Tag Archives: statute of limitations
What Are “Legal Services” For Purposes of the Statute of Limitations on Legal Malpractice?
THE STATUTE OF LIMITATIONS FOR LEGAL MALPRACTICE California Code of Civil Procedure Section 340.6 says that if a lawyer engages in wrongful acts (or omissions) that constitute malpractice, the injured plaintiff generally* must bring a civil action against the lawyer within the earlier of: One year after the plaintiff first discovers the facts that… Read More »
What is the Statute of Limitations on Legal Malpractice?
WHAT IS A STATUTE OF LIMITATIONS? A “statue of limitations” is a law that establishes the period during which a lawsuit or other claim can be brought against a wrongdoer. Phrased differently, a statute of limitation establishes the deadline before which a claim must be made, and a lawsuit filed. When the deadline in… Read More »
What is a Statute of Limitations?
STATUTES OF LIMITATION LIMIT THE TIME A PERSON HAS TO BRING A LEGAL CLAIM OR ACTION Generally speaking, the law favors certainty. For this reason, the law disfavors people being required to defend a lawsuit after too much time has expired. When lawsuits are not brought within a reasonable time, it becomes more difficult… Read More »
What Are the Elements of Attorney Fraud?
People often use the word “fraud” to describe a variety of actions, words, and activities that fall short of legally-recognized “fraud.” When considering a claim against a lawyer, a client (or former client) should be aware that “fraud” has a legal definition–and test–when applied to a lawyer’s conduct. LAWYERS CAN BE SUED FOR FRAUD,… Read More »
Other Situations that Toll the Statute of Limitations on Malpractice
In addition to the situations we’ve discussed in previous posts, California law recognizes a few additional, special situations where the statute of limitations for filing a legal malpractice action is tolled. To briefly review before we look more closely at these situations: — A Statute of Limitations is a law (a “statute”) which limits the amount of time… Read More »
Tolling the Statute of Limitations During Continuing Representation
GENERALLY, THE STATUTE OF LIMITATIONS IS TOLLED FOR THE DURATION OF THE ATTORNEY’S REPRESENTATION OF THE CLIENT.* *However, some exceptions do exist, as we will discuss below. The statute of limitations on malpractice is generally tolled for the duration of the attorney’s representation of the client in the ongoing matter where the malpractice occurred…. Read More »
Understanding the Statute of Limitations in Legal Malpractice Cases (Part 1)
WHAT IS A STATUTE OF LIMITATIONS? A statute of limitations is a law (a “statute”) that limits the amount of time a plaintiff has to bring a legal claim against a defendant. In cases involving legal malpractice (professional negligence) the statute of limitations controls how much time the allegedly injured plaintiff has to bring a case… Read More »
Statutes of Limitations on Malicious Prosecution Actions
What is a Statute of Limitations? A “statute of limitations” is a law (a “statute”) describing the length of time a plaintiff has to bring a lawsuit or claim. After the end of the period named in the statute, the plaintiff’s claim is “barred” and normally the plaintiff loses the right to sue and recover… Read More »
Tolling the Statute of Limitations on Legal Malpractice Claims
As we discussed last week, the “statute of limitations” is a law that provides a limitation period for the commencement of malpractice claims. Claims must be filed within the period stated in the law (or fall within an exception) or the plaintiff cannot recover. For this reason, it’s critical that plaintiffs must not delay in… Read More »
Don’t Delay and Lose Your Rights: the Statute of Limitations on Legal Malpractice
WHAT IS A STATUTE OF LIMITATIONS (And why should you care)? A “statute of limitations” is a law (a “statute”) which establishes the amount of time a plaintiff has to file a lawsuit in a specific type of case. Different types of claims have different “limitation periods,” though many California statutes of limitations specify 1-3… Read More »
