Can an action be brought against an attorney for negligence in the collection of a note and mortgage?

California, United States of America


The following excerpt is from Hege v. Worthington, Park & Worthington, 209 Cal.App.2d 670, 26 Cal.Rptr. 132 (Cal. App. 1962):

In Lally v. Kuster (1918) 177 Cal. 783, 171 P. 961, an action by a client against her attorney for negligence in the collection of a note and mortgage, the attorney contended that the client could not claim that she had suffered a loss unless first she brought suit upon the note and mortgage and the suit was dismissed because of the statute of limitations. The court in reversing a judgment of the lower court in favor of the attorney stated, '* * * it does not follow that the appellant would have to wait until it was finally determined in court that these rights were valueless * * *.' (P. 791, 171 p. 964.)

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