Legal Question in Legal Malpractice in California

I have been sued by an attorney who was subsequently discovered to have mal-practiced in his representation of me in 2010. I cannot file a cross complaint because the statute of limitations has run on potential cross allegations (i.e. malpractice, breach of fiduciary duty, negligence, constructive fraud). Can I use these allegations as defenses in my answer to the attorney's complaint and then request a jury trial?


Asked on 3/11/14, 11:44 am

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Yes you can. You may want to consider whether or not you can file a cros-complaint for malpractice, fraud, etc, that may be limited to the amount of any recovery by the attorney.

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Answered on 3/11/14, 11:48 am
Stan Stern The Law Office of Stan Stern

Yes you can plus he should have sent notice of your right to elect fee arbitration. Of which you might wish to take advantage.

Stan Stern

310-487-9834

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Answered on 3/11/14, 1:49 pm


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