Legal Malpractice

Legal Malpractice - Frequently Asked Questions

How do I know if my attorney has committed legal malpractice?
Legal malpractice is a complicated subject even for attorneys. If you suspect that your attorney has failed in his duties in some way, it is best to consult with an experienced legal malpractice attorney right away. Don’t assume your attorney has (or has not) committed malpractice until you’ve obtained a qualified professional opinion from an experienced legal malpractice attorney. A legal malpractice attorney can tell you whether a mistake has been made and, more importantly, whether that mistake actually constitutes legal malpractice.

How soon do I need to file my complaint for legal malpractice?
Legal Malpractice victims in California typically have 1 year from the date on which they knew or should have known of the attorney’s negligence or four years from the date of the attorney’s wrongful act/omission, whichever comes first, to file suit against the attorney, subject to certain extensions and exceptions (for instance, where the attorney against whom the legal malpractice claim is made has continued to represent the client during the one year or four-year period).

The statute of limitations for a legal malpractice case is one of the more complex questions in professional negligence law. Once again, you should always consult with an experienced legal malpractice attorney before making any decision about asserting (or not asserting) a claim for legal malpractice. Don’t assume you have (or don’t have) a good case for legal malpractice without obtaining the advice of an experienced legal malpractice attorney.