CCP 340.6 is a negligence statute of limitations addressed specifically to attorney conduct. It is not a fraud statute of limitations. It specifically states that it addresses any action "other than for actual fraud." The statute of limitations for fraud is actually 3 years under CCP 338.
CCP 340.6 basically says you have one year from the date you knew or should have known of the attorney's misconduct; but under no circumstances may you commence an action more than 4 years after the attorney's misconduct.
To flavor the issue even more, CCP 340.6 carves out certain exceptions to the general rule, known as "tolling provisions," which "toll" or suspend the running of the statute of limitations based on the attorney's conduct or the given circumstances.
I highly recommend you consult with a qualified attorney on these subtle procedural issues.
I agree with my colleagues. More facts are needed. The issue of legal malpractice with implication of fraud must be addressed by an attorney that is also a fraud examiner.
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