While most attorneys in California do their best to represent their clients in the most fair and ethical way possible, there are some professionals who do not always meet the standards that should be maintained in a legal case. If you feel that your lawyer made mistakes or failed to provide the service you needed in your case, you may have the option of bringing a lawsuit against him or her.
One of the first steps toward finding out whether or not you meet the qualifications for pursuing a lawsuit is knowing if you are within the required timeframe. According to California Legislative Information, you must be within the statute of limitations in order to open a case. A statute of limitations is the allowed amount of time that can pass before you file a case. When it comes to suing an attorney you must file a claim within one year from the time that you discovered the injustice and it must be less than four years since the wrongful act occurred, whichever occurs first.
There are some exceptions to this rule. If you are physically or legally unable to submit a claim, such as during a time period when you were incarcerated, this time period will be considered a pause in the statute of limitations. Criminal cases may also have different rules and may pause the statute of limitations while you prove your innocence to a judge.
Legal malpractice cases can ensure that you are fairly treated, even if your attorney did not perform as he or she should have. This information is intended for your education and should not be taken as legal advice.