Irvine, CA asked in Legal Malpractice for California

Q: I live in California. Question re SOL deadline

If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of operation or the first day you incurred damages?

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1 Lawyer Answer
Kenneth Sisco
Kenneth Sisco
PREMIUM
Answered
  • Legal Malpractice Lawyer
  • Norco, CA
  • Licensed in California

A: The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the SOL begins to run when you knew, or should have known that you were harmed. But even if the ordinary professional negligence SOL, has run, there are other things you can do, that have a longer SOL; for example, breach of contract, breach of fiduciary duty, or even fraud. Contact an attorney, so you can provide a complete description of the circumstances.

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