Legal Malpractice In California
Disputes over the proper interpretation of the statute of limitations for legal malpractice (Code Civ. Proc. § 340.6) are common. To reduce the number of disputes and improve the functioning of the statute, the Law Revision Commission proposes to:
- Add a new tolling provision, which would apply when an attorney's liability for malpractice may depend on the outcome of an underlying proceeding, such as a lawsuit that the attorney allegedly mishandled.
- Require the plaintiff, rather than the defendant attorney, to bear the burden of proof regarding when the plaintiff discovered, or through reasonablediligence should have discovered, the facts constituting the malpractice.
- Delete an unnecessary and confusing sentence pertaining to "an action based upon an instrument in writing, the effective date of which depends uponsome act or event of the future."
Legal Malpractice In California
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