Recent Blog Posts
Who Can Sue a Lawyer For Malpractice?
GENERALLY, AN ATTORNEY-CLIENT RELATIONSHIP IS A PREREQUISITE FOR MALPRACTICE CLAIMS. Most legal malpractice claims fall under the heading of “professional negligence” and, like other forms of negligence claims, require the existence (and breach) of some duty between the parties. In most cases, the duty required to support a malpractice action springs from the existence… Read More »
What is “Judgmental Immunity” in Legal Malpractice?
LAWYERS HAVE A DUTY TO ACT REASONABLY IN THE PRACTICE OF LAW. Generally, lawyers are expected to possess the degree of knowledge, and exercise the degree of reasonable care, that competent lawyers exercise when engaged in the practice of law. California lawyers are also supposed to know, or to discover, rules of law which can… Read More »
What Duty Does a Lawyer Owe a Client?
A LAWYER’S DUTY OF CARE TO THE CLIENT HAS SEVERAL PRIMARY ELEMENTS. Under California law, lawyers have a duty to use reasonable diligence in representing clients. Attorneys also have a duty to exercise their best professional judgment when practicing law, and to use the same degree of skill and care that reputable attorneys would use under… Read More »
The Requirements For Bringing a Legal Malpractice Claim
THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM. To prevail on a legal malpractice claim, a plaintiff must prove all of the following elements, to the required degree of proof: 1. The defendant attorney had a legally recognized duty to the plaintiff; (In addition to other things, proving this element generally includes proof of the existence of… Read More »
When Has a Lawyer Committed Malpractice?
WHAT IS LEGAL MALPRACTICE? Legal malpractice–sometimes also known as “professional negligence”–occurs when a lawyer engages in negligence, breach of contract, or breach of a fiduciary duty, and the lawyer’s actions (or failure to act) results in damages (harm) to another person — usually a client. Not all mistakes by lawyers rise to the level… Read More »
What Kind of Intent, and Harm, Is Required For Trespass?
A TRESPASS REQUIRES ONLY INTENT TO ENTER THE LAND WHERE THE TRESPASS OCCURRED. Like a number of other torts, the level of “intent” required to prove a trespass claim is very low. The defendant (trespasser) only needs to have an intent to go to, or be at, the place where the trespass occurred. A trespass claim… Read More »
Who Can Sue — Or Be Sued — For Trespass?
TRESPASS LAWS PROTECT THE RIGHT TO POSSESSION OF LAND. Trespass claims are designed to protect possessory interests — the right to possess and control real property (usually land, but also buildings and fixtures on the land). A person who has the right to possess and control real property generally has standing to sue for trespass, meaning… Read More »
What is “Trespassing”?
Although sometimes used as a verb–trespassing–the legal name for the cause of action that arises when someone enters another person’s property without permission is actually Trespass. THE ELEMENTS OF TRESPASS. Legally speaking, “trespass” requires: 1. Knowing entry 2. Onto land owned by someone else 3. Without the owner’s permission. IS TRESPASS A CRIME OR A… Read More »
When Can Plaintiffs Recover Damages For Nuisance?
Legally actionable nuisances require more than merely conduct that a homeowner, renter, or occupant of property finds “annoying” or irritating. The law establishes a test for actionable nuisances that spells out precisely what a homeowner (or plaintiff with an interest in real property impacted by the nuisance) must prove in order to obtain a… Read More »
What is an Unreasonable Interference With Property?
NUISANCE CLAIMS REQUIRE AN “UNREASONABLE INTERFERENCE” WITH USE AND ENJOYMENT OF PROPERTY. In order to prevail on a nuisance claim, a plaintiff must prove that the defendant acted (or failed to act) in a manner that constitutes or created an “unreasonable interference” with the plaintiff’s use and enjoyment of [the plaintiff’s] land. The interference… Read More »
