What is the statute of limitations on legal malpractice?

If you feel that you have a malpractice case against your lawyer in California, then it is important you understand the concept of the statute of limitations. This is the time in which you have to file your case. If you fail to file within the statute of limitations, you no longer can do it and lose all rights to sue for malpractice for this situation.

According to the San Diego County Bar Association, as soon as you realize there has been an action that could be considered malpractice, you have one year to start a lawsuit in the matter. What this means is when you suffer from the action or you should have reasonably noticed something was wrong, you have a year to do something about it. 

There have been quite a few lawsuits trying to figure out exactly when the timer begins on the statute of limitations. Some have argued it should not begin until you obtain a new lawyer to begin the lawsuit, but the courts do not agree. They hold a trigger of some damage is what begins the timer.

In any case, if you feel as if your lawyer has not lived up to professional standards or otherwise violated ethical standards, then you should not hesitate to seek help and take your former attorney to court. Even attorneys are at risk because if they find a mistake by your former lawyer, it is their duty to inform you because they could be held responsible if they do not. This information is educational only and is not intended as legal advice.