Legal malpractice and negligence

Compulsory lawsuit question... Hello. I have 23 months to sue an ex-lawyer for malpractice. However, can I sue him now for...

...for breach of contract and a refund of my retainer in state small claims court and later sue him separately in federal court for the malpractice? Thank you very much. He is in Phoenix, AZ and I (at all times relevant) have been in California. Thanks.

Nathan’s Answer

Small claims limit is $10,000 in California, assuming a judge agrees to hear the case here. The practice of law seems like it would have happened in Arizona, so you may need to sue in Arizona. The retainer agreement you signed with the attorney will control in these instances. Please have counsel review your fee agreement.

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