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Tag Archives: California lawyers

Do Written Releases of Liability Have Any Limitations?

By Robert Ross |

Before engaging in sports or other recreational activities, people are often asked to sign a written release or waiver of liability. These releases generally contain language absolving the person or company running the activity from “all” liability (including liability resulting from the company’s own negligence) if the participant is injured during the course of… Read More »

When Can Heirs of an Estate Sue Lawyers for Malpractice?

By Robert Ross |

“INTENDED BENEFICIARIES” OF A LAWYER’S SERVICES MAY HAVE STANDING TO BRING MALPRACTICE CLAIMS. In California, the existence of an attorney-client relationship is generally required in order to bring a malpractice claim against a lawyer. This means that in most cases, non-clients cannot sue a lawyer for malpractice. However, California recognizes an exception to this rule… Read More »

Proceedings That Do Not Support Malicious Prosecution Claims

By Robert Ross |

NOT ALL LEGAL PROCEEDINGS SUPPORT MALICIOUS PROSECUTION CLAIMS Although many legal proceedings, civil and criminal, can support a claim for malicious prosecution when the elements of the claim are present, there are some types of proceedings which cannot form the basis of a malicious prosecution action. For various reasons, the law and California courts have placed… Read More »

Imposing Sanctions For Malicious or Frivolous Lawsuits

By Robert Ross |

SANCTIONS ARE PENALTIES IMPOSED ON PEOPLE WHO ABUSE OR MISUSE THE LEGAL SYSTEM. In law and the legal system, “sanctions” refers to a variety of penalties that punish misuse of the law and/or the legal system. Sanctions, like punitive damages, exist to encourage compliance with the law (to discourage misuse of the system) and… Read More »

People Have a Duty to Maintain Property And Eliminate Hazards

By Robert Ross |

People who own, possess, or control property have a legal duty to maintain the land (and buildings or other structures on it) in reasonably safe condition. Many times, the duty is described as a “landowner” duty, but in reality it applies to people other than landlords and property owners alone. Anyone who has possession or… Read More »

“Unclean Hands” as a Defense to Malicious Prosecution

By Robert Ross |

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 »

What Kinds of Proceedings Can Trigger a Malicious Prosecution Claim?

By Robert Ross |

Malicious prosecution requires “commencing and pursuing” a legal action without probable cause. Most people think a “legal action” means a lawsuit–and it often does–but lawsuits are not the only “actions” that support a claim of malicious prosecution. Let’s take a look at some of the different varieties of legal actions that may support a… Read More »

Probable Cause in Malicious Prosecution Actions

By Robert Ross |

EVERY CLAIM IN A LAWSUIT MUST BE SUPPORTED BY PROBABLE CAUSE Lawsuits often contain many different “claims” or causes of action. Every cause of action must be supported by probable cause–a reasonable belief that the claim is valid and supported by law. A plaintiff (and, in proper cases, a lawyer) who files a claim without… Read More »

The Differing Standards For Attorney Discipline & Malpractice

By Robert Ross |

California Lawyers who fail to represent clients competently, and in accordance with applicable ethical standards, may be liable both to the client and to the California Bar Association. While civil  liability to the client generally results in awards of damages (monetary awards granted by a court), the Bar Association’s disciplinary committee has a range… Read More »

What is Premises Liability?

By Robert Ross |

By law, property owners have a duty to certain people who live, work, or enter upon their property. In many cases, the law also imposes this duty on people who manage or control property. If someone suffers an injury at your home or business, you may (or may not) end up on the receiving… Read More »

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