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University of Michigan Law School

Journal

1943

Ohio

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Attorney And Client - Malpractice - Accrual Of Action - Statute Of Limitations Feb 1943

Attorney And Client - Malpractice - Accrual Of Action - Statute Of Limitations

Michigan Law Review

Plaintiff, in March, 1934, while in the employ of a manufacturing concern, suffered severe injuries. In September, 1935, he employed the defendant, an attorney, to present and prosecute a claim for compensation. The claim was filed in March, 1937; it was dismissed by the Industrial Commission on the ground that it was barred by the two-year statute of limitations governing such claims. Apparently the attorney, continuing his efforts on behalf of his client, persuaded the employer to make a voluntary settlement, for the plaintiff alleges that, in May of 1940, he endorsed the employer's check over to the attorney, accepted …