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The former rule is important enough to deserve a close and careful examination. The majority rule has prevailed in England since both the Atkins and Brogan cases. Brogan was decided in 1894, Atkins in 1916. In 1970, in the Paramount case, the House of Lords reversed the Hooker case and declared that the limitation period begins to run when the plaintiff knows or reasonably should know of the negligence. In 1971 the Moynihan case reversed the Atkins decision and returned the law to what it was in 1916. Since neither of these changes rendered the rule intolerable, an intermediate rule based upon the minority rule could have been adopted by the Judicial Committee of the Privy Council or by the Parliament of this country. fn. 31
We need not wait for the Supreme Court with its present membership to determine that the former rule was not the law. In re Marriage of Flaherty (1982) 31 Cal. 3d 637, 643 [183 Cal. Rptr. 508, 646 P.2d 179] says, "The question is not how the highest court in the land would decide if it were deciding the case at hand. Rather, the question is what do [6 Cal. 3d 196] the highest courts of this state have heretofore decided. Thereafter, it is our duty to adhere to those decisions." fn. 35 It may be objected that the present rule, if applied to the initial representation, would produce anomalous results. Traditional contract principles would have no application to a lawyer's professional relationship with his client, yet the rule seems to make such principles paramount. The rule would also seem to work an injustice to the negligent attorney, whose client nevertheless may have actually recovered damages against the other tortfeasors. However, the public policy of this state as expressed in the adoption of the prohibition against the maintenance of successive negligent the trier of fact, which appears in the third paragraph of subdivision (c), clearly points to such a result. d2c66b5586