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1380 REVIEW GRANTED In an action for attorney malpractice, actual injury occurs and the statute of limitations begins to run according to the following rules: If the result of litigation against a third party will determine whether malpractice occurred, there is no actual injury until disposition of that third party lawsuit. If the result of an underlying proceeding will have no bearing on whether malpractice occurred, a question of fact exists as to when actual injury occurred. If the attorney should have filed, but never did file, a lawsuit against a third party, actual injury occurred when the statute of limitations on the third party action ran out. <NOTE: These rules represent the Court's attempt to organize existing cases, but disagree with other authority.CitationJORDACHE v BROBECK (Late Tender) 49 CA4 609 [See: Laird v Blacker 2 C4 606; ITT v Niles 9 C4 245, T/AT 2/95; Adams v Paul 11 C4 583, T/AT 12/95; Gailing v Rose 43 CA4 1570, T/AT 5/96; VanDyke v Dunker 46 CA4 446, T/AT 7/96; Moss v Stockdale 47 CA4 494, T/AT 8/96]
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