Legal Question in Real Estate Law in California

Re: ''Claims Against Attorneys''

The statute of limitations for legal malpractice is 1 year from the date of discovery of the conduct constituting negligence, or 4 years from the date of the wrongful act, whichever is earlier. (This does not apply to claims of actual fraud by the attorney; there is a three year statute of limitations applicable to conduct constituting fraud; it is typically three years from the date that one discovered -- or should have discovered -- the facts constituting the fraud).

There are some exceptions to the rule. If you believe that you have a claim of malpractice against an attorney, you should seek out competent legal advice immediately. We are litigators with experience in creditors' rights, real estate and business litigation. If you believe that your prior attorney committed malpractice, then if/when you are ready to proceed, please feel free to call or email.

Re: ''Claims Against Attorneys''

The running of the time is tolled (the clock is stopped) during the time the attorney continues to represent the client in the matter where the malpractice is to be asserted. There are also other circumstances that toll (extend) the limitations period. See Code of Civil Procedure sections 340.6(a) and (b).

Re: ''Claims Against Attorneys''

If you are going to sue the attorney, the statute provided above governs, which is one year. There is case law that states that the policy of the appellate courts was to ensure that all claims against attorneys, including breach of fiduciary duty were governed by this statute.

The attorneys above mentioned tolling provisions. One of the notable that I know of was litigated in the Second District Court of Appeal by an attorney named Allan Grossman. "Section 340.6 tolls the one year statute, however, if the attorney continues to represent the client in the same 'specific subject matter' in which the negligence occurred." (Gold v. Weissman (2004) 114 Cal.App.4th 1195.

A lot of attorneys will not tell you this, but you can also contact the State Bar, if you have been defrauded out of money by an attorney's conduct. You can file a claim with the Client Trust Fund. They have an extended statute, and it comes out of our bar dues.

The courts claim that the Legislature wanted to reduce attorney's malpractice insurance by reducing the time period to one year, but frankly this does not make much sense. I know a lot of attorneys who do not carry malpractice insurance at all and they make tons of money, and live in pretty fancy houses.

Very truly yours,

Re: ''Claims Against Attorneys''

In general, you must file a claim for legal malpractice against an attorney within one year of the date that you discovered or should have discovered the malpractice. There are rules that can extend the statute of limitation such as fraud by the attorney, but you should consult a new attorney away if you feel you might have a claim for legal malpractice.