Is there an extension I can file for a Legal Malpractice Case because the statue of limitations is approaching?

Asked over 1 year ago - Los Angeles, CA

I recently discovered I have a legal malpractice case. Unfortunately my counsel never told me about the settlement agreement on my case and never paid me either. I am just finding this out. I tried to make contact with counsel but he is continuously avoiding me. Now I am left a victim. After exhausting every measure to work this out with counsel I had to file a complaint against him with the state bar and now I need an attorney to sue in Civil court. The statue of limitations is arriving rapidly and I need to know is there anything I can do to extend that time to be able to seek out new counsel for this?

Attorney answers (6)

  1. Evan Andrew Gould

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . You can also request the target defendant execute a "tolling " agreement which would be a written agreement to toll or extend the applicable Statute of Limitations. Such a agreement is not uncommon in malpractice cases. If your attorney stole your money you may have claims for conversion, fraud, etc which may be controlled by different and/or longer Statutes of Limitations. Talk with another attorney asap! Good Luck to you.

  2. Armen Michael Tashjian

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Unfortunately if you miss the SOL you will be "SOL" no pun intended. Get to a lawyer rightaway so you're rights are protected. Call my office of you'd like 323-782-0099.

  3. Richard Carl Binder

    Contributor Level 12

    1

    Lawyer agrees

    Answered . The SOL is the SOL. But most firms get off a complaint within a day or two. If you have questions call me at 626 793-9124, we handle legal malpractice cases.

  4. Michael Raymond Daymude

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There are various tolling provisions which affect the statute of limitations on a legal malpractice claim. As suggested by other counsel, other causes of action may have longer periods. Your option is to consult and retain counsel now if you have a viable legal malpractice case. Trying to do anything "on our own" at this time is likely to be ineffective. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  5. Ajay Mohan Kwatra

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Do not wait, as I do not think there is any way to stop the Statute of Limitations. I am happy to discuss the facts of your case.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Retain one of the above distinguished lawyers in your state immediately.

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