Tag Archives: malpractice
When Your Lawyer Quits: Avoiding Prejudice to the Client
This post is part of an ongoing series about the obligations lawyers have when terminating (quitting) representation of a client. To start from the original post, click here (the post will open in a new window). A LAWYER MUST AVOID CAUSING PREJUDICE TO THE (FORMER) CLIENT Lawyers who withdraw from representing a client… Read More »
Can a Lawyer Quit Representing a Client?
CAN MY LAWYER QUIT REPRESENTING ME? Short answer: yes. More accurately: Lawyers can withdraw from representing a client (or “quit” representing the client) in a variety of situations. However, as a general rule, lawyers can’t just “quit” any time they feel like doing so. In fact, a lawyer who withdraws, or terminates a relationship… Read More »
Are Consultations With a Lawyer Confidential?
Even though (in most cases) an attorney-client relationship is required to support a malpractice claim, even a consultation can be enough to establish an attorney-client relationship for purposes of attorney-client privilege. WHAT IS ATTORNEY-CLIENT PRIVILEGE? Attorney-client privilege is one of the oldest confidentiality protections recognized in the United States. Although the name includes both… Read More »
Can I Sue An Attorney Who Gave Me A Consultation?
WHAT IS A LEGAL CONSULTATION? Many lawyers offer consultations, (often free of charge) at which a potential client can ask questions about a potential case or claim. Sometimes, the lawyer will offer suggestions, or discuss the potential claims or legal actions available to the potential client. Consultations also give the lawyer an opportunity to consider whether… Read More »
When and How Does the Attorney-Client Relationship End?
An attorney-client relationship lasts until (a) terminated by the client, the attorney, or both, or (b) the purpose of the representation has been fulfilled (or cannot be fulfilled, as a matter of law). Lawyers have a legal obligation to complete the matters for which a client hired them, unless the attorney-client relationship is terminated… Read More »
When Has a Lawyer Breached His or Her Legal Duty of Care?
HOW DOES BREACH OF DUTY RELATE TO LEGAL MALPRACTICE? Legal malpractice (also called professional negligence) involves a lawyer’s breach (violation) of a legally mandated duty of care. Specifically, a breach of the professional standard of care that is applicable to the relevant situation. When evaluating a lawyer’s potential breach of duty, the issue is whether the… 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 »
What is Legal Malpractice?
WHAT IS “LEGAL MALPRACTICE”? The term “legal malpractice” refers to the professional negligence of an attorney within an attorney-client relationship. Less formally, “legal malpractice” occurs when an attorney acts negligently in the course of representing a client. It is a form of negligence, which is a tort (a “civil wrong”). Strictly speaking, legal malpractice is… Read More »
Legal Malpractice FAQ
Here are some commonly-asked questions (and answers) about legal malpractice:* Q: WHAT IS LEGAL MALPRACTICE? A: “legal malpractice” is the term for professional negligence committed by an lawyer. Less formally, “legal malpractice” occurs when a lawyer commits negligence in the course of representing a client. Q: IS LEGAL MALPRACTICE A CRIME? A:… Read More »
The Special Duties Owed by Professionals
CALIFORNIA LAW IMPOSES A SPECIAL DUTY OF CARE ON MANY PROFESSIONALS Generally speaking, people engaged in professional occupations in California must behave not only with the standard duty of care (that of acting like a reasonable person under the circumstances) but are held to the higher standard of a reasonable professional with the learning,… Read More »
