Legal Question in Legal Malpractice in California

I sued my former attorney for missing the statute of limitations on a personal injury claim, etc. plus numerous ethics violations. I can no longer afford to finance the lawsuit and I am willing to dismiss each side to pay own costs and fees. He wrote an agreement stating that I waive all claims known or not and I want to file a claim with the State Bar. He says that the waiver won't prevent me from going to the state bar. Is that true?

Asked on 11/11/13, 1:58 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

That depends on the exact wording of the agreement.

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Answered on 11/11/13, 2:04 pm

Rob Reed Law Office of Robert A. Reed

For a waiver of costs settlement on a missed statute, I don't think there's a court or jury in the world who would side against you but nothing is stopping you from making that state bar claim before signing the settlement paperwork.

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Answered on 11/11/13, 4:42 pm

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