Tag Archives: Los Angeles attorneys
What is “Negligence Per Se”?
NEGLIGENCE “PER SE” CREATES A PRESUMPTION OF NEGLIGENCE IN CERTAIN CIRCUMSTANCES Negligence “per se” arises in situations where a statute (law) or other applicable regulation establishes a standard of care, a defendant breaks the law (thereby violating the standard of care) and injury results. Negligence per se creates a presumption that the defendant’s actions were… Read More »
The Auto Owner’s Liability for “Permissive Uses”
VEHICLE OWNER LIABILITY FOR PERMISSIVE USE OF A VEHICLE Under California law, motor vehicle owners are liable for the negligent acts (and accidents) of any person who operates the vehicle with the owner’s consent. The California vehicle code also creates similar liability for bailees, meaning people who rent out (or lease) automobiles that belong to another… 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 »
“Causation” in Legal Malpractice: Litigation vs. Transactional Issues
The plaintiff in a legal malpractice action generally bears the burden of proving that the lawyer’s professional negligence was the cause of the client’s damages. With some exceptions, the client must prove causation with legally admissible evidence or there plaintiff’s malpractice suit cannot prevail. The manner in which a client proves causation differs somewhat if… Read More »
A New Development in Construction Defect Liability
On July 3, 2014, the California Supreme Court issued a ruling in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (2014 WL 2988058) The case involved a lawsuit brought by a condominium owners’ association (essentially, a HOA) against the developer of the condominium building and the architectural firms who designed the building (along… Read More »
Attorney Diligence: Skills, Time, and Resources
We’ve spent the past few Mondays discussing attorney competence, which is the first prong of proper legal practice. Today, we’ll take a look at another important factor: attorney diligence. ATTORNEYS MUST TREAT CLIENT MATTERS WITH PROPER DILIGENCE Attorneys must only represent clients when the attorney can dedicate adequate time and resources to representation of… Read More »
