Sunday 17 August 2014

my question is this: if i file a complaint against my attorney to the california state bar, and they decide to have an investigation of the ...

Question

my question is this: if i file a complaint against my attorney to the california state bar, and they decide to have an investigation of the attorney in question. would my time line to file a case against the attorney in court be extended till the investigation is over, example: oral contract in california is 2 yrs to file, if the investigation is going to be longer then my time line i would have to file a claim, is there anything i can do to extend the time or would that time line start after the investigation by the bar is completed



Answer

No, especially not if your claim against your attorney is breach of contract. An attorney can breach a contract in many ways and for many reasons without any violation of the State Bar Act or Rules of Professional Conduct. So there is no way anything to do with the State Bar would toll limitations on a contract claim.



Answer

You may want to consider suing for legal malpractice and other claims, but these would have a one year time limit. The State Bar Investigation does not toll the time running.



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