Tag Archives: attorneys
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 »
Who Can Be Sued For Malicious Prosecution?
The law says that liability ultimately lies with those “responsible” for engaging in malicious prosecution. However, liability does not necessarily attach to everyone involved in the relevant legal action or proceeding. PARTIES TO LEGAL ACTIONS MAY BE HELD LIABLE FOR MALICIOUS PROSECUTION. Individuals (or entities) that unsuccessfully prosecute a legal action or engage in legal processes under inappropriate circumstances… Read More »
Imposing Sanctions For Malicious or Frivolous Lawsuits
SANCTIONS ARE PENALTIES IMPOSED ON PEOPLE WHO ABUSE OR MISUSE THE LEGAL SYSTEM. In law and the legal system, “sanctions” refers to a variety of penalties that punish misuse of the law and/or the legal system. Sanctions, like punitive damages, exist to encourage compliance with the law (to discourage misuse of the system) and… Read More »
Suing A Government Entity For Hazardous Property Conditions
WHAT IS AN ACTIONABLY DANGEROUS CONDITION ON PUBLIC PROPERTY? In order to sue a government entity for injuries or other damages caused by hazardous conditions on public property, or property owned by the government entity, the plaintiff must prove (among other things) that the property was in a dangerous condition at the time the… Read More »
What Damages Can Plaintiffs Recover in Premises Liability Cases?
Generally, Successful Plaintiffs in Premises Liability Cases Can Recover All Actual Damages Caused By the Defendant’s Negligent Conduct. “Actual” or “Compensatory” damages are the standard measure of damages in premises liability cases. Actual damages means all damages proximately caused by the defendant’s negligent or wrongful conduct. This may include repair or replacement costs for damaged… Read More »
Other Situations that Toll the Statute of Limitations on Malpractice
In addition to the situations we’ve discussed in previous posts, California law recognizes a few additional, special situations where the statute of limitations for filing a legal malpractice action is tolled. To briefly review before we look more closely at these situations: — A Statute of Limitations is a law (a “statute”) which limits the amount of time… Read More »
Punitive Damages in Attorney Malpractice Actions
WHAT ARE PUNITIVE DAMAGES? Punitive damages are a form of damages courts can order defendants (including defendant attorneys, in proper circumstances) to pay to prevailing plaintiffs. Punitive damages are monetary in nature, and represent amounts in excess of damages actually suffered by the plaintiff. Although punitive damage awards are not available in all cases (in fact,… Read More »
Who Can Be Sued For Malicious Prosecution?
After conclusion of a lawsuit or proceeding that creates a claim of malicious prosecution, injured parties often wonder whether the person who wrongfully sued them can be forced to answer for the malicious lawsuit or other legal proceeding. So, who can be sued for malicious prosecution? 1. Individuals. Individuals who file lawsuits or other legal… Read More »
What is Malicious Prosecution?
WHAT IS MALICIOUS PROSECUTION? In simple terms, “malicious prosecution” occurs when a plaintiff brings a lawsuit against a defendant with “malice”–specifically, with wrongful ulterior motives–and without probable cause to justify pursuit of a lawsuit. Malicious prosecution takes many forms, and occurs frequently in California (as elsewhere). While proving malicious prosecution can be tricky, malicious prosecution claims… Read More »
The Attorney’s Duty to Communicate With Clients (Part 1)
Attorneys Have a Basic Legal Duty to Communicate With Clients Attorneys have a legal duty to maintain “professionally adequate” communication with clients. Proper communication is a critical element of the competent practice of law, and failure to properly communicate with clients may represent a breach of the attorney’s legal duty. Attorneys also have a legal duty… Read More »
