Tag Archives: malpractice lawyers
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 »
Use of Expert Testimony to Establish a Lawyer’s Malpractice
WHEN IS EXPERT TESTIMONY NOT REQUIRED IN LEGAL MALPRACTICE ACTIONS? Legal malpractice lawsuits often involve expert testimony (often offered by attorney-experts) to establish the defendant lawyer’s breach of a duty to the plaintiff. Where the breach of duty is “clearly established” to a degree that no reasonable person could conclude the attorney was not… Read More »
Attorney Liability to Non-Clients, Part 2: The Intended Beneficiaries
As a general rule, attorneys can only be held liable for malpractice where the plaintiff (the injured party) was the attorney’s client at the time the malpractice occurred. However, courts have also held attorneys liable to non-clients in a narrow, specialized range of cases. One of these occurs when the person (or company) injured… Read More »
