What Is the Statute of Limitations for Legal Malpractice in California?
In California, the statute of limitations for legal malpractice is generally 1 year under Cal. Code Civ. Proc. § 340.6.
Legal malpractice Deadlines in California
How long do you have to file a legal malpractice claim in California?
In California, the statute of limitations for legal malpractice is generally 1 year under Cal. Code Civ. Proc. § 340.6. The full rule is: 1 Year (4-yr outer limit).
When does the clock start for legal malpractice in California?
One year from when the plaintiff discovered or should have discovered the facts constituting the wrongful act, with a four-year outer limit from the act itself.
Can the California deadline for legal malpractice be extended?
The statute expressly tolls while the plaintiff has sustained no actual injury, while the attorney continues to represent the plaintiff on the same matter, while the attorney wilfully conceals the facts, and during legal or physical disability.
Is the deadline different if the claim is against the government in California?
Often, yes. Written claim generally presented within 6 months under Cal. Gov. Code § 911.2. Section 911.2(a) requires a claim for death, injury to person or personal property, or growing crops to be presented within six months of accrual; any other cause of action within one year. Suit generally cannot be filed until the claim is rejected or deemed r…
How does California compare to other states for legal malpractice?
California's 1 year is among the shortest in the country. Across the 18 jurisdictions with a verified figure, the deadline for legal malpractice ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Legal Malpractice Cover?
Situations that typically fall under the legal malpractice deadline in California:
