Quotazioni Usato Quattroruote.pdf
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Under this new rule, the statute of limitations begins to run as soon as the malpractice is committed irrespective of the time of discovery and the plaintiff is under no duty to investigate and thus to defer (see fn. 14, ante). Nevertheless some care must be exercised; the attorney is not liable for injuries from mistakes in judgment or in technical legal advice, but only for departures from accepted professional standards of care. (Cf. Marshall v. Tilley Lamp Co. (1983) 145 Cal. App. 3d 228, 233 [193 Cal. Rptr. 415, 62 A.L.R.4th 977].)
fn. 34[6 Cal. 3d 195] For example, an attorney may indulge in casual conversation with a client concerning some matter about which the attorney owes a duty to give correct and competent advice. If, in the course of that conversation the attorney has a duty to render advice, and the client in reliance thereon renders a payment, the application of the new rule would preclude suit after the expiration of the statute of limitations.
An attorney may also be liable under the rule for legal malpractice for misleading documents or pleadings. This is the situation in the present case: Defendants at the request of the plaintiff engaged in fraudulent misrepresentations in connection with the drafting of the complaint. Under the new rule, the action thus was timely. Because the question is of first impression in this state and of great importance, we shall include an extended discussion of the application of the rule to these two situations. The analysis is not dependent upon the particular claim of legal malpractice; thus, the analysis can fairly be considered in the abstract.
In either case it will be fair to say that the attorney was obliged to use decent common sense in dealing with his client. In some cases he will know that he was obliated to act with due care; in other cases he will rely on the client to tell him if he is in fact negligent, and this may readily be the case. Otherwise it must be assumed that the client would rely on the attorney’s skill and that he will not be held responsible for that of his client. d2c66b5586