Today’s blog headline could be easily rephrased as a question.
That might be this: What must a California client prove to establish that his or her legal counsel is liable for malpractice?
Establishing attorney malpractice in California is a two-step process. A sufficient judicial showing on both parts is required to warrant a client’s recovery for negligence.
Many people believe that a retained attorney’s material error automatically entitles them to a money recovery for botched performance. Others assume that any damages they incur indicate attorney negligence that must again be compensated.
Those views are incorrect. An attorney’s arguably deficient performance alone cannot establish grounds for a client’s malpractice recovery, especially if no damages were suffered. Conversely, some clients lose their cases even when their counsel’s representation must reasonably be construed as competent.
A malpractice finding requires that both substandard attorney advocacy and resulting damages occur, and that there is a close nexus between the two. We stress on our victims’ legal malpractice website at the proven Los Angeles law firm of Glickman & Glickman that “there must be evidence to prove that the attorney’s mistakes caused the damages.”
We diligently connect those legal dots for clients in every malpractice case we pursue. Our experienced lawyers know how important it is to establish accountability, deter similar conduct in the future, and secure a meaningful remedy marked by a maximum money recovery.
We welcome contacts to our firm to discuss the optimal results we strive for in every client matter.