How to sue your lawyer in Michigan.

Three statutes set the deadline. MCL 600.5805(8) says "the period of limitations is 2 years for an action charging malpractice." MCL 600.5838 decides when that period starts and adds a discovery extension. MCL 600.5838b adds an outer limit just for lawyers.

The last day of service

Under MCL 600.5838(1), a malpractice claim "accrues at the time that person discontinues serving the plaintiff in a professional or pseudoprofessional capacity as to the matters out of which the claim for malpractice arose, regardless of the time the plaintiff discovers" the claim. In effect, Michigan builds continuous representation into the statute: the two years do not start while the lawyer is still handling the matter.

In Gebhardt v. O'Rourke, 444 Mich. 535 (1994), the Michigan Supreme Court held that "the Legislature intended that the last day of service be the sole basis for determination of accrual." The client there argued her claim did not accrue until her acquittal became final on appeal. The court disagreed and held the suit was late.

The six-month discovery extension

Under MCL 600.5838(2), you may instead sue "within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later." You carry the burden of proving you did not and should not have discovered the claim at least six months before the two years ran out. This is Michigan's version of the discovery rule, and it is narrow.

The six-year cap

MCL 600.5838b is a statute of repose for lawyers. A legal malpractice action "shall not be commenced after" the earlier of the limitations period or "six years after the date of the act or omission that is the basis for the claim." In Michigan, no legal malpractice suit may be filed more than six years after the lawyer's act or omission, no matter when you discovered it.

In Charles Reinhart Co. v. Winiemko, 444 Mich. 579 (1994), the Michigan Supreme Court restated the four elements from Coleman v. Gurwin, 443 Mich. 59 (1993): "(1) the existence of an attorney-client relationship; (2) negligence in the legal representation of the plaintiff; (3) that the negligence was a proximate cause of an injury; and (4) the fact and extent of the injury alleged."

To win a Michigan legal malpractice case, you must prove an attorney-client relationship, negligence, proximate cause, and the fact and extent of your injury. The court called proximate cause often the most troublesome element. Where the claim is a botched appeal, Reinhart applies the "suit within a suit" approach, the Michigan name for the case within a case.

Experts

In Law Offices of Lawrence J. Stockler, P.C. v. Rose, 174 Mich. App. 14 (1989), the Court of Appeals said that in a malpractice action "expert testimony is usually required to establish a standard of conduct, breach of that standard of conduct, and causation." The exception is care so plainly lacking that an ordinary layperson can see it. In Stockler, the lawyer failed to file a required court document, which led to a default judgment, and the court held no expert was needed. In Michigan, a legal malpractice plaintiff usually needs an expert witness, unless the lawyer's carelessness is obvious to an ordinary layperson.

We found no certificate of merit requirement for suits against lawyers in Michigan. See our expert witness guide.

We did not find a published Michigan Supreme Court decision adopting or rejecting an exoneration or actual innocence requirement for suits against criminal defense lawyers, so treat that question as unsettled. The timing rule is settled. Gebhardt was itself a criminal case, and the court refused to delay accrual until the client's acquittal became final. In Michigan, the two-year clock for suing a criminal defense lawyer starts on the lawyer's last day of service, not when the criminal case ends in your favor. If post-conviction work is ongoing, talk to a malpractice lawyer about filing on time. See criminal defense malpractice and ineffective assistance vs. legal malpractice.

Michigan's fee arbitration route runs through the discipline system. According to the Attorney Discipline Board, if the lawyer and client both ask in writing, the Grievance Administrator may assign a fee dispute to a volunteer attorney for arbitration. There is no fee, but both sides must agree to be bound by the arbitrator's decision. See our fee arbitration guide.

If a lawyer took your money, the client protection fund is the State Bar of Michigan Client Protection Fund. It reimburses losses from lawyers who misappropriate estate and trust assets, settlement funds, and unearned fees. It does not cover malpractice, fee disputes, or consequential damages. The Michigan Client Protection Fund's current maximum is $150,000 per claim and $375,000 in total for all claims against one lawyer. The dishonest conduct generally must have been reported to the Attorney Grievance Commission or police, or made the subject of a lawsuit, within two years after it happened, or within six months after it was or should have been discovered if that is later. See how to get money back from a client protection fund.

The Michigan Attorney Grievance Commission (AGC) investigates complaints, which it calls a Request for Investigation. Anyone may file one by completing and signing the AGC form or sending a signed letter that describes the misconduct, including approximate time and place. The AGC does not accept requests by email or fax. Formal charges are heard by the Attorney Discipline Board.

A bar grievance is not a substitute for a lawsuit. The Attorney Discipline Board says the discipline process "is not the appropriate forum for resolving civil claims, including claims of legal malpractice." In some cases, such as embezzlement of client funds, a hearing panel may order restitution, but it will not award malpractice damages. A Michigan grievance does not stop the two-year malpractice clock or the six-year cap. See legal malpractice vs. a bar complaint.

Michigan does not require lawyers to carry malpractice insurance. We could not verify whether Michigan requires lawyers to disclose their coverage status, so ask the lawyer or the State Bar directly.

1. Find the lawyer's last day of work on the matter, such as a withdrawal letter or final bill. Count two years.
2. Find the date of the mistake itself. Count six years. The earlier deadline controls.
3. Request your complete client file in writing. See how to get your case file.
4. Talk to a malpractice lawyer well before either date.

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 Michigan who handles legal malpractice claims.