Tag Archives: malpractice
Malpractice Liability to Non-Clients in Situations Involving Foreseeable Harm
Although as a general rule attorneys have no legally recognized duty (and thus, have no liability for malpractice) to non-client plaintiffs, California law does recognize an exception where the foreseeability of harm to a non-client outweighs “other policy considerations”–including the rule that attorneys should not be liable for malpractice in the absence of an attorney-client relationship. Whether or… Read More »
When Can Heirs of an Estate Sue Lawyers for Malpractice?
“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 »
Who Can Sue a Lawyer For Malpractice?
GENERALLY, AN ATTORNEY-CLIENT RELATIONSHIP IS A PREREQUISITE FOR MALPRACTICE CLAIMS. Most legal malpractice claims fall under the heading of “professional negligence” and, like other forms of negligence claims, require the existence (and breach) of some duty between the parties. In most cases, the duty required to support a malpractice action springs from the existence… Read More »
When Has a Lawyer Committed Malpractice?
WHAT IS LEGAL MALPRACTICE? Legal malpractice–sometimes also known as “professional negligence”–occurs when a lawyer engages in negligence, breach of contract, or breach of a fiduciary duty, and the lawyer’s actions (or failure to act) results in damages (harm) to another person — usually a client. Not all mistakes by lawyers rise to the level… Read More »
When Can Plaintiffs Recover Damages For Nuisance?
Legally actionable nuisances require more than merely conduct that a homeowner, renter, or occupant of property finds “annoying” or irritating. The law establishes a test for actionable nuisances that spells out precisely what a homeowner (or plaintiff with an interest in real property impacted by the nuisance) must prove in order to obtain a… Read More »
“Special Relationships” in Negligence: Businesses and Doctors
By law, the existence of a “special relationship” can create a duty for businesses and individuals to behave in a certain manner toward others, including (but not limited to) their customers and clients. Whether you own a business or were injured due to someone else’s negligence, it’s important to understand when and how these legally-recognized “special relationships”… Read More »
Certain Client Behaviors Provide a Defense to Legal Malpractice
In some situations, the client’s conduct may provide (or contribute to) a lawyer’s defenses in a malpractice case. While “blaming the client” may feel unfair to some people (especially clients), there are situations where the client’s behavior legitimately excuses or contributes to the lawyer’s negligence in ways that create a partial (or complete) defense for… Read More »
Can You Sue a Government Lawyer for Malpractice?
PROSECUTORS RECEIVE IMMUNITY FROM CERTAIN MALPRACTICE CLAIMS UNDER FEDERAL LAW A federal statute (42 USC § 1983) gives criminal prosecutors immunity for actions “intimately associated with the judicial phase of the criminal process.” In some situations, public defenders may also receive immunity for actions taken in connection with defending their clients at trial. Further, federal prosecutors receive… Read More »
Understanding the Statute of Limitations in Legal Malpractice Cases, Part 2
To read this article from the beginning, click here for Part 1: WHAT DOES “TOLLING” MEAN? A statute that is “tolled” is effectively “paused.” With regard to the statute of limitations (a law that limits the amount of time a plaintiff has to bring a lawsuit against a defendant) any facts or situations that “toll”… Read More »
Understanding the Statute of Limitations in Legal Malpractice Cases (Part 1)
WHAT IS A STATUTE OF LIMITATIONS? A statute of limitations is a law (a “statute”) that limits the amount of time a plaintiff has to bring a legal claim against a defendant. In cases involving legal malpractice (professional negligence) the statute of limitations controls how much time the allegedly injured plaintiff has to bring a case… Read More »
