Legal Question in Legal Malpractice in California

can the Relation Back Doctrine bring back a cause of action for Legal Malpractice, (when amending the complaint, to add Legal Malpractice), so long its the same parties, offending instrument, same damages sought, same circumstances, etc.?


Asked on 2/07/15, 10:52 pm

1 Answer from Attorneys

Well of course you have recited the elements of the relation back doctrine and postulated that the situation meets them, so of course it would apply. The problem is, you don't actually provide any information about the previously pled causes of action or the grounds for the malpractice cause of action. So it is impossible to give any real answer. I can say, however, that legal malpractice is usually pretty much a "stand alone" tort. I'm having trouble imagining a scenario in which legal malpractice would be sufficiently connected to other torts as to be subject to relation back. But I suppose it is theoretically possible.

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Answered on 2/07/15, 11:26 pm


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