How to sue your lawyer in Iowa.

Iowa applies the 5-year statute of limitations in Iowa Code § 614.1(4) to legal negligence claims, as the Iowa Supreme Court confirmed in Vossoughi v. Polaschek, 859 N.W.2d 643 (Iowa 2015), and Skadburg v. Gately, 911 N.W.2d 786 (Iowa 2018). In Iowa, a legal malpractice claim must generally be filed within 5 years after the client suffers an actual injury and knows or should know of the claim.

Actual injury first

In Vossoughi, lawyers structured a sale without a mortgage or perfected security interest. The court held that insecurity alone is not an actual injury; the claim did not accrue until the buyers stopped paying. So the date of the mistake is not always the start date.

The discovery rule and its limits

Iowa has applied the discovery rule to legal malpractice since the 1970s, citing a client's right to rely on the lawyer's superior knowledge. But in Skadburg, the court held the clock started when the client was on inquiry notice, based on her own emails questioning the lawyer's advice, and her suit was too late. Under Iowa's discovery rule, the 5 years start once the client is on inquiry notice of the lawyer's mistake, not when the client fully understands it.

Continuous representation is unsettled

In Skadburg, the court said it had not addressed the continuous representation rule and declined to apply it because the client already knew of the negligence before the relationship ended. Do not count on staying with the lawyer to extend your time.

The court in Skadburg applied the 5-year period because no written contract was claimed. Iowa Code § 614.1(5) sets a longer period for written contracts; whether a written fee agreement changes the deadline in a given case is a question for a lawyer. We found no statute of repose for Iowa legal malpractice. See the 50-state deadline table.

Iowa defines legal negligence, quoting Millwright v. Romer, 322 N.W.2d 30 (Iowa 1982), as a lawyer's failure to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity commonly possess and exercise. You generally must show an attorney-client relationship, a breach of that standard of care, causation, and actual damages.

When the mistake happened in a lawsuit, causation usually means proving the case within a case. In Hook v. Trevino, 839 N.W.2d 434 (Iowa 2013), for example, the claim turned on whether the client could have recovered in the underlying case at all. See the case within a case explained.

Expert deadlines

Iowa has no certificate of merit for suits against lawyers, but it does have a strict expert deadline. Iowa Code § 668.11 applies to professional liability cases against licensed professionals. In an Iowa malpractice case against a lawyer, the plaintiff must certify any expert witness within 180 days of the defendant's answer, or that expert may be barred from testifying. Courts can extend the time for good cause. Because most malpractice claims need an expert on the standard of care, missing this date can end a case. See legal malpractice expert witnesses.

In Trobaugh v. Sondag, 668 N.W.2d 577 (Iowa 2003), the Iowa Supreme Court adopted the rule that a criminal defendant must achieve relief from the conviction before bringing a malpractice action against defense counsel. In Barker v. Capotosto, 875 N.W.2d 157 (Iowa 2016), it declined to add a second hurdle. In Iowa, a former criminal defendant must obtain relief from the conviction before suing defense counsel, but does not have to prove actual innocence.

The court reasoned that the relief requirement already screens out unwarranted claims, and that an extra actual innocence requirement would go too far. See criminal defense malpractice and ineffective assistance vs. legal malpractice.

Fee arbitration

The Iowa Judicial Branch directs disputes about the amount of a lawyer's charges to the Iowa State Bar Association's Fee Arbitration Service, at 515-243-3179. The Polk County Bar Association also runs an Attorney Fee Arbitration Committee that is informal, confidential, final, and free to both sides. The Polk County Bar Association fee arbitration committee can hear fee disputes from anywhere in Iowa if both the client and the lawyer agree. See attorney fee dispute arbitration.

Client Security Trust Fund

The Iowa Supreme Court's Client Security Trust Fund, run by the Client Security Commission (515-348-4670), reimburses losses when an Iowa lawyer acting as an attorney or fiduciary takes a client's money or property through dishonest conduct. It does not cover negligence. Filing is free and you do not need a lawyer. Except in unusual circumstances, a claim to Iowa's Client Security Trust Fund must be filed within 1 year after you discover the loss. Iowa Court Rule 39.9 has the commission set, by regulation approved by the supreme court, the maximum per claimant and per lawyer; payments are a matter of grace. See stolen client funds.

Ethics complaints go to the Iowa Supreme Court Attorney Disciplinary Board, using the court-approved complaint form, filed online or by mail. Identify the type of matter, the case name and number, and attach copies (not originals) of documents. Use a separate form for each lawyer.

The Judicial Branch notes that the disciplinary process is not a substitute for an appeal. An Iowa disciplinary complaint can lead to discipline, but it does not change the outcome of your case or pay you damages, and it does not stop the 5-year clock. For a negligence loss, the court's own guidance points to a claim with the lawyer's malpractice insurer or a malpractice suit. See legal malpractice vs. a bar complaint.

Iowa does not require lawyers to carry malpractice insurance, and we found no Iowa rule requiring lawyers to tell clients whether they have it. See does your lawyer have malpractice insurance.

1. Date the injury and the notice. When did you first lose money, and when did you first suspect the lawyer's advice was wrong?
2. Get your file. Request your complete client file in writing. See how to get your case file.
3. Plan for experts early. Under Iowa Code § 668.11, your expert must be certified within 180 days of the lawyer's answer, so line one up before filing.
4. Move fast on theft. The Client Security Trust Fund's 1-year window is much shorter than the malpractice deadline.

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 in Iowa who handles legal malpractice claims.