyer's work.

We found no certificate of merit requirement for suits against lawyers in Connecticut. Before you file, read what is not legal malpractice and our expert witness guide.

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.

In Taylor v. Wallace, 184 Conn. App. 43 (2018), a man serving a murder sentence sued the lawyer who handled his habeas case. The Appellate Court applied the reasoning of Heck v. Humphrey and held the claim was not ripe, because success would necessarily imply the conviction was invalid and the conviction had never been invalidated. In Connecticut, a malpractice claim that would imply a criminal conviction was wrong is not ripe until that conviction has been invalidated.

We did not find a Connecticut Supreme Court decision on whether the former defendant must also prove actual innocence. See criminal defense malpractice and ineffective assistance vs. malpractice.

The Connecticut Bar Association runs a Lawyer-Client Fee Dispute Resolution Program that offers mediation or fee arbitration. Either the lawyer or the client can file a petition. The Judicial Branch describes it as low cost and says the CBA can proceed only if both sides agree to use it. In mediation, a mediator helps you reach a deal; in arbitration, the arbitrator makes a binding decision. The Statewide Grievance Committee can also order a lawyer to take part in fee arbitration in some cases. See our fee dispute guide.

For stolen money, the Client Security Fund, administered by a committee of the Connecticut Judicial Branch, is the state's client protection fund. It reimburses losses from a lawyer's dishonest conduct in an attorney-client relationship, such as theft or embezzlement, and in limited cases unearned fees that were never refunded. The Connecticut Client Security Fund does not cover malpractice or negligence, and it rejects losses presented more than 4 years after they were discovered or should have been. See stolen client funds.

Connecticut lawyer discipline is a court-run process. You file a bar grievance complaint, which is free, and a local grievance panel investigates. If probable cause is found, disciplinary counsel presents the case and you can make a statement to the Statewide Grievance Committee. Once filed, a complaint cannot be withdrawn; the investigation belongs to the court.

A Connecticut grievance will not reimburse your fees, although the committee can sometimes order restitution or fee arbitration. Filing one can also end the continuous representation tolling under DeLeo, because it counts as a de facto end of the relationship. Read malpractice vs. a bar complaint first.

1. Find the date of the act or omission. In Connecticut that date usually starts the three years.
2. Note whether the same lawyer is still handling the matter, and when that ended.
3. Request your client file. See how to get your case file.
4. Talk to a malpractice lawyer before filing a grievance, since a grievance may end tolling.

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 Connecticut 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 Connecticut.