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Areas of Practice
Legal Malpractice
We have had numerous cases in the State of California against
Attorneys who have committed malpractice against clients involving
all areas of the law from tort liability to business liability,
domestic liability, bankruptcy liability.
The liability of an attorney in his or her professional capacity,
like that of any other individual will depend on whether or not the
attorney has caused actual damages by breaching a duty owed to
another.
Once the attorney client relationship is established, an attorney
owes a duty to his or her client to employ such skill, prudence, and
diligence as attorneys of ordinary skill and capacity commonly
possess and exercises in the performance of the tasks which they
undertake. An attorney is not liable for errors regarding questions
of law on which reasonable doubt may be entertained by well informed
attorneys. An attorney is, however, expected to possess knowledge of
the plane and elementary principles of law that are commonly known
by well informed attorneys.
In a legal malpractice case arising out of underlying litigation,
the plaintiff is required to prove by a preponderance of the
evidence both that the attorney was negligent and that the plaintiff
would have obtained a better result in the underlying case if the
attorney had conformed to the standard of practice.
Common areas of liability include failure to meet timeliness,
involuntary dismissals of an action, allowing an entry of judgment
against a client, failure to follow clients instructions, and
failure by an attorney to convey a settlement offer to a client or
to settle a lawsuit without the clients consent.
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