"Statue of Limitations"

[Hank]

In the State of California, re: a Legal Malpractice Probate Issue:

1.) What are the Statue of Limitations to file a "Claim for
Legal Malpractice", involving a "Probate Matter", against
the Attorney(s) of Record?

Would the filing period vary according to the allegations
involved?

2.) What are the Statue of Limitations to file a "Claim for Failure
to Disclose and Inform", involving a "Probate Matter", against
the Attorney(s) of Record?

3.) What are the Statue of Limitations to file a "Claim for
Fraud", involving a "Probate Matter", against the Attorney(s)
of Record and Does 1 through...?

 

[Michael Wechsler]

I believe that the statute of limitations for legal malpractice is one year from the date that you knew, or with reasonable care you should have known, that the malpractice occurred. For fraud, I believe it is three years from the date known or that it should have been discovered.

That said, while there may be negligence it does not necessarily mean there would be fraud. I don't think that there is any specific cause of action taken for the acts you mention below and they would likely fall under a negligence or fraud action, or even some other "tort" action that may be applicable. You may find assistance with this matter by speaking with the CA state bar association. They independently investigate attorney fraud or misconduct and it can subject the attorney to disbarment proceedings.

However, please be very careful before taking action against an attorney or any other professional. I find that many who are unsatisfied with results blame the professional -- the doctor should have had a cure, the lawyer said that we had a good case but he didn't win it, etc. Just be sure of what you are doing and make sure to phrase it in such a manner so that you don't exaggerate and end up putting yourself in a precarious position as well.