The Statute of Limitations on an Attorney Recovering Fees

The statute of limitations defines the maximum time limits for filing a lawsuit. The statute of limitations on an attorney filing a lawsuit to recover legal fees varies by state.

Contract

• The attorney may file a lawsuit to recover fees owed based on a breach of contract legal theory. The statute of limitations on a written contract suit generally ranges from three to six years. A suit based on an oral contract may be subject to a time limitation ranging between two and six years.

Time Begins

• The statute of limitations on a contract lawsuit begins to run at the time the cause of action accrues. The cause of action accrues at the time the breach of contract is made. The time starts to run when the payments due to the attorney were not received.

Tolling

• The statute of limitations can be tolled or stopped under certain circumstances. The time period will not run if the injured party is a minor or is suffering a mental disability. The statute of limitations is also tolled if the defendant files for bankruptcy.