Legal Question in Legal Malpractice in California

Re: Statute of Limitations for Legal Malpractice

In general, you have a year. However, you will need pretty clear evidence of gross negligence to succeed. These claims are not 'lightly' made, and they will certainly be strongly defended. You are complaining after the fact of not getting enough in settlement; which is commonly viewed as 'buyers remorse' or 'sour grapes'. If you can actually support your contention of his mistake of the law, or worse yet his actual fraud in misleading you, then feel free to contact me to discuss your facts and damages.

Re: Statute of Limitations for Legal Malpractice

The applicable law is Code of Civil Procedure Section 340.6 which reads i part as follows: "An action against an attorney for a wrongful act or

omission, other than for actual fraud, arising in the performance of

professional services shall be commenced within one year after the

plaintiff discovers, or through the use of reasonable diligence

should have discovered, the facts constituting the wrongful act or

omission, or four years from the date of the wrongful act or

omission, whichever occurs first."

The statute goes on to create exceptions such a fraud by the attorney. Determining the exact time the statute runs on a legal malpractice claim is often very difficult, so you should consult a local attorney right away for further assistance.