Tullar v. Walter L. Henderson, P.C
In Tullar v. Walter L. Henderson, P.C., 168 Ariz. 577, 816 P.2d 234 (App. 1991), the malpractice occurred when the Tullars hired an attorney to review their sales documents and assist with their closing, and the attorney failed to ensure that a note for the purchase was secured. Id. at 578, 816 P.2d at 235.
Although the Tullar malpractice did not occur in litigation the cause of action was held not to have accrued in Tullar upon the failure to obtain the security, or even upon default, but rather when the note became uncollectible, because only then was the client's loss certain. Id. at 578-79, 816 P.2d at 236-37.