Author Archives: Robert Ross
Certain Client Behaviors Provide a Defense to Legal Malpractice
In some situations, the client’s conduct may provide (or contribute to) a lawyer’s defenses in a malpractice case. While “blaming the client” may feel unfair to some people (especially clients), there are situations where the client’s behavior legitimately excuses or contributes to the lawyer’s negligence in ways that create a partial (or complete) defense for… Read More »
When is a Lawyer Liable for Breach of Fiduciary Duty to a Client?
IS BREACH OF FIDUCIARY DUTY THE SAME AS LEGAL MALPRACTICE? Breach of fiduciary duty is not the same as legal malpractice or professional negligence. While both are legally recognized wrongs that fall within the scope of tort law, breach of fiduciary duty is a separate tort, with separate remedies, than those available for professional negligence. WHAT… Read More »
What Are the Elements of Attorney Fraud?
People often use the word “fraud” to describe a variety of actions, words, and activities that fall short of legally-recognized “fraud.” When considering a claim against a lawyer, a client (or former client) should be aware that “fraud” has a legal definition–and test–when applied to a lawyer’s conduct. LAWYERS CAN BE SUED FOR FRAUD,… Read More »
Can You Sue a Government Lawyer for Malpractice?
PROSECUTORS RECEIVE IMMUNITY FROM CERTAIN MALPRACTICE CLAIMS UNDER FEDERAL LAW A federal statute (42 USC § 1983) gives criminal prosecutors immunity for actions “intimately associated with the judicial phase of the criminal process.” In some situations, public defenders may also receive immunity for actions taken in connection with defending their clients at trial. Further, federal prosecutors receive… Read More »
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 »
Tolling the Statute of Limitations During Continuing Representation
GENERALLY, THE STATUTE OF LIMITATIONS IS TOLLED FOR THE DURATION OF THE ATTORNEY’S REPRESENTATION OF THE CLIENT.* *However, some exceptions do exist, as we will discuss below. The statute of limitations on malpractice is generally tolled for the duration of the attorney’s representation of the client in the ongoing matter where the malpractice occurred…. Read More »
Tolling the Statute of Limitations on Malpractice
WHEN DOES A CLIENT “DISCOVER” LEGAL MALPRACTICE FOR PURPOSES OF THE STATUTE OF LIMITATIONS? A client has “discovered” an attorney’s malpractice for statute of limitations purposes when the client knows or should have known about the lawyer’s wrongful act or omission. The client does not have to realize that the wrongful act constitutes “negligence” or “malpractice”… 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 »
