MBE Rules · Professional Responsibility
Legal Malpractice Limitations
Cal. Civ. Proc. Code § 340.6
The rule
Malpractice actions must be brought within one year of actual or constructive discovery or four years of the wrongful act, tolled while the attorney continues representing the client in the same matter.
In plain English
In legal malpractice cases, a client must file a lawsuit within one year of discovering the attorney's wrongdoing or within four years of the wrongful act itself. If the attorney is still representing the client in the same matter, the time limit is paused.
Worked example
A client discovers that their attorney failed to file a crucial document in their case on January 1, 2023. The attorney continued to represent the client until March 1, 2023. The client must file a malpractice suit by January 1, 2024, because the one-year limit is tolled while the attorney was still representing them.
Memory hook
One year to discover, four years to act—unless the attorney's still in the game.
The trap
Exams often present scenarios where the timing of discovery is ambiguous, leading students to miscalculate the deadline. Students may also overlook the tolling effect of ongoing representation.
How examiners test it
Questions typically involve a timeline of events and require candidates to analyze when the malpractice claim must be filed based on the discovery of the wrongdoing and ongoing representation.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6