Law Practice,
Ethics/Professional Responsibility
Dec. 6, 2019
Amendments to SOL for actions against attorneys coming in January
The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.
Kenneth C. Feldman
Partner
Lewis, Brisbois, Bisgaard & Smith LLP
Certified Specialist in Legal Malpractice
633 W 5th St Ste 4000
Los Angeles , CA 90071
Phone: (213) 250-1800
Fax: (213) 250-7900
Email: Ken.Feldman@lewisbrisbois.com
Loyola Law School
Kenneth is firm-wide chair of the legal malpractice defense group at Lewis Brisbois. He is a certified specialist, legal malpractice law, State Bar of California Board of Legal Specialization, and is vice chair of the State Bar Legal Malpractice Law Advisory Commission. Mr. Feldman is the author of "California Legal Malpractice & Malicious Prosecution Liability Handbook."
The statute of limitations for claims against attorneys -- Code of Civil Procedure Section 340.6 -- which was enacted in 1977, has been strictly construed throughout its 42-year history. Other than claims for actual fraud, the general period to bring a claim against a former attorney is one year from the date of actual or constructive discovery of the alleged wrongful act. In 2010 the statute was amended to deal with criminal cases, such that the statute commences to ...
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