Tag Archives: legal malpractice
Where Can a Trust Be Sued? (Part 3: Jurisdiction)
As we saw in a previous article, in order to sue a trust in California (or anywhere in the United States), the suit or claim must be brought in the proper venue, before an entity (court or other body) with jurisdiction to hear the claim. Today, let’s take a closer look at jurisdiction. Briefly… Read More »
Where Can a Trust Be Sued? (Part 2 of 3: Venue)
WHAT IS THE PROPER VENUE FOR TRUST LITIGATION? Venue is a legal term that refers to the proper geographical location in which to file a claim. Generally speaking, when filing proceedings against or involving a trust in California, the proper venue depends on (a) the status of the trust, and (b) the geographical location… Read More »
Where Can A Trust Be Sued? (Part 1 of 3)
WHERE A TRUST CAN BE SUED DEPENDS ON THE PROPER JURISDICTION AND VENUE Generally speaking, the rules that control trust litigation in California can be found in the California Probate Code. The question of where a trust can be sued involves issues of jurisdiction and venue. Briefly stated, “jurisdiction” refers to the authority of… Read More »
When Must a Lawyer Check for Conflicts of Interest?
LAWYERS MUST RUN A CONFLICT CHECK BEFORE AGREEING TO REPRESENT A CLIENT Where a conflict of interest exists, a lawyer must: Obtain proper consents and clearances, if the conflict can be waived Refuse to represent the potential client, if the conflict cannot be waived or addressed in a way that permits representation Since this… Read More »
When Do Lawyers Have Conflicts of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of an attorney-client relationship, a “conflict of interest” exists when a lawyer’s interests are in conflict, or are not aligned, with the interests of: The lawyer’s own client A different client the lawyer represents (or, in some situations, a client the lawyer represented in the… Read More »
What Are “Legal Services” For Purposes of the Statute of Limitations on Legal Malpractice?
THE STATUTE OF LIMITATIONS FOR LEGAL MALPRACTICE California Code of Civil Procedure Section 340.6 says that if a lawyer engages in wrongful acts (or omissions) that constitute malpractice, the injured plaintiff generally* must bring a civil action against the lawyer within the earlier of: One year after the plaintiff first discovers the facts that… Read More »
What is the Statute of Limitations on Legal Malpractice?
WHAT IS A STATUTE OF LIMITATIONS? A “statue of limitations” is a law that establishes the period during which a lawsuit or other claim can be brought against a wrongdoer. Phrased differently, a statute of limitation establishes the deadline before which a claim must be made, and a lawsuit filed. When the deadline in… Read More »
Can a Client Sue a Lawyer for Emotional Distress?
EMOTIONAL DISTRESS DAMAGES GENERALLY ARE NOT RECOVERABLE IN LEGAL MALPRACTICE ACTIONS As a general rule, damages for legal malpractice do not include emotional distress if the client suffered only economic loss or property damages. This is because, under California law, lost property does not “naturally” lead to emotional distress. While it’s true that the… Read More »
Lawyers Must Cite the Law Correctly–And Disclose Adverse Authority
LAWYERS MUST DISCLOSE KNOWN & CONTROLLING LEGAL AUTHORITY A lawyer’s duty of candor includes both positive and negative duties relating to legal authority. When presenting arguments and evidence to a court or other tribunal: A lawyer must: Use only means that are consistent with the truth (California Business & Professions Code Section 6068(d)) Disclose… Read More »
Lawyers Must Not Lie, or Destroy or Suppress Evidence
A lawyer’s duty of candor impacts the way lawyers can present and handle evidence. Essentially, the duty requires lawyers to be honest, and straightforward when dealing with judges, juries, and legal proceedings. Let’s look at some of the ways this duty impacts a lawyer’s actions. LAWYERS MAY NOT MISLEAD JUDGES OR JURIES Lawyers cannot… Read More »
