How to sue your lawyer in New Hampshire.

RSA 508:4, I provides that personal actions may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time, the action must be commenced within 3 years of when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship. In New Hampshire, a legal malpractice suit must be filed within 3 years, measured from the mistake or, if it was not reasonably discoverable, from discovery of the injury and its cause.

The New Hampshire Supreme Court applies RSA 508:4 to legal malpractice. In Therrien v. Sullivan, 153 N.H. 211, 891 A.2d 560 (2006), the court explained that a malpractice claim accrues when an attorney breaches a professional duty, damages occur as a result, and the client knows or should know of the injury and its cause. That is the discovery rule at work.

Continuous representation is unsettled

The continuous representation doctrine would pause the clock while the same lawyer keeps handling the matter. A 2010 Devine Millimet advisory reported that the New Hampshire Supreme Court had mentioned the doctrine twice without adopting it as a rule: once finding it did not apply because the clients had hired new counsel, and once declining to reach it because it was not preserved. A superior court judge has applied it. Treat it as unsettled.

No statute of repose

We found no statute of repose that caps legal malpractice claims in New Hampshire, so the discovery rule is the main limit. Compare other states on our statute of limitations table.

As the New Hampshire Supreme Court described the claim in Therrien, a legal malpractice plaintiff must prove an attorney-client relationship that created a duty of care, a breach of that duty, and resulting harm. A New Hampshire malpractice plaintiff must prove three elements: an attorney-client relationship with a duty of care, a breach of that duty, and harm caused by the breach.

New Hampshire courts, like courts everywhere, separate bad outcomes from bad lawyering. A lawyer who made a reasonable judgment call has not committed malpractice just because it did not work. Missed filing deadlines, ignoring your instructions, and settling without your authority are the kinds of problems that more often support a claim. See signs your lawyer is committing malpractice.

Harm in a lawsuit case usually means proving the case within a case, that the original matter would have come out better without the error. Our guide to what is not legal malpractice covers the gray areas.

Expert testimony

New Hampshire does not require a certificate of merit to sue a lawyer. Plan on needing an expert witness anyway: jurors are not lawyers, and in most cases someone qualified has to explain the standard of care and how it was breached. Our expert witness guide covers cost and timing.

New Hampshire sets two hurdles. In Mahoney v. Shaheen, Cappiello, Stein & Gordon, P.A. (N.H. 1999), the Supreme Court held that a criminal malpractice claim fails unless the client proves, by a preponderance of the evidence, actual innocence. Showing that better lawyering would have prevented a conviction is not enough. In Therrien (2006), the court added that the claim does not accrue until the defendant obtains postconviction relief overturning the conviction.

In New Hampshire, a former criminal defendant must win postconviction relief and prove actual innocence before a malpractice claim against defense counsel can succeed. Because the clock does not start until that relief, the 3-year period runs from then. See criminal defense malpractice and can you sue a public defender.

The New Hampshire Bar Association Dispute Resolution Committee tries to resolve disputes between clients and New Hampshire lawyers that do not rise to an ethics violation, including disagreements over fees and the scope of work. It is free and confidential. But participation is voluntary, so if the lawyer declines, the committee cannot continue. It also will not take disputes already in litigation or fees set by statute, rule, or court order. See our fee dispute guide.

If a lawyer stole or misappropriated your money, the bar's Public Protection Fund, established under New Hampshire Supreme Court Rule 55, may reimburse the loss. A claim to New Hampshire's Public Protection Fund must be filed within 3 years of discovering the theft, and never more than 1 year after the lawyer is suspended, disbarred, dies, or is found incompetent. Under the rule, reimbursement is capped at $250,000 per claimant per fund year, $250,000 for all claims against any one lawyer, and does not include interest or collection costs. See our client protection fund guide.

Grievances against New Hampshire lawyers go to the Attorney Discipline Office, part of the New Hampshire Supreme Court's attorney discipline system, which accepts them through an online system. It reviews conduct under the New Hampshire Rules of Professional Conduct.

The office says it will not advise you on your legal matter, will not resolve fee disputes, and does not provide financial reimbursement. A New Hampshire grievance can lead to discipline, but it will not recover your money or stop the 3-year malpractice clock. See how to file a bar complaint.

New Hampshire does not require lawyers to carry malpractice insurance, but its Rule of Professional Conduct 1.19 requires lawyers to disclose their coverage status to clients. Ask for it in writing.

1. Find the dates: when the lawyer made the mistake and when you first knew, or should have known, you were harmed by it.
2. Get your client file and billing records. Keep every letter, email, and court notice that shows when you first learned something was wrong. See how to get your case file.
3. Choose the right path: the Dispute Resolution Committee for bills, the Public Protection Fund for theft, the Attorney Discipline Office for ethics, and a lawsuit for losses caused by negligence.

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 New Hampshire who handles legal malpractice claims.