Legal Question in Legal Malpractice in California
legal malpractice
statue of limitations tolling when client me, distraut over granting of summary judgment, threatens attorney with malpractice without any knowledge of any actual wrong. Or the date the attorney gets a releas from me and files with court. Attorney kept malpractice hidden in case files and lied to me and the judge. He did not attend 6 depositions and did not get copies of 4 of them. When does tolling begin? Case law reference is desperately needed.
Judy
2 Answers from Attorneys
Re: legal malpractice
An excellent treatise on this is from the web site of Anders and Anders.http://www.andreslaw.com/legal-malpractice-faq.htm
You can find case law by visiting, or calling, your nearest law library. I refuse to look up case law, as I spend enough time on this site, without being remunerated.
Good luck, Judy.
Re: legal malpractice
You say, "[o]r the date the attorney gets a releas from me". Does this mean that your attorney has obtained a release of liability from you?
If so, any malpractice issue is likely moot.
Assuming you have not issued a broad release to your attorney, then malpractice liability, if any, accrues from the date of discovery of (or the date that you SHOULD have discovered) the acts constituting malpractice.
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