Tag Archives: California Malpractice
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 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 »
How is Legal Malpractice Different From Attorney Discipline?
WHAT IS LEGAL MALPRACTICE? “Legal malpractice” is a common term for Professional Negligence, which is a form of legal liability that occurs when a lawyer behaves in an actionably negligent manner when giving advice, representing a client, or handling a client’s legal affairs and when that improper conduct results in damage to the client. This… Read More »
Who Can Sue a Lawyer for Malpractice?
GENERALLY, ONLY CLIENTS CAN SUE A LAWYER FOR MALPRACTICE In California, the general rule is that privity of contract (i.e., a contractual relationship) is a required element of standing to bring a malpractice claim. Put another way, only clients (generally, former clients) can usually bring malpractice claims against lawyers in California. The necessary privity of… Read More »
