How to sue your lawyer in Maryland.

Maryland has no statute written just for legal malpractice. Claims fall under the general three-year statute of limitations in Courts and Judicial Proceedings § 5-101, which says a civil action "shall be filed within three years from the date it accrues."

The statute does not define when a claim accrues, so the courts decide. In Frederick Road Ltd. Partnership v. Brown & Sturm, 360 Md. 76, 756 A.2d 963 (2000), Maryland's highest court, then called the Court of Appeals, explained that the discovery rule ordinarily applies to all actions governed by the three-year statute. The period does not start until the plaintiff discovers, or with due diligence should have discovered, the injury.

In Maryland, a legal malpractice claim must be filed within three years of when the client knew or should have known of the injury and its probable cause.

Trusting your lawyer counts

Frederick Road involved clients who did not realize for years that the malpractice belonged to one set of lawyers and not another. The court held a jury could find it reasonable that clients "untrained in the law and relying on the fiduciary relationship with their attorneys" failed to discover the claim sooner. That helps clients who relied on a lawyer's reassurances. But the court also said the trust cannot be blind.

Continuous representation

The clients in Frederick Road asked the court to adopt the continuous representation rule. The court decided the case on the discovery rule and the fiduciary relationship instead, without formally adopting it. We did not find a later Maryland appellate decision adopting the rule for attorneys, so treat it as unsettled. The Court of Special Appeals (now the Appellate Court of Maryland) has noted a related "continuation of events" accrual theory, but do not rely on it without advice.

No statute of repose

We found no statute of repose for legal malpractice in Maryland. The health care malpractice statute has a five-year outer limit, but it does not apply to lawyers. Parties can also sign a tolling agreement to pause the clock, as the parties did in Catler v. Arent Fox, LLP, 212 Md. App. 685 (2013).

Maryland courts list three elements. As the Court of Special Appeals put it in Berringer v. Steele, 133 Md. App. 442, 758 A.2d 574 (2000), a legal malpractice plaintiff must prove "(1) the employment of the lawyer, (2) the lawyer's neglect of a duty, and (3) loss to the client proximately caused by the neglect of duty."

To win a Maryland legal malpractice case, you must prove the lawyer was hired, the lawyer neglected a duty, and that neglect proximately caused your loss.

The trial within a trial

In Thomas v. Bethea, 351 Md. 513, 718 A.2d 1187 (1998), the court acknowledged criticism of the case within a case method but noted courts keep using it. The client there claimed her lawyer negligently recommended a settlement. The court upheld the verdict because a conceded expert's testimony supported the jury's finding that no reasonable attorney would have recommended accepting it.

Experts and filing requirements

Most Maryland malpractice cases rely on an expert witness to explain the standard of care and causation. We found no certificate of merit requirement for suits against lawyers. See our expert witness guide and case within a case explainer.

In Berringer v. Steele, the Court of Special Appeals followed the majority of states. In Maryland, a former criminal defendant must obtain post-conviction relief before recovering for malpractice by a defense lawyer, but must still file within the three-year limitations period. The court recognized this may mean filing the malpractice suit before post-conviction proceedings end, and said a court should not simply dismiss that suit for lack of relief if doing so would let limitations expire. The court also allowed claims about sentencing errors to go forward. See criminal defense malpractice and ineffective assistance vs. legal malpractice.

For a billing dispute, Maryland's fee arbitration options depend on where the lawyer practices. The Maryland State Bar Association's Committee on Resolution of Fee Disputes handles disputes in every county except Baltimore, Montgomery, and Prince George's counties and Baltimore City. In those four jurisdictions, the MSBA directs you to the local bar association. See our fee arbitration guide.

If a lawyer stole from you, the client protection fund is the Client Protection Fund of the Bar of Maryland, formerly the Clients' Security Trust Fund. It reimburses losses caused by a Maryland lawyer's theft of client money, whether acting as a lawyer or a fiduciary. It does not cover malpractice. Claims to the Maryland Client Protection Fund must be filed within six months after you discover the theft, unless the Trustees allow a later filing. Payment on any claim is capped at 5% of the fund's net balance at the end of the month before the Trustees approve it. There is no filing fee, and lawyers may not charge you to help with a claim. See how to get money back from a client protection fund.

Maryland lawyer discipline is handled by the Attorney Grievance Commission and its Office of Bar Counsel in Annapolis. You download the Attorney Complaint Form, complete it, and mail it to the Office of Bar Counsel. Forms are available in English and Spanish.

A bar grievance is about protecting the public, not compensating you. Discipline can end in reprimand, suspension, or disbarment, but it will not undo the result in your case or pay your losses. A Maryland grievance does not stop the three-year clock on a malpractice suit, so file the lawsuit on time even while a complaint is pending. See legal malpractice vs. a bar complaint.

Maryland does not require lawyers to carry malpractice insurance, and we did not find a rule requiring disclosure to clients.

1. Write down the first date you suspected something was wrong. Count three years from there.
2. Request your complete client file in writing. See how to get your case file.
3. If the lawyer handled a criminal case, start post-conviction work and talk to a malpractice lawyer at the same time.
4. For theft, file with the Client Protection Fund within six months.

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 Maryland who handles legal malpractice claims.