Chris Luhrs and Dirk Holt of Holt Woods & Scisciani LLP recently obtained a CR 12 dismissal of a legal malpractice claim against their client on the basis that the action was barred by the statute of limitations.  The client – a practicing attorney – was originally sued in Superior Court for the alleged failure to properly handle a trial concerning a boundary dispute among residential neighbors.  The case was successfully transferred to private arbitration via a motion to dismiss in favor of arbitration, which was contemplated in the engagement agreement.  While the case may have been timely filed in the Superior Court, by the time the matter was filed in private arbitration, the statute of limitations had expired and the arbitration demand was therefore not timely.