Q: When does malpractice take place? When an attorney lies about filing suit, or statue of limitations to file suit missed
Hired an attorney in 2014. He stated (repeatedly from 2014 to 2017) that he filed a case in state court. That case was not filed and his malpractice insurance ended in October 2016. I would like to file malpractice claim - given he lied about filing in state court. Does the malpractice begin with the first lie? Or, once a deadline is missed? He has been disbarred.
A: Malpractice is based on multiple elements, including a showing of damages. See: https://www.justia.com/injury/legal-malpractice/. You may also report the lawyer to the state bar for such deceit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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