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Los Angeles Professional Malpractice Law Blog

Appeals court revives malpractice case against California law firm

California law firm Morrison & Foerster might have temporarily thought that it had escaped liability in a legal malpractice case filed against it in 2015 by an investment bank client. Firm principals were undoubtedly buoyed by a 2016 ruling issued by a New York trial court that dismissed the bank's lawsuit against it.

Any resulting euphoria was short-lived, though. An appellate court revived the case last week, announcing that the plaintiff's allegations of negligent client representation were sufficient to send the case back to trial.

How do you legally determine a breach of contract?

If you have ever entered into an agreement with someone regarding property, business endeavors or financial obligations among other things, you have probably signed a contract. Your contract plays a critical role in protecting you, as well as the other party who you are under contract with. With detailed clauses that define both you and your partner's obligations, duties and anticipated benefits, you can have peace of mind that your best interest is protected in a way that is bound by legal terms in the state of California. 

In cases where you suspect your contract has been breached by the other party, you may be wondering how to identify whether or not a failure has occurred. According to The University of New Mexico Judicial Education Center, courts determine if a contract has been breached by one or both parties, by assessing several key factors. Some of the questions you can expect the courts to address in these types of cases include the following:

  • Were there any modifications made by yourself or the other party that changed the meaning of the original content?
  • Does the contract failure fall under a material or minor breach?
  • Did you ever enter into a contract that existed under legal definition?
  • What were the individual obligations of both you and the other contracted party?
  • Were you and/or the other party negatively compromised by the breach?
  • Does the breaching party have a sound legal defense to back up their actions?

State bar ire against attorneys can owe to multiple causes

California residents who firmly believe that the legal assistance they have sought from a state attorney has been troublingly deficient might reasonably want to note a couple things.

First, it is not uncommon for clients in the state to sometimes feel that way. Even a brief scan of disciplinary proceedings against problem lawyers readily reveals that a high number of them have been derelict in their client duties.

Not exactly a winning argument for disbarred California attorney

You're making "a big issue out of nothing."

That contention made by a long-time California attorney in response to a disciplinary outcome recently handed down by the state bar wasn't an utterance much appreciated by officials from the state's governing legal body.

How do you know if you have a case for wrongful termination?

When film producer Harvey Weinstein was fired recently following multiple allegations of sexual misconduct in the workplace, you may have been surprised to learn that he contested the decision by filing a wrongful termination lawsuit. While it may be common for employees to feel that their getting fired was unfair, the legal grounds for termination to be considered wrongful are quite specific.

What exactly is wrongful termination, and how do you know if you have a case?

Actor files broad-based malpractice suit against LA law firm

Famed actor Johnny Depp has never been timid about acting resolutely to promote his best interests in the entertainment industry.

Unquestionably, the same holds true when it comes to spotlighting the alleged wrongdoing of third parties that Depp contends has scammed him out of millions of dollars.

Federal court: law firm negligent in pension-related advice

A firm prerequisite to the purchase of a manufacturing company for a pair of would-be equity investors was the absolute assurance that they would not be held personally liable for any issues relevant to the company's pension plan if their business venture tanked.

They gained that requisite assurance from a law firm they relied upon for counsel, with its lawyers insisting that no liability would attach if the acquisition was structured in a certain way.

Lender: law firm breached disclosure duty to us re loan

Both sides in a heated legal battle have asked a federal judge to rule in their favor and to dismiss the other party's claim. Unless the court opts to do so, their multi-million-dollar dispute will be headed to trial next month.

That matter is focused squarely on language set forth in a legal opinion letter (a document written by an attorney or law firm expressing views regarding a transaction's risks that are often relied upon in a matter by its recipient).

Should the California bar pass-rate threshold be relaxed?

Yes. No. Maybe.

Those quick answers to the above-posed headline query in today's blog post instantly reveal the all-over-the-map attitudes of surveyed individuals who have more than a passing interest in the matter.

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