Demurrer Can Dispose of Legal Malpractice Claims Based on the Statute of Limitations Tolling Provision

When does the relationship between an attorney and the client end? A closing letter to the client does not always draw the line in the sand that the representation is complete. “Lines can easily become blurred as to when the work on a certain client and subject matter ends.” The danger of this blurred line can be heightened when “the client has had time to cool down and reflect on the outcome of the matter.”

In the article, “Demurrer Can Dispose of Legal Malpractice Claims Based on the Statute of Limitations Tolling Provision,” published in The Daily Journal on June 12, 2020, firm attorneys, including John Girarde,¬†analyze the recent 6th District Court of Appeals landmark decision on Nguyen v. Ford, 2020 DJDAR 4610. This is the first opinion published in California in which the court disposed of a legal malpractice case by demurrer by finding, based on the plaintiff’s allegations alone, that plaintiff’s belief the attorney would continue to represent her was objectively unreasonable.

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