Legal Question in Legal Malpractice in California

If a Plaintiff's attorney abandons their case (due to conflict of interest) in June and the Trial court enters judgment in November (when Plaintiff's attorney has long been gone for months), when does the Statute of Limitations for Legal Malpractice begin? In June (when the client first knew Attorney committed Malpractice) or November (when Judgment was entered, and Plaintiff suffered Actual Injury)?


Asked on 11/22/14, 1:53 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Your question omits quite a bit of information. 1) Had the lawyer formally substituted out of the case in June? If so, the lawyer would have notified you that the lawyer no longer represented you and you would have had time to obtain another lawyer or ask the court to continue the trial. 2) If the lawyer just walked away without telling you anything and you heard nothing further the timeline gets more complicated. A response here would be insufficient and ill-advised without further information. You should quickly consult another attorney in person to protect your rights. There might even be a way to revitalize your case depending on the facts since judgment was just entered. Do not wait to take action!

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Answered on 11/23/14, 1:39 pm


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