It depends. Most investment disputes in California are resolved through FINRA arbitration, particularly when the brokerage agreement includes a mandatory arbitration clause. If the financial advisor is not FINRA-registered or the agreement does not require...
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Professional Malpractice Law
Can technology failures lead to malpractice liability?
Technology failures can lead to malpractice liability when a professional's response to those failures falls below the standard of care. Many licensed professionals now work through cloud systems, client portals, e-filing platforms and calendar software. California...
What must a plaintiff prove in a professional malpractice case?
Professionals such as doctors, lawyers and accountants provide services that the public relies on. When a provider fails to meet the applicable standard of care and a client suffers harm, California law may provide a remedy through a professional malpractice claim. In...
What mistakes can lead to professional malpractice in California?
Hiring a licensed professional, such as a doctor, lawyer or accountant, comes with the expectation of a high level of competence. Neglecting to uphold this standard can lead to physical, legal or financial harm. Under certain circumstances, this negligence may...
What are some warning signs of accounting malpractice?
Filing taxes in California can be a stressful and time-consuming process for any business owner. If you rely on an accountant, you expect them to manage your finances with a high degree of care and precision. They should handle complex details and stay updated on tax...
What if your accountant caused penalties by missing deadlines?
Missed tax deadlines can cost your business thousands of dollars in penalties. If your accountant's negligence caused you to face penalties that could have been prevented, you may have grounds to pursue a professional malpractice claim and recover losses under...
What to do when a therapist commits an ethical violation
When you enter therapy, you place your mental well-being and deepest vulnerabilities in the hands of a professional. While most therapists provide vital support, some cross lines that result in psychological harm. In California, licensed professional clinical...
Can malpractice arise from errors in contract drafting or review?
When you hire a professional to draft or review a contract, you expect clear terms and strong protection. A poorly written agreement can create confusion, financial loss, and long disputes. In California, drafting mistakes can form the basis of a professional...
Are online professionals subject to the same malpractice rules?
Online services make it easy to get professional help without meeting in person. Many people now receive advice, designs, or financial services through websites and video calls. You may wonder if California law treats online professionals differently. How California...
Can professional malpractice include failure to supervise?
When you rely on a professional, you expect not only skilled work but proper oversight of the people assisting them. In California legal malpractice claims, failure to supervise associates or staff can play a direct role in causing harm. Courts focus on whether...