CCP § 340.6 Applies to Malicious Prosecution Claims Against Attorneys

Connelly v. Bornstein, No. A152375 (D1d5 Mar. 28, 2019)

Code of Civil Procedure § 340.6 sets the statute of limitations for “[a]n action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services.” There was a lengthy split of authority as to whether § 340.6 applied to claims other than attorney malpractice. That split was largely resolved in Lee v. Hanley in which the Supreme Court said the statute goes beyond malpractice, but only to cases based on an attorney’s breach of a duty that exists by virtue of being an attorney. So if, for instance, an attorney punches a witness after a heated deposition, the ordinary battery statute of limitations will apply.