California

The State Bar of California is a manda­tory bar asso­ci­a­tion.  All attor­neys prac­tic­ing in the state must be members.

Although they State Bar of California offi­cials alledge they pro­tect con­sumers and enforce the California Rules of Professional con­duct, this is far from the truth.  In real­ity, lawyer reg­u­la­tion in California is highly polit­i­cal– a pop­u­lar­ity con­test.  The Calbar rarely inves­ti­gates lawyers accused by ordi­nary cit­i­zens of mis­con­duct rather, they rely on law enforce­ment or pro­grams impel­mented by the Bar to iden­tify lawyer miscreents.

Consumers of legal ser­vices pro­vided by California lawyers are urged to use extreme cau­tion.  Lawyer leg­is­la­tors in the state have deemed it pru­dent to limit pro­fes­sional mal­prac­tice actions against lawyers to one (1) year from the date of dis­cov­ery.  This of course serves California attor­neys because it reduces their mal­prac­tice insur­ance costs and they can cut down on the num­ber of  ”friv­il­ious suits” ini­ti­ated by pesky vic­tims clients.

Our advice.  Hire an attor­ney to help you nego­ti­ate the engage­ment let­ter with the attor­ney you intend to engage.  Insist on lan­guage in the engage­ment let­ter, or an agreee­ment appended thereto that “tolls” the statute of lim­i­ta­tions for any action you might become enti­tled to bring against the attor­ney you are hir­ing.  We rec­om­mend tolling all rel­e­vant California and Federal statutes for at least 10 years because it is extremely dif­fi­cult to find a California attor­ney that will sue another California attor­ney.  Those attor­neys who do under­take actions against other California attor­neys have enor­mous caseloads.