California | Legal Malpractice
Legal Question
how long do i have to file a malpractice suit on a attorney
Share This On:
Legal Answer
|
Read More Answered By: Robert F. Cohen |
Code of Civil Procedure section 340.6 states as follows:
(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In no event shall the time for commencement of legal action exceed four years except that the period shall be tolled during the time that any of the following exist:
(1) The plaintiff has not sustained actual injury;
(2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred;
(3) The attorney willfully conceals the facts constituting the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation; and
(4) The plaintiff is under a legal or physical disability which restricts the plaintiff's ability to commence legal action.
(b) In an action based upon an instrument in writing, the effective date of which depends upon some act or event of the future, the period of limitations provided for by this section shall commence to run upon the occurrence of such act or event. |
Share This On:
Top Attorneys in CA
Nelson & Lawless
Huntington Beach, CA
Questions Answered: 13885
Last Question Aswered on: 2012-05-25
Libris Solutions - Dispute Resolution Services
Walnut Creek, CA
Questions Answered: 10416
Last Question Aswered on: 2012-05-26
Law Office of Robert F. Cohen
San Francisco, CA
Questions Answered: 6348
Last Question Aswered on: 2012-05-26
www.SelikLaw.com
San Diego And Las Vegas, CA
Questions Answered: 2000
Last Question Aswered on: 2012-05-18
Larry Rothman & Associates
Orange, CA
Questions Answered: 1596
Last Question Aswered on: 2012-02-27
James E. Smith Ltd.
Las Vegas, NV
Questions Answered: 1456
Last Question Aswered on: 2012-05-25
The Law Office of Daniel Bakondi, APLC
San Francisco, CA
Questions Answered: 1146
Last Question Aswered on: 2012-01-03
San Diego Law Office
San Diego And Los Angeles, CA
Questions Answered: 593
Last Question Aswered on: 2012-05-23
Donner & Donner
Westlake Village, CA
Questions Answered: 593
Last Question Aswered on: 2012-04-11
'Isi Mataele Attorney at Law
San Diego, CA
Questions Answered: 430
Last Question Aswered on: 2011-12-13
Search Questions and Answers