chasway said:
In the state of California, what is the Statute of Limitations for legal malpractice suits? Some time ago I sought advice on a real estate transaction and was told that I had a great case, but that the statute of Limitations was four years. I now find that the S. of L. is actually four years after the date of discovery - and by now the discovery date is more than four years ago. So I discovered this incompetance a few months ago. Where does this leave me?
My response:
Damages recoverable for legal malpractice may not exceed the actual loss caused by the attorney's negligence. [> Loube v. Loube (1998) 64 Cal.App.4th 421, 426, 74 Cal.Rptr.2d 906, 909]
California Code of Civil Procedure section
340.6.
(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In no event shall the time for commencement of legal action exceed four years except that the period shall be tolled during the time that any of the following exist: (1) The plaintiff has not sustained actual injury; (2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred; (3) The attorney willfully conceals the facts constituting the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation; and (4) The plaintiff is under a legal or physical disability which restricts the plaintiff's ability to commence legal action. (b) In an action based upon an instrument in writing, the effective date of which depends upon some act or event of the future, the period of limitations provided for by this section shall commence to run upon the occurrence of such act or event.
IAAL
