Tag Archives: lawyers
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 »
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 »
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 Kinds of Cases Can Support A Claim For Malicious Prosecution?
MALICIOUS PROSECUTION CLAIMS ARE NOT AVAILABLE IN ALL LEGAL CASES People are often confused by the difference between “malice,” as used in a layperson’s context, and malicious prosecution, which is a legal cause of action (a claim that can be brought before a court in proper circumstances). While people may act “maliciously” in a… 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 »
Special Relationships in Negligence: Housing/HOAs
GENERALLY, NEGLIGENCE LIABILITY REQUIRES THE EXISTENCE OF A DUTY Generally speaking, California law does not create negligence liability for people or entities who “fail to act” to prevent harm to others. This is because negligence liability requires the breach of a duty, and as a general rule the failure to act to prevent harm is… Read More »
Proving Fault in Suits For Injuries on Public Lands
PLAINTIFFS MUST PROVE THAT PUBLIC ENTITY DEFENDANTS WERE AT FAULT FOR INJURIES OCCURRING ON PUBLIC LANDS. A mandatory element of an injured plaintiff’s claims against a government defendant for injuries occurring on public lands is the defendant’s “fault.” Plaintiffs can prove fault by proving either: (a) the public entity created the dangerous condition; or (b)… Read More »
