Tag Archives: lawyers
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 »
Understanding the Statute of Limitations in Legal Malpractice Cases, Part 2
To read this article from the beginning, click here for Part 1: WHAT DOES “TOLLING” MEAN? A statute that is “tolled” is effectively “paused.” With regard to the statute of limitations (a law that limits the amount of time a plaintiff has to bring a lawsuit against a defendant) any facts or situations that “toll”… Read More »
Understanding the Statute of Limitations in Legal Malpractice Cases (Part 1)
WHAT IS A STATUTE OF LIMITATIONS? A statute of limitations is a law (a “statute”) that limits the amount of time a plaintiff has to bring a legal claim against a defendant. In cases involving legal malpractice (professional negligence) the statute of limitations controls how much time the allegedly injured plaintiff has to bring a case… Read More »
Emotional Distress in Legal Malpractice Cases
EMOTIONAL DISTRESS DAMAGES ARE NOT NORMALLY AVAILABLE IN LEGAL MALPRACTICE ACTIONS Some lawsuits, and some types of claims, allow a plaintiff to recover (or attempt to recover) damages to compensate for emotional distress (and resulting injuries) suffered as a result of a defendant’s wrongful conduct. The general rule in California is that damages for… 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 »
When is the Lawyer’s Conduct NOT the Cause of the Plaintiff’s Damages?
NOT ALL WRONGFUL ACTIONS CONSTITUTE ACTIONABLE MALPRACTICE Losing a lawsuit is stressful, and plaintiffs often want to hold “someone” responsible for the loss. However, losing a lawsuit (without more) is not malpractice, and even if an attorney did act improperly in the course of representation, not every wrongful act or error constitutes actionable malpractice. Similarly,… Read More »
When Does a Lawyer Owe a Duty of Care to Non-Clients?
GENERALLY, ATTORNEYS OWE NO PROFESSIONAL DUTY TO NON-CLIENTS. The general rule in California (and elsewhere) is that while attorneys owe a professional duty to their clients, and may be held legally liable for a breach of that duty, attorneys owe no such duty to people and entities they do not represent. Since duty is a mandatory… Read More »
Defenses to Malicious Prosecution: Advice of Counsel
Reliance on the Advice of Legal Counsel is an Affirmative Defense to Malicious Prosecution Claims. “Reliance on the advice of counsel” is one of several affirmative defenses available to the defendant in a malicious prosecution action. While substantive defenses attempt to prove the defendant’s innocence of the charges,affirmativedefenses invoke the existence of other facts which excuse a… Read More »
The High Cost of Legal Malpractice Lawsuits
How Much Does a Legal Malpractice Lawsuit Cost? It’s impossible to answer this question precisely, because the cost of pursuing a claim for legal malpractice (professional negligence) varies on a case by case basis. If the plaintiff/claimant has clear, documented evidence of an attorney’s professional negligence, the costs of a lawsuit are generally lower–or may… 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 »
