Ruf v. Belfance, 2013 Ohio 160

Ruf retained Belfance for divorce on 4/21/2005; divorce decree entered 6/28/2007; Belfance appealed but the appellate court declined merits due to missing exhibits; Ruf pursued discretionary Supreme Court review which declined jurisdiction on 7/9/2008.
Ruf, dissatisfied, consulted Rabb on 8/12/2008 and retained Rabb on 8/18/2008; Ruf signed Rabb’s retention letter and paid an $8,000 retainer on 8/19/2008.
Ruf did not inform Belfance of the new counsel; on 9/11/2008 Ruf and her Florida attorney met with Belfance; Ruf misrepresented that she had not retained other counsel.
Belfance withdrew as Ruf’s attorney with approval on 9/22/2008; Ruf later retained Koblentz to pursue malpractice claims against Belfance.
Ruf filed a legal-malpractice complaint on 9/2/2009; Belfance moved for summary judgment asserting the one-year statute of limitations on R.C. 2305.11(A) had expired.
The trial court granted summary judgment on statute-of-limitations grounds; the appellate court reviews de novo under Civ.R. 56(C).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the attorney-client relationship terminated for statute-of-limitations purposes.	Ruf contends termination was after 9/12/2008	Belfance argues termination occurred no later than 8/18/2008	Termination occurred no later than 8/18/2008; suit filed 9/2/2009 was untimely.

Zimmie v. Calfee, Halter & Griswold Co., 43 Ohio St.3d 54 (1989) (two factual determinations for accrual, including termination date)
Omni-Food & Fashion, Inc. v. Smith, 38 Ohio St.3d 385 (1988) (when client discovers injury and relationship ends, SOL accrues)
Smith v. Conley, 109 Ohio St.3d 141 (2006) (termination date governs SOL start; later case law)
Brown v. Johnstone, 5 Ohio App.3d 165 (1979) (consensual relationship; termination can be shown by conduct)
Vail v. Townsend, 29 Ohio App.3d 261 (1985) (tolling depends on continued relationship; termination signals end)