When does the limitation period start to take legal action against his lawyer?

Following the divorce, the lawyer of one of the ex-spouses appeals the judgment. However, the magistrate noted by order on 9 October 2012 that this appeal had been made too late. Following this, the former husband terminated his collaboration with his lawyer by letter of 23 October 2012 and brought legal proceedings against him on 16 October 2017. The lawyer sets the limitation period for his action against his former client.

The case is brought before the Court of Appeal, which rules in favor of the lawyer and finds that the client's legal action is time-barred. It considers that the 5-year legal period the action commenced on 9 october 2012, the date of the order declaring the appeal to be null and void. The Court of Appeal therefore finds that the client acted too late in summoning his lawyer on October 16, 2017. The client appeals to cassation.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. She has reversed her case law and now considers that the time limit for bringing proceedings against her lawyer begins at the expiry of the time-limit for appealing against the decision which has ended the proceedings ; or to the the date on which the client's relationship with his lawyer ended.

Thus, in the present case, the Court of Cassation considers that the time limit for bringing proceedings against the lawyer began on the day on which the client had terminated his relationship with him, that is to say on 23 October 2012. Thus, the action of the client was not prescribed since the summons took place on October 16, 2017, that is 7 days before the expiry of this period of 5 years.