Tag Archives: plaintiff’s attorneys
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 »
Can You Sue the Government for Injuries Suffered on Public Land?
The “Governmental Immunity Doctrine” Protects the Government From Many Private Lawsuits Most Government entities are “immune from liability” – meaning they cannot be sued by private individuals, even those individuals are harmed by the government’s actions or inaction. Exceptions to the “governmental immunity” doctrine do exist, however; various statutes establish situations where private individuals… Read More »
Understanding Damages in Legal Malpratice Cases (Part 1)
DAMAGES ARE A MANDATORY ELEMENT OF A PLAINTIFF’S CLAIM FOR LEGAL MALPRACTICE. If the plaintiff cannot demonstrate that (s)he has actually suffered damage (as a result of the attorney’s breach of a legally recognized duty), the plaintiff cannot prevail, even if the attorney did actually breach a legally recognized duty to the plaintiff. This is true… 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 »
Alternative Forms of Attorney Competence
Generally, an attorney should only represent clients if he or she is competent in the relevant area. However, the law does allow attorneys to achieve competence by associating or consulting with other lawyers, as well as through education and MCLE. One reason newly-licensed attorneys often decide to work with a firm, or in an… Read More »
Allocation of Liability in Permissive Use Cases
“Permissive Use liability” describes a situation where the owner of a motor vehicle becomes liable to a third-party plaintiff for personal injuries or property damage caused by a driver the vehicle owner allowed to use the vehicle. THE PERSON CAUSING THE INJURY REMAINS PRIMARILY LIABLE, EVEN IN PERMISSIVE USE CASES The law considers the vehicle owner… Read More »
When is a Written Release of Liability Enforceable?
As we discussed in previous posts, California law generally holds that a valid, written, signed release or liability waiver is effective, and that an injured plaintiff cannot subsequently sue a defendant if a release was signed relating to the activity that caused the injury. However, releases and liability waivers must be adequate and comply with certain… Read More »
