Legal Question in Real Estate Law in California

I recommend that you bring your malpractice attorney into the matter as soon as possible, for evaluation of your case, consultation regarding statutes of limitation, which are somewhat complex in malpractice cases (see Code of Civil Procedure section 340.6), and advice on the fee arbitration aspects.

You are required to bring all causes of action you have against another party arising out of the same transaction or relationship in one proceeding. That rule, however, is a little hard to apply to a fee arbitration versus malpractice scenario. You may be able to invoke arbitration for the fees and later sue, but you would be sure to at least have to fight about whether you had waived your malpractice claims by going to fee arbitration first. So rather than set yourself up for that fight, even though you might win it, it would be far better to proceed with the malpractice case immediately. Then, if you want to, you can stay the malpractice proceeding pending the fee arbitration, and then proceed with the rest of the case.