Keonjian v. Olcott
In Keonjian v. Olcott, 216 Ariz. 563, 566, P 12, 169 P.3d 927, 930 (App. 2007) the Court found that an attorney's alleged malpractice occurred outside the scope of litigation..
In that case, when preparing a client's deed, the attorney gave the client a lesser interest, and her daughter a greater interest, than the client had intended. Id. at 564, P 2, 169 P.3d at 927.
The client sued her daughter to rectify the situation. Id. at P 4. The lawsuit between the client and her daughter was resolved by a settlement agreement. Id.
After the settlement, the client sued the drafting attorney for malpractice. Id. at P 5.
The Court found that the client's malpractice action was untimely, stating that the client "became aware or should have been aware of the cause of her harm" on the date when she filed the lawsuit against her daughter, not on the date that the client-daughter lawsuit was resolved. Id. at 566, P 14, 169 P.3d at 930.