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Tag Archives: professional negligence

The Importance of Causation in Legal Malpractice

By Robert Ross |

CAUSATION IS ONE OF THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM The elements of a prima facie claim for legal malpractice are: — the existence of a duty; — the breach of that duty; — damages (suffered by the claimant); and — causation (specifically, the breach of the relevant duty must be the cause of… Read More »

What is Legal Malpractice?

By Robert Ross |

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

By Robert Ross |

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 »

Do Courts Have to Notify the Bar of Attorney Misconduct?

By Robert Ross |

California Attorneys Are Licensed By the State Bar Association (the “Bar”) In California, attorneys must have a license from the California Bar Association (sometimes called the “bar”) to practice law. People who do not possess either a California bar license or other permission to appear and represent clients in California are not authorized to act… Read More »

When Are Lawyers Responsible for Other Lawyers’ Malpractice?

By Robert Ross |

As a general rule, lawyers are responsible for their own professional negligence (malpractice) but not for the acts of others. From a policy standpoint, this makes sense: a lawyer should be liable only for his or her own conduct, or for the conduct of those (s)he supervises. However, there are some circumstances in which… Read More »

When Does a Lawyer Owe a Duty of Care to Non-Clients?

By Robert Ross |

GENERALLY, ATTORNEYS OWE NO PROFESSIONAL DUTY TO NON-CLIENTS. The general rule in California (and elsewhere) is that while attorneys owe a professional duty to their clients, and may be held legally liable for a breach of that duty, attorneys owe no such duty to people and entities they do not represent. Since duty is a mandatory… Read More »

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