SB-1296, As Passed Senate, October 17, 2012
September 20, 2012, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5838 (MCL 600.5838), as amended by 1986 PA 178,
and by adding section 5838b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5838. (1) Except as otherwise provided in section 5838a
or 5838b, a claim based on the malpractice of a person who is, or
holds himself or herself out to be, a member of a state licensed
profession 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 or otherwise has
knowledge of the claim.
(2) Except as otherwise provided in section 5838a or 5838b, an
action involving a claim based on malpractice may be commenced at
any time within the applicable period prescribed in sections 5805
or 5851 to 5856, or within 6 months after the plaintiff discovers
or should have discovered the existence of the claim, whichever is
later. The plaintiff has the burden of proving that the plaintiff
neither discovered nor should have discovered the existence of the
claim at least 6 months before the expiration of the period
otherwise
applicable to the claim. shall be on the plaintiff. A
malpractice
action which that is not commenced within the time
prescribed by this subsection is barred.
Sec. 5838b. (1) An action for legal malpractice against an
attorney-at-law, licensed in this state or elsewhere, or a law firm
shall not be commenced later than 6 years after the date of the act
or omission that is the basis for the claim.
(2) As used in this section, "law firm" means either of the
following:
(a) An organization that is engaged in the private practice of
law, including a partnership, sole practitioner with 1 or more
hired associates, professional limited liability partnership,
professional limited liability company, or professional
corporation.
(b) A legal services organization.