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Tag Archives: statute of limitations

What is a Statute of Limitations?

By Robert Ross |

STATUTES OF LIMITATION LIMIT THE TIME A PERSON HAS TO BRING A LEGAL CLAIM OR ACTION Generally speaking, the law favors certainty. For this reason, the law disfavors people being required to defend a lawsuit after too much time has expired. When lawsuits are not brought within a reasonable time, it becomes more difficult… Read More »

What Are the Elements of Attorney Fraud?

By Robert Ross |

People often use the word “fraud” to describe a variety of actions, words, and activities that fall short of legally-recognized “fraud.” When considering a claim against a lawyer, a client (or former client) should be aware that “fraud” has a legal definition–and test–when applied to a lawyer’s conduct. LAWYERS CAN BE SUED FOR FRAUD,… Read More »

Other Situations that Toll the Statute of Limitations on Malpractice

By Robert Ross |

In addition to the situations we’ve discussed in previous posts, California law recognizes a few additional, special situations where the statute of limitations for filing a legal malpractice action is tolled.  To briefly review before we look more closely at these situations: — A Statute of Limitations is a law (a “statute”) which limits the amount of time… Read More »

Tolling the Statute of Limitations During Continuing Representation

By Robert Ross |

GENERALLY, THE STATUTE OF LIMITATIONS IS TOLLED FOR THE DURATION OF THE ATTORNEY’S REPRESENTATION OF THE CLIENT.* *However, some exceptions do exist, as we will discuss below. The statute of limitations on malpractice is generally tolled for the duration of the attorney’s representation of the client in the ongoing matter where the malpractice occurred…. Read More »

Understanding the Statute of Limitations in Legal Malpractice Cases (Part 1)

By Robert Ross |

WHAT IS A STATUTE OF LIMITATIONS? A statute of limitations is a law (a “statute”) that limits the amount of time a plaintiff has to bring a legal claim against a defendant. In cases involving legal malpractice (professional negligence) the statute of limitations controls how much time the allegedly injured plaintiff has to bring a case… Read More »

Statutes of Limitations on Malicious Prosecution Actions

By Robert Ross |

What is a Statute of Limitations? A “statute of limitations” is a law (a “statute”) describing the length of time a plaintiff has to bring a lawsuit or claim. After the end of the period named in the statute, the plaintiff’s claim is “barred” and normally the plaintiff loses the right to sue and recover… Read More »

Tolling the Statute of Limitations on Legal Malpractice Claims

By Robert Ross |

As we discussed last week, the “statute of limitations” is a law that provides a limitation period for the commencement of malpractice claims. Claims must be filed within the period stated in the law (or fall within an exception) or the plaintiff cannot recover. For this reason, it’s critical that plaintiffs must not delay in… Read More »

Don’t Delay and Lose Your Rights: the Statute of Limitations on Legal Malpractice

By Robert Ross |

WHAT IS A STATUTE OF LIMITATIONS (And why should you care)? A “statute of limitations” is a law (a “statute”) which establishes the amount of time a plaintiff has to file a lawsuit in a specific type of case. Different types of claims have different “limitation periods,” though many California statutes of limitations specify 1-3… Read More »

Statutes of Limitations: Setting the Timer on Legal Malpractice Actions

By Robert Ross |

Many people are unaware that specific laws, called statutes of limitations, set a limit on the amount of time a plaintiff has to pursue most civil claims. A person who fails to file a lawsuit before the limitations period ends may be barred (prevented) from ever filing a suit, pursuing a claim, or recovering… Read More »

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