Ethics/Professional Responsibility
Jun. 7, 2011
Malicious Prosecution Case Sets a Trap for the Unwary
The 4th District's attempt to clear up ambiguity over the statute of limitations for attorney wrongdoing results in a trap for the unwary claimant. By Cathleen G. Fitch of Coughlan Semmer & Lipman
The 4th District Court of Appeal recently addressed an ambiguity in the application of the statute of limitations to an attorney alleged to have engaged in malicious prosecution. In Vafi v. McCloskey 193 Cal.App.4th 874, the court held, for the first time in a published opinion, that the one-year statute of limitations for attorney wrongdoing applies to a malicious prosecution action against an attorney, not the two-year limitations pe...
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