A federal judge in West Virginia rejected an attorney’s motion to dismiss a legal malpractice suit filed against him as untimely, concluding that even though the statute of limitations technically expired on July 30, 2022, the plaintiff had an extra two days to file because the deadline fell on a weekend.

Dr. Randy Michael Brodnik, who specializes in the practice of obstetrics and gynecology, filed a legal malpractice and breach of contract complaint in the U.S. District Court for the Southern District of West Virginia against his former attorney, Paul J. Harris. The complaint accuses Harris of failing to provide competent representation when attempting to recover approximately $22,000 from three other attorneys who represented Brodnik in an underlying criminal tax evasion case in which he was acquitted.

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