Tag Archives: attorneys
Liability for the Acts of Others
Generally speaking, California law does not require people to control the acts of others, or to warn people about the potential actions of third parties. As a general rule, the law makes each person liable for his or her own actions, and not for the actions of others. However, California also recognizes many exceptions… Read More »
Is a Land Owner Liable if a Contractor Gets Injured on the Job?
LAND OWNERS ARE GENERALLY NOT LIABLE FOR INJURIES TO CONTRACTORS OR THEIR EMPLOYEES Generally speaking, property owners are not liable for injuries to contractors or their employees who get injured on the job. This is because the contractor, not the property owner, is normally in charge of the time, place, and manner in which… Read More »
What is a Statute of Limitations?
STATUTES OF LIMITATION LIMIT THE TIME A PERSON HAS TO BRING A LEGAL CLAIM OR ACTION Generally speaking, the law favors certainty. For this reason, the law disfavors people being required to defend a lawsuit after too much time has expired. When lawsuits are not brought within a reasonable time, it becomes more difficult… Read More »
Breach of Duty: Violating the Standard of Care
NEGLIGENCE OCCURS WHEN A BREACH OF DUTY CAUSES INJURY. The existence of a duty, without more, does not create negligence liability. However, when a person violates a legally-recognized duty of care, and that breach of duty causes injury (or damage) to a person or property, negligence liability may result. WHEN HAS A PERSON BREACHED… Read More »
The Good Samaritan Rule in Negligence Cases
WHAT IS THE GOOD SAMARITAN RULE? When a person chooses to protect someone else, but does so in a negligent manner that causes further harm to the person protected, the “Good Samaritan Rule” (also called the voluntary undertaking rule) may apply. If so, the “Good Samaritan” (a reference to the Biblical story of the same name,… Read More »
Why Are Lost Punitive Damages Not Awarded in Legal Malpractice Actions?
PLAINTIFFS IN MALPRACTICE ACTIONS CANNOT GENERALLY RECOVER “LOST PUNITIVE DAMAGES” FROM NEGLIGENT COUNSEL. A client who fails to recover punitive damages in a legal action–even as a result of attorney negligence–generally cannot claim the “lost” punitive damages as part of the compensatory damages claimed in a legal malpractice action. While plaintiffs may consider these lost punitive damages… Read More »
When Has a Lawyer’s Negligence Damaged a Client?
WITHOUT DAMAGES, A LEGAL MALPRACTICE ACTION CANNOT PREVAIL. Damages–meaning a legally recognizable harm or injury–is a mandatory element of a legal malpractice (professional negligence) action. This means that a plaintiff must be able to prove that the attorney’s breach of a legally recognized duty caused the plaintiff to suffer some harm or injury. Moreover,… Read More »
When Does a Lawyer’s Negligence Cause Clients Harm?
The elements of attorney malpractice (professional negligence) include a breach of duty that causes legally recognized damages to a client (or, in some cases, an eligible non-client). In order to prevail on a claim for legal malpractice, and recover damages from a negligent lawyer, the plaintiff must prove all elements of the malpractice claim … including “causation.”… 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 »
