I have been sued by an attorney who was subsequently discovered to have mal-practiced in his representation of me in 2010. I cannot file a cross complaint because the statute of limitations has run on potential cross allegations (i.e. malpractice, breach of fiduciary duty, negligence, constructive fraud). Can I use these allegations as defenses in my answer to the attorney's complaint and then request a jury trial?
Answer
Yes you can. You may want to consider whether or not you can file a cros-complaint for malpractice, fraud, etc, that may be limited to the amount of any recovery by the attorney.
Answer
Yes you can plus he should have sent notice of your right to elect fee arbitration. Of which you might wish to take advantage.
Stan Stern
310-487-9834
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