Recent Blog Posts
What Is the Lawyer’s Duty to Communicate With Clients?
CALIFORNIA ATTORNEYS MUST ACT WITH COMPETENCE. In California, “competent” representation of clients generally means that an attorney must act with reasonable diligence, exercise reasonable learning and skill, and demonstrate reasonable mental, physical, and emotional ability to represent clients. Although the specific requirements involved in competent representation of a client can vary, and determining whether or not an attorney… Read More »
Clients Cannot Waive an Attorney’s Competence
UNDER CALIFORNIA LAW, ATTORNEYS HAVE A DUTY TO REPRESENT CLIENTS WITH REASONABLE COMPETENCE. Although the California State Bar Act does not specifically state that attorneys must act “competently,” California Business and Professions Code Section 6068 enumerates the obligations of California attorneys. Taken together, these obligations paint a portrait of responsible representation of clients by California lawyers. When… Read More »
Who Can Practice Law in California?
ONLY ACTIVE MEMBERS OF THE CALIFORNIA BAR CAN PRACTICE LAW IN CALIFORNIA LEGALLY. The California Business and Professions Code states that “[No] person shall practice law in California unless the person is an active member of the State Bar.” (Bus & Prof Code § 6125) This means that only lawyers who possess an “active” California… Read More »
Do Courts Have to Notify the Bar of Attorney Misconduct?
California Attorneys Are Licensed By the State Bar Association (the “Bar”) In California, attorneys must have a license from the California Bar Association (sometimes called the “bar”) to practice law. People who do not possess either a California bar license or other permission to appear and represent clients in California are not authorized to act… Read More »
The Attorney’s Duty of Diligence
Attorneys Owe Clients A Duty of Diligence. Attorneys in California (and elsewhere) must behave diligently with regard to clients and client matters. This means using reasonable skill and knowledge to perform research, prosecute cases properly, and handle client matters with the level of skill appropriate to legal practitioners in the relevant area of expertise. Only… Read More »
Why Are Legal Malpractice Cases Difficult?
Many times, non-lawyers believe that any mistake a lawyer makes is grounds for a legal malpractice claim, or that legal malpractice lawsuits should be “easy” to prove. However, in most cases, legal malpractice actions are difficult, costly, and time-consuming, for several important reasons: Not every legal loss results from malpractice. Distinguishing actionable malpractice (professional… Read More »
A Lawyer’s Mistake is Not Necessarily Malpractice
LAWYERS’ MISTAKES (OR FAILURE TO “WIN”) ARE NOT NECESSARILY MALPRACTICE For every lawyer who wins a lawsuit (or prevails in a negotiation) there’s generally another one who loses–it’s the nature of an adversarial system. Clearly, then, losing a case (or negotiation) doesn’t constitute malpractice. A loss is only malpractice if the loss results from the… Read More »
Is it Malpractice When a Lawyer Lies?
An old joke asks, “How can you tell if a lawyer is lying?” The answer: “His lips are moving.” Lawyers have acquired a bad (and often undeserved) reputation for falsehoods, in part due to misbehavior and in part due to the lawyer’s legal and ethical obligations to represent clients zealously–an obligation that often requires attorneys… Read More »
Malpractice Liability to Non-Clients in Situations Involving Foreseeable Harm
Although as a general rule attorneys have no legally recognized duty (and thus, have no liability for malpractice) to non-client plaintiffs, California law does recognize an exception where the foreseeability of harm to a non-client outweighs “other policy considerations”–including the rule that attorneys should not be liable for malpractice in the absence of an attorney-client relationship. Whether or… Read More »
When Can Heirs of an Estate Sue Lawyers for Malpractice?
“INTENDED BENEFICIARIES” OF A LAWYER’S SERVICES MAY HAVE STANDING TO BRING MALPRACTICE CLAIMS. In California, the existence of an attorney-client relationship is generally required in order to bring a malpractice claim against a lawyer. This means that in most cases, non-clients cannot sue a lawyer for malpractice. However, California recognizes an exception to this rule… Read More »
