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California Courts of Appeal,
Appellate Practice
Nov. 13, 1999
So Long, Goodbye
One would think that a lawyer who abandons his client in a pending case and fails to withdraw properly as counsel of record would later be estopped from arguing that his duty to represent his client ceased. Surprisingly, several California appellate courts have held just the opposite.
Stephen L. Raucher
Partner, Reuben Raucher & Blum
Email: sraucher@rrbattorneys.com
Stephen practices complex business litigation, with an emphasis on representing policyholders in insurance disputes.
One would think that a lawyer who abandons his client in a pending case and fails to withdraw properly as counsel of record would later be estopped from arguing that his duty to represent his client ceased. Surprisingly, several California appellate courts have held just the opposite.
The statute of limitations for legal malpractice is one year from the date the client discovers, or should have discovered, the facts constituting his attorney's wrongful act or omission. However, t...