Legal Question in Legal Malpractice in California

Statue of limitations for malpractice-sue after fee arbitration

divorce began 3/03. through lawyers negligence loss approximately 6000 of child support and daycare. I had proof of spouse falsely filling out assets and debts lawyer did nothing. Falsely accused of stealing money no defense. Later got another layers cost 3000 to correct all of the previous lawyers mistakes. State bar sent complaint form in 8/03 suggested I had a case for malpractice. Cant find lawyer to work for contingency basis. being sued for non-payment of fees. arbitration on 6/29. Can I sue for money losses? Can I file small claims for 5000?


Asked on 6/27/05, 8:07 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Statue of limitations for malpractice-sue after fee arbitration

No matter what court you sue in, you need testimony from another lawyer as an expert witness to establish that your lawyer was negligent and actually caused the damages that you are claiming.

Unless there is fraud involved, that statute of limitations for legal malpractice is 1 year from that you discovered or should have discovered the attorney negligence. This period is extended while the lawyer still represents you on the specific issue.

If you complained to the State Bar on 2003, I doubt that you still can bring your lawsuit for malpractice unless the lawyer continued to represent you. However, you can assert attorney malpractice as a defense in a fee arbitration even if you can no longer sue for the damages caused by the alleged malpractice.

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Answered on 7/09/05, 3:42 pm


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