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Civil Litigation,
Law Practice

Aug. 8, 2019

One-year SOL on malicious prosecution suits is virtually settled

When lawyers and their former clients are sued for malicious prosecution, it is necessary to determine applicable statutes of limitations.

Roy G. Weatherup

Partner
Lewis, Brisbois, Bisgaard & Smith LLP

Certified Specialist in Appellate Law

633 W 5th St Ste 4000
Los Angeles , CA 90071

Phone: (213) 250-1800

Fax: (213) 250-7900

Email: Roy.Weatherup@lewisbrisbois.com

Roy has handled more than 1,100 appeals, 202 of which have resulted in published opinions. Mr. Feldman is national chair of the firm’s legal malpractice defense group.

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Kenneth C. Feldman

Partner
Lewis, Brisbois, Bisgaard & Smith LLP

Certified Specialist in Legal Malpractice

633 W 5th St Ste 4000
Los Angeles , CA 90071

Phone: (213) 250-1800

Fax: (213) 250-7900

Email: Ken.Feldman@lewisbrisbois.com

Loyola Law School

Kenneth is firm-wide chair of the legal malpractice defense group at Lewis Brisbois. He is a certified specialist, legal malpractice law, State Bar of California Board of Legal Specialization, and is vice chair of the State Bar Legal Malpractice Law Advisory Commission. Mr. Feldman is the author of "California Legal Malpractice & Malicious Prosecution Liability Handbook."

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For many years, it has been the typical practice of the plaintiff in a malicious prosecution case to name as a defendant both the underlying unsuccessful plaintiff and the underlying plaintiff's lawyer. The plaintiff in such a malicious prosecution case must establish lack of probable cause. The lawyer who prosecuted the underlying case will usually rely on evidence received from the client to show probable cause, although may not be able to use attorney-client privil...

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