Q: What steps can I take to prevent my case from surpassing the deadline?
I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost. Additionally, he coerced me into having a sexual relationship with him in exchange for legal assistance. However, this incident occurred over a year ago. Does the one-year deadline take into account the most recent event, or should I consider the entire timeline?
He is now arguing that I missed the one-year deadline. What steps can I take to prevent my case from surpassing the deadline?
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A:
Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's misconduct continued over a period of time, the statute of limitations might be tolled, meaning the clock may pause, during the period of continued representation or concealment of facts by the attorney.
You should gather all documentation and evidence showing when you became aware of the misconduct, including any correspondence, notes, or records that indicate the timeline of events. This evidence will be crucial in establishing whether the statute of limitations should be tolled in your case. Additionally, if you can demonstrate that the attorney's misconduct continued over a period and you only became aware of it within the past year, this might support your position.
It's essential to act promptly and consult with a new attorney who can help you navigate this complex situation. They can assist in determining whether any exceptions to the statute of limitations apply to your case and help you present a strong argument against the opposing party's claim that you missed the deadline. This will increase your chances of moving forward with your lawsuit.
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