Tag Archives: legal malpractice
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 »
How to Identify a Lawyer’s Breach of Duty to a Client
“Breach of a duty (owed to the plaintiff)” is a major element of a legal malpractice case, and like the other elements, the plaintiff bears the initial burden of proving breach of duty. BREACH OF DUTY IS NORMALLY A QUESTION OF FACT At trial, issues of law are normally decided by the judge, but… 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 »
“Judgmental Immunity” in Legal Malpractice
WHAT IS THE JUDGMENTAL IMMUNITY DEFENSE ? The “judgmental immunity doctrine” protects attorneys from liability for legal malpractice in many cases involving unsettled points of law. Courts do not expect, or require, lawyers to predict how a court will settle or resolve an unsettled issue or point of law. As a result, if a lawyer makes… 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 »
“Unclean Hands” as a Defense to Malicious Prosecution
What is the “Unclean Hands” Defense? “Unclean hands” belongs to the group of legal defenses known as “affirmative defenses.” Affirmative defenses are, as the name suggests, a type of defense in which the defendant claims that some other fact (or set of facts)–normally different from the facts at issue in the case itself–defeat or mitigate the… Read More »
When (and What) Must a Lawyer Communicate With Clients?
WHAT IS INCLUDED IN THE LAWYER’S DUTY OF COMMUNICATION? The lawyer’s duty to his or her clients includes an obligation to engage in “adequate communication.” People interpret communication differently, but the lawyer’s duty of adequate communication includes (at a minimum) the following: 1. Keeping the client reasonably informed about significant developments in the client’s… Read More »
Conspiracy, Illegal Interference, and other Claims Against Lawyers
In addition to malpractice (professional negligence), breach of fiduciary duty, and other intentional torts, attorneys may be held liable (and sued) for a variety of legally wrongful actions which damage current or former clients (and, occasionally, third parties). Let’s take a look at a few of these: CIVIL CONSPIRACY (WITH A CLIENT) Lawyers may… Read More »
Attorneys’ Liability for Fraud & Intentional Torts
In addition to legal malpractice, breach of fiduciary duty, and contract-related legal claims, attorneys may also be held liable for intentional torts committed in the course of law practice (and otherwise). WHAT IS A TORT? A “tort” is a “civil wrong” — meaning an action which the law prohibits but which is actionable in… Read More »
Lawyers and Breach of Fiduciary Duty
In addition to malpractice (professional negligence) lawyers can be held liable to clients for “breach of fiduciary duty,” which is a separate (but often related) cause of action. The elements of the action for breach of fiduciary duty are: 1. The lawyer must owe (or have owed) a fiduciary duty to the plaintiff. 2. The… Read More »
