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Go Back   Law Forums at Onlypunjab.com > COURTS, LAWYERS & LITIGATIONS > Legal Ethics & Lawyer Malpractice

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  #1  
Old 02-10-2007, 04:19 AM
Erving Erving is offline
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Join Date: Jun 2006
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Default misrepresentation....

Hi everyone, I am here to share my issue with all you and hoping to find some answer to my problem. I found the attorney representing me as a plaintiff negligently misrepresented me that the law was inapplicable to the defendant and caused me damages by forcing me into an unfavorable settlement through his negligent misrepresentation of the applicability of the law. I settled as he was telling me that the law was inapplicable to the defendant and that the defendant would not be liable, but the law was applicable to the defendant, and my attorney's representation was untrue. So, what is the statute of limitations for legal malpractice and under what section? Please reply.
Thankz.
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Old 02-10-2007, 06:53 AM
exjudge exjudge is offline
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As per Code of Civil Procedure Section 340.6: "An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first."
Determining the exact time the statute runs on a legal malpractice claim is often very difficult, so you should consult a local attorney for further assistance.
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Old 02-27-2007, 11:17 PM
honest honest is offline
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Quote:
Originally Posted by exjudge View Post
As per Code of Civil Procedure Section 340.6: "An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first."
Determining the exact time the statute runs on a legal malpractice claim is often very difficult, so you should consult a local attorney for further assistance.
how do you find out the facts?

how would you present the facts in court?

what if the facts are in your memory which would result in a 'your word against theirs' type battle?

if you cant find out the facts other than from what you remember, you still have the 4 year deadline option to use, right?

what if you want to report wrongful practice by an attorney, a guardian ad litem, and a judge?

who would you go to,to report the incidents?

how would one go about getting copies of the documents typed by the stenographer? (did i spell that right?)

if the investigation was complete, and wrongful practice was confirmed, would the results of the case be automatically over turned?

in my case, would i get custody of my children if it was proved in court that wrongful practice by the GAL and the attorney were committed?

thanks.

Last edited by honest : 02-27-2007 at 11:19 PM. Reason: seperated the questions so that they are easier to read
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  #4  
Old 03-03-2007, 03:44 AM
advisor advisor is offline
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It is advisable to start your own thread always.
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