Still, a better description of the firm’s predicament might be that it is not yet a party to any malpractice claim. The firm has signed separate tolling agreements with both Jamie and Frank McCourt that pauses statute of limitations provisions that would apply to legal malpractice claims. In California most legal malpractice claims must be filed within a year that the wrongful act or omission is discovered. The agreement between Bingham and its former clients resolves this issue. At least temporarily, the tolling agreement keeps the firm from having to answer questions about a potentially embarrassing malpractice complaint.
But Bingham is preparing for that day. According to sources, the firm has retained Gibson, Dunn & Crutcher partner Kevin Rosen to represent it in any future malpractice claim. Bingham says that Gibson, Dunn is an “external source” that has advised it on this matter.
