If you have been misrepresented in a case or have been the victim of bad lawyering, you may feel like bringing a claim against the attorney who represented you. You may have even been wrongfully convicted of a crime you did not commit because of attorney negligence. When you feel as though you have been wronged, it is crucial that you bring the injustice to the attention of a legal malpractice attorney as soon as possible. In California, and in other states in the nation, there are deadlines to filing these types of claims. This is known as the statute of limitations and are dependent on the type of case you are presenting.
When you are involved in professional legal malpractice, you have one year from the discovery of the injustice and a maximum of four years from when the injustice occurred. There are, however, situations where the statute of limitations may be stretched beyond the four years. If you are dealing with a case where you must prove your innocence or are on trial for a crime, the legal malpractice case must be addressed within two years after you receive a verdict in the original case. In a case where the attorney knowingly conceals or hides information showing negligence has occurred, the case may be extended as well. The case may go beyond the four-year limitation if you have a physical or legal disability that presents restrictions to your case.
This information is intended to educate and should not be taken as legal advice.