North Carolina Complaint for Legal Malpractice - General Form

State:
Multi-State
Control #:
US-10074-A
Format:
Word; 
Rich Text
Instant download

Description

Plaintiff brings a cause of action against defendant for legal malpractice. Plaintiff asserts that defendant was negligent and/or committed malpractice and breached fiduciary duties to plaintiff.
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FAQ

A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.

Any plaintiff can choose to verify their complaint but most civil cases in California are not verified unless there's a particular statute that requires a cause of action to be verified (this rule applies to unlimited civil cases where the complaint is over $25,000).

Grievances against lawyers who are licensed to practice law in North Carolina should be filed with the North Carolina State Bar. For additional information on filing a complaint, contact the NC State Bar or call the Bar at (919) 828-4620.

We prefer that you file your complaint via our online form. If you would like to file a complaint via hard copy, please call us on our consumer assistance line at (919) 716-6000, and we will mail you a complaint form.

An answer is a response to a complaint that has been filed against you. These forms allow you to file a document telling the Judge which parts of the Plaintiff's complaint that you agree and disagree with. YOU MUST FILE THESE DOCUMENTS WITHIN 30 DAYS OF BEING SERVED WITH THE PLAINTIFF'S COMPLAINT.

See N.C.G.S. 1-15(c). Simply stated, the statute of limitations is three years from the last act or omission of the attorney giving rise to the cause of action. Under the statute of repose, no claim may be asserted more than four years after the attorney's last act or omission that gives rise to the cause of action.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

If the complaint is verified, the answer must be verified, unless the defendant is a public entity or officer. CCP §446. The defendant's denials and allegations must be made under oath or penalty of perjury.

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North Carolina Complaint for Legal Malpractice - General Form