§5605. Actions for legal malpractice
A. No action for damages against any attorney at law duly admitted to practice in
this state, any partnership of such attorneys at law, or any professional corporation,
company, organization, association, enterprise, or other commercial business or
professional combination authorized by the laws of this state to engage in the practice of
law, whether based upon tort, or breach of contract, or otherwise, arising out of an
engagement to provide legal services shall be brought unless filed in a court of competent
jurisdiction and proper venue within one year from the date of the alleged act, omission,
or neglect, or within one year from the date that the alleged act, omission, or neglect is
discovered or should have been discovered; however, even as to actions filed within one
year from the date of such discovery, in all events such actions shall be filed at the latest
within three years from the date of the alleged act, omission, or neglect.
B. The provisions of this Section are remedial and apply to all causes of action
without regard to the date when the alleged act, omission, or neglect occurred. However,
with respect to any alleged act, omission, or neglect occurring prior to September 7, 1990,
actions must, in all events, be filed in a court of competent jurisdiction and proper venue
on or before September 7, 1993, without regard to the date of discovery of the alleged act,
omission, or neglect. The one-year and three-year periods of limitation provided in
Subsection A of this Section are peremptive periods within the meaning of Civil Code
Article 3458 and, in accordance with Civil Code Article 3461, may not be renounced,
interrupted, or suspended.
C. Notwithstanding any other law to the contrary, in all actions brought in this
state against any attorney at law duly admitted to practice in this state, any partnership of
such attorneys at law, or any professional law corporation, company, organization,
association, enterprise, or other commercial business or professional combination
authorized by the laws of this state to engage in the practice of law, the prescriptive and
peremptive period shall be governed exclusively by this Section.
D. The provisions of this Section shall apply to all persons whether or not infirm
or under disability of any kind and including minors and interdicts.
E. The peremptive period provided in Subsection A of this Section shall not apply
in cases of fraud, as defined in Civil Code Article 1953.
Acts 1990, No. 683, §1; Acts 1992, No. 611, §1.