Recent Blog Posts
Who Can be Sued for Breach of Fiduciary Duty?
Someone who owes, and breaches, a fiduciary duty in a manner that causes injury to the beneficiary.* *As long as the legal elements of the claim are met. BREACH OF FIDUCIARY DUTY IS A TORT IN CALIFORNIA Under California law, breach of a fiduciary duty is a tort (a civil wrong). When the required… Read More »
Can I Sue Someone for Interfering With My Inheritance?
If your situation meets the required elements for a legal claim, you absolutely can. INTENTIONAL INTERFERENCE WITH EXPECTED INHERITANCE In California, intentionally interfering with another person’s expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met). Essentially, a claim arises when… Read More »
What is a Trust, and How Are Trusts Created in California?
WHAT IS A TRUST? In California (as in other U.S. states), the law establishes various ways in which the property of a deceased person (a “decedent”) passes to his or her heirs. When the decedent leaves only a will, or dies without any valid estate planning documents, the decedent’s property (called the “estate”) usually… 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 Can a Lawyer NOT Represent a Client?
DISQUALIFICATION OF LAWYERS A lawyer may be disqualified from representing a client in a variety of situations. If the situation exists before an attorney-client relationship is formed, the lawyer may be (and often is) prohibited from representing the potential client. If the situation arises after an attorney-client relationship is formed, the lawyer may (and usually must) resign… Read More »
What Happens if a Lawyer Violates Conflict of Interest Rules?
WHAT HAPPENS IF A LAWYER BREAKS THE CONFLICT OF INTEREST RULES? Lawyers have a duty to identify conflicts of interest and handle them properly. If a California lawyer breaks the conflict of interest rules, (s)he may be subject to: disqualification/an order to recuse himself or herself from representing the relevant client in some cases,… 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 »
