When a lawyer has failed to meet the standards of care set forth by case law and the State Bar of California, they can be liable for legal malpractice. In most cases, legal malpractice occurs when a lawyer makes an error omission in representing a client, and this caused an adverse result for that client. This can include failing to file a lawsuit or filing a lawsuit too late. It can also include advising unnecessary litigation, or so mishandling a case or a transaction that the case or transaction fails, when it is more likely it would have succeeded but for the errors or omission by the attorney.
To prove legal malpractice, you must first show that the lawyer’s error or omission was the type of mistake that breached their professional standard of care. You must then show that this breach actually caused the client harm, and that the damages the client sustained were a direct result of the lawyer’s actions. This can be difficult to do, especially if the lawyer acted negligently, but arguably did not actually cause harm – for instance, because the result was likely to be as poor in the first place. A complex analysis of the admissible evidence from the “case-within-the-case” – the matter the attorney negligently handled – is required to establish a winning claim for legal malpractice.
There are many types of legal malpractice that can occur. Here are ten of the most common:
When your lawyer acts negligently, you can suffer greatly. The law allows for you to file a claim against your attorney when you believe their actions have caused you significant harm.
To bring a claim for legal malpractice against an attorney, you must establish several key elements. These 4 elements include:
Legal malpractice can have serious consequences for both the attorney and the client. It is important to understand the elements of legal malpractice in order to protect yourself if you believe you have been wronged by your attorney.
If you believe your attorney is guilty of legal malpractice, you will need to hire a legal malpractice attorney to assist you in filing the claims. It is understandable if you are leery of hiring another attorney after being poorly represented by your previous lawyer. However, filing a claim for legal malpractice and winning these cases is very difficult without legal representation. Legal malpractice cases are notoriously complex and require the aid of an experienced attorney. Your attorney can help by gathering evidence, including expert testimony, to show that your prior attorney’s conduct fell below the professional standard of care in California, and caused you resulting financial damage as a result.
We have over 30 years of experience helping clients through attorney malpractice cases. We know that you need someone on your side that can get you the results you deserve. When lawyers make mistakes, we are here to help the victims by providing high-quality legal advocacy. Call us today at (415) 982-4000 or fill out our confidential contact form for more information.
Attorney David M. Helbraun at the Helbruan Firm in San Francisco emphasize litigation and conflict resolution in the areas of legal malpractice, civil rights & police misconduct and insurance & tort litigation.