Lawyeringlaw.com Tip of the Month

Tip for May 2014

Be careful when entering into Tolling Agreements

A lawyer may be asked by a former client to toll the statute of limitations on claims the client believes he or she may have against the lawyer. Sometimes the former client needs time to investigate the facts, and sometimes the client will not know if he or she is damaged until a certain judicial proceeding has concluded. Decisions as to whether or not to agree to toll the statute of limitations should be made on a case-by-case basis. If a lawyer does agree to enter into a Tolling Agreement, however, the lawyer should make sure, among other things, that any such agreement does not contain an admissions of wrongdoing and does not purport to revive any claims that are (or may be) already barred by the statute of limitations or other time-related defenses.