Recent Blog Posts
When Has a Lawyer Breached His or Her Legal Duty of Care?
HOW DOES BREACH OF DUTY RELATE TO LEGAL MALPRACTICE? Legal malpractice (also called professional negligence) involves a lawyer’s breach (violation) of a legally mandated duty of care. Specifically, a breach of the professional standard of care that is applicable to the relevant situation. When evaluating a lawyer’s potential breach of duty, the issue is whether the… Read More »
Who Can Sue a Lawyer for Malpractice?
GENERALLY, ONLY CLIENTS CAN SUE A LAWYER FOR MALPRACTICE In California, the general rule is that privity of contract (i.e., a contractual relationship) is a required element of standing to bring a malpractice claim. Put another way, only clients (generally, former clients) can usually bring malpractice claims against lawyers in California. The necessary privity of… Read More »
Understanding the Scope of Representation
WHAT IS THE “SCOPE OF REPRESENTATION”? The phrase “scope of representation” refers to the boundaries of the attorney-client relationship. More specifically, the “scope of representation” is the set of matters for which the attorney has agreed to represent the client. In most cases, an attorney’s representation of a client is limited in scope, and… Read More »
Who Does Insurance Defense Counsel Really Represent?
WHAT IS “INSURANCE DEFENSE COUNSEL”? Insurance defense counsel is the term for a lawyer hired by an insurance company to defend a lawsuit (or other legal claim) against an insured person or entity (the “Insured”). Generally, the insurance company has the right to choose (and the obligation to pay the fees of) the lawyer… Read More »
What is Legal Malpractice?
WHAT IS “LEGAL MALPRACTICE”? The term “legal malpractice” refers to the professional negligence of an attorney within an attorney-client relationship. Less formally, “legal malpractice” occurs when an attorney acts negligently in the course of representing a client. It is a form of negligence, which is a tort (a “civil wrong”). Strictly speaking, legal malpractice is… Read More »
Legal Malpractice FAQ
Here are some commonly-asked questions (and answers) about legal malpractice:* Q: WHAT IS LEGAL MALPRACTICE? A: “legal malpractice” is the term for professional negligence committed by an lawyer. Less formally, “legal malpractice” occurs when a lawyer commits negligence in the course of representing a client. Q: IS LEGAL MALPRACTICE A CRIME? A:… Read More »
Is a Foreign Legal Consultant the Same as Pro Hac Vice Counsel?
ADMISSION PRO HAC VICE IS DIFFERENT FROM CERTIFICATION AS A FOREIGN LEGAL CONSULTANT Pro hac vice admission grants a non-California lawyer (in good standing) permission to appear before a California court. In essence, admission pro hac vice allows a lawyer to represent clients in the same manner as a California-licensed attorney for purposes of the… Read More »
FAQ: Pro Hac Vice Admission in California
The following are some common questions (and answers) about Pro Hac Vice Admission in California. Q: Do you have to be a lawyer to be admitted pro hac vice? A: Yes. Only attorneys who meet the qualifications are eligible for pro hac vice admission. Non-lawyers cannot be admitted to represent clients or appear pro hac… Read More »
Can California Courts Sanction Pro Hac Vice Counsel?
CALIFORNIA COURTS HAVE AUTHORITY TO SANCTION PRO HAC VICE COUNSEL Pro hac vice admission is a process by which out-of-state attorneys (i.e., those licensed in other U.S. states, but not in California) may appear and represent clients in California courts. Attorneys who meet and comply with the requirements for pro hac vice admission can… Read More »
Rules Governing Out of State Counsel in California Arbitration Proceedings
WHAT LAW GOVERNS OUT OF STATE COUNSEL IN CALIFORNIA ARBITRATION? Licensed California attorneys can represent clients in California courts and arbitration proceedings which take place in California. However, attorneys licensed in other jurisdictions (and not also licensed in California) do not have an automatic right to represent their clients in California proceedings–including arbitration. However,… Read More »
