California legal authorities – the state’s Supreme Court, State Bar and other regulators – harbor no ambiguity when it comes to making determinations concerning whose interests are paramount in any attorney-client interaction. It is simply a bedrock...
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Legal Malpractice
Potential warning flag for attorney clients: gluttony?
What do you think of when you hear the term “gluttony?” Many people might readily conjure up an image of a person who just can’t leave the buffet. Gluttony might similarly serve as an apt descriptor for an individual whose appetite for accumulation,...
What are some common mistakes spurring malpractice claims?
A commentator notes in a recently penned law journal article a widely held misconception concerning legal malpractice. Namely, that is this: the predominant concern of many attorneys that they will be found liable for one or more major mistakes they make in their...
CA legal malpractice insurance mandate on near horizon?
A key California rule governing attorneys requires all practicing lawyers across the state to inform clients in writing if they don’t carry liability insurance. Proponents of that mandate regard it as a core protection for the general public. Practitioners who don’t...
A growing concern with attorney stress, client impact
Every occupational group has inherent stresses and pressures that can mar individuals’ work quality and compromise their delivery of services to third parties who depend on them. Doctors are well known in that regard, for instance, as are airline pilots and...
Character traits can get a CA lawyer in trouble, including pride
The saying, “Pride comes before a fall” underscores that arrogance or a haughty nature often spurs conduct that can be injurious and self-defeating. Indeed, pride can easily cloud wise decision making and lead to adverse outcomes for individuals who can’t shelve their...
Privity of contract principle spotlighted in legal malpractice case
Clients retaining attorneys to promote their rights in legal matters justifiably assume that their legal counsel will always act competently. That so-called “standard of care” does not mean that a lawyer must be a paragon of perfection. Rather, it mandates that legal...
Apathy, laziness stressed in many attorney malpractice claims
Two attorney authors who concentrate on ethics in the legal industry duly note that many practitioners become ensnared in client-linked difficulties when they fail to routinely focus on and remain sharp in their representation. That’s obvious, right? And writers Shari...
The elements of a California legal malpractice case
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...
Novel response to attorney disbarment: reemerge with new identity
California has legions of attorneys. Their client advocacy spans every conceivable practice area, and they are present and active in every corner of the state. Given the scores of thousands of practicing lawyers, it stands to reason that their collective range of...