Can a client sue an attorney for malpractice arising from the representation in which the client was represented?

The "specific subject matter" of the attorney's representation in which the alleged malpractice occurred may be difficult to define, particularly where the attorney has represented the client in numerous related matters, as occurred here. However, we construe this statutory language so as to effectuate the purposes of the tolling provision. (Calatayud v. State of California (1998) 18 Cal.4th 1057, 1064-1065.) The construction of a statute and its application to a particular set of facts is a legal issue that we review de novo. (Kurtz v. Calvo (1999) 75 Cal.App.4th 191, 193.) Accordingly, we conclude that the "specific subject matter" does not extend to litigation arising from the transactions in which the alleged malpractice occurred.

A client's relationship with an attorney who continues to represent the client in unrelated matters or related matters that do not involve the same specific subject matter as the representation in which the malpractice occurred may be disrupted when the client sues the attorney for malpractice. However, the plain language of the statute indicates that it was not intended to protect a continuing attorney-client relationship in those circumstances. (Code Civ. Proc., 340.6, subd. (a)(2); see Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 228-229.) By heeding the legislative purpose to protect a continuing attorney-client relationship regarding the same specific subject matter, we must not extend the protection to a continuing attorney-client relationship regarding a matter that is merely related to the subject matter of the earlier representation.