Leighton Avenue Office Plaza, Ltd. v. Campbell
In Leighton Avenue Office Plaza, Ltd. v. Campbell, 584 So. 2d 1340 (Ala. 1991) the Court stated:
"The 'saving provision' applicable in fraud actions generally, Ala. Code 1975, 6-2-3, is also, under 6-5-574(b), applicable in legal malpractice actions based on allegations of fraud. Section 6-2-3 provides:
"'In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action.'
Thus, under 6-5-574(b), a legal malpractice action based on allegations of fraud must be commenced within two years after the discovery by the aggrieved party of the fact constituting the fraud; provided, however, that no action may be commenced more than four years after the act or acts constituting the fraud. The burden is on the plaintiff to show that he comes within the 6-2-3 tolling provision. Lowe v. East End Memorial Hospital, 477 So. 2d 339 (Ala. 1985). Russell v. Maxwell, 387 So. 2d 156 (Ala. 1980); Amason v. First State Bank of Lineville, 369 So. 2d 547 (Ala. 1979)." (584 So. 2d at 1344.)