Legal Question in Legal Malpractice in California

The 1year statute of limitation for legal malpractice, is apparently only a basic/standard guideline, because there are obviously cases, where the victim suspects that the actions of their attorny, will result in serious negative consequence for which they will personally suffer from. When this is the situation a client is faced with, and having ultimately fired that previous lawyer, although the legal action for which they initially hired the negligent and unethical attorney to assist them in resolving continues and that's when their suspicions become a reality due to the monetary damages sustained. Would that be the begining of discovery and the 1 year statute begin?? If I weren't financially destroyed I wouldn't be asking for a free answer, sorry about that!


Asked on 8/11/10, 3:22 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

basic/standard guideline? No. Well settled law.

340.6. (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.

Once you knew or suspected malpractice, you had one year from that date to file. However, if the attorney continued to represent you, then you had to file within one year of that relationship ending, at the latest.

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Answered on 8/16/10, 4:52 pm


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