Glickman & GlickmanGlickman & Glickman2026-07-09T10:57:28Zhttps://www.glickman-law.com/feed/atom/WordPress/wp-content/uploads/sites/1402688/2022/06/cropped-site-icon-32x32.pngOn Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Can breaching attorney-client privilege constitute legal malpractice?]]>https://www.glickman-law.com/?p=498712026-07-09T10:57:28Z2026-07-09T10:57:28ZThey say never lie to your lawyer. It is true. You shouldn’t. They are there to help you. At the same time, they also have a legal responsibility to keep your conversations confidential. This protection is commonly known as attorney-client privilege, which is in practice in California and other states in the United States. What if your attorney breaks it?
When can a breach of confidentiality become legal malpractice?
If your attorney’s breach of confidentiality jeopardized your case, it may constitute legal malpractice. However, for that, you should be able to prove the following things:
You and the attorney shared an attorney-client relationship.
You shared the information with your attorney in confidence.
You never shared that information with anyone else.
An attorney who, without a duty of care, divulges your information may be held liable for legal malpractice.
There are limitations to attorney-client privilege
There are certain circumstances during which attorneys can disclose confidential information. At such times, it might not be called legal malpractice. They may breach the attorney-client privilege when:
Disclosure is necessary to prevent certain serious harm or death
Disclosure prevents certain future crimes or fraud, depending on applicable professional conduct rules
Court orders disclosure
If you and your current adversary were joint clients of the attorney at one point in time, the communications shared during that period are usually exempt from protection.
What can you do now?
Every case is different and the court analyzes them based on their own merits. To protect your rights, you have to understand what your attorney was and wasn’t permitted to do. This offers a clear starting point for you to determine whether the breach was illegal and make an informed decision based on the specific facts of your situation. ]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[How long do you have to file for legal malpractice in California?]]>https://www.glickman-law.com/?p=498692026-07-02T06:56:59Z2026-07-02T06:56:59ZCalifornia’s deadline for filing claims
California generally applies two time limits for legal malpractice action. A client must file within one year from the date the client discovers, or through the use of reasonable diligence should have discovered, the facts constituting the lawyer’s wrongful act or omission. The claim also must be filed within four years of the wrongful act itself, whichever deadline arrives first.
Unless a statutory tolling exception applies to pause the clock, the four-year period acts as an outside limit that can block a claim even if discovery occurs later.
When the deadline may pause
California law allows limited exceptions that can delay the running of the statute of limitations:
Continued representation: If the attorney still represents the client in the same matter, the time may pause until that work ends.
No actual injury yet: A valid claim requires real, measurable harm. If no actual injury exists, the time period may not begin to run.
Concealment or disability: Fraudulent concealment by the attorney or certain client disabilities can affect the deadline in specific cases.
While these exceptions depend on the facts, even a small detail can change the result, so early legal review is crucial.
Why quick action matters
Even when exceptions apply, delays create serious risks. Evidence weakens, witnesses become harder to locate and legal arguments grow more difficult to support. California's legal malpractice statute of limitations is strict but nuanced. Understanding these timelines and the exceptions that apply can empower individuals to act decisively and protect their rights.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[4 California estate planning mistakes that can cost your heirs]]>https://www.glickman-law.com/?p=498642026-06-24T08:43:44Z2026-06-24T08:12:16ZYou may trust your estate plan reflects your wishes, but gaps in legal guidance can create real problems. In California, certain oversights may raise concerns about legal malpractice if your lawyer did not properly advise you or carry out key steps. These issues can reduce what your heirs receive and lead to avoidable disputes.
1. Failing to update your trust
Your lawyer should encourage regular updates to your trust as your life changes. If your attorney did not suggest reviewing your trust after major events, that omission may create risk.You may expect guidance after events such as:
Getting married, getting divorced or having a child
Buying or selling real estate
Experiencing significant financial changes
California law generally presumes a trust is revocable unless you state otherwise. If your lawyer did not explain your ability to amend or revoke your trust, that lack of advice may lead to confusion or unintended outcomes.
2. Drafting an unclear or vague will
A lawyer should draft your will with clear and precise language. If your attorney created a document that leaves room for interpretation, disputes may arise among your heirs.You may expect your lawyer to name beneficiaries clearly and avoid vague terms. When a will includes unclear wording, court involvement and added costs may follow. That outcome may raise questions about whether your lawyer met a reasonable standard of care.
3. Ignoring tax planning risks
Your lawyer should discuss how taxes might affect your estate. While California does not impose a state estate tax, federal estate taxes and other tax issues may still apply.You may expect your attorney to raise options such as:
Gifting assets during your lifetime
Creating and funding certain types of trusts
Reviewing and updating beneficiary designations
If your lawyer did not address these points, your estate may face avoidable tax exposure. That gap in planning may reduce what your heirs receive.
4. Forgetting to fund your trust
Drafting a trust is only part of the process. Your lawyer should also guide you in transferring assets into the trust. If that step did not happen, your estate may still go through probate.You may expect help with retitling property and aligning account ownership with your trust. When that guidance is missing, the trust may not function as intended.
When oversight turns into liability
Estate planning lawyers generally owe you a duty to provide competent guidance. When key steps go unaddressed, the impact on your heirs can be significant. In some situations, these oversights may support a claim of legal malpractice, depending on the facts and the harm involved.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[What counts as legal malpractice?]]>https://www.glickman-law.com/?p=498622026-06-19T19:55:14Z2026-06-19T19:55:14ZClients put a lot of trust in their attorneys as they expect the lawyer to fight for their rights and safeguard their interests. However, when the attorney fails to perform their duties according to the expected standard, resulting in financial damage to the client, they might be entitled to sue the lawyer for legal malpractice.
Actions that could constitute legal malpractice
While legal negligence can take many forms, specific patterns of misconduct often lead to liability. Here are some actions that could constitute legal malpractice:
Missing deadlines: If a lawyer misses legal deadlines or fails to file mandatory paperwork on time, the court could permanently dismiss the lawsuit.
Breaching fiduciary duty: When an attorney acts in their own self interest or puts the interest of others ahead in your case, it violates both ethical and legal standards.
Inadequate investigation or research: The lawyer must perform substantial investigation or research to prepare your case and a legal strategy for success.
Poor settlement strategy: An attorney pressuring a client to settle for a lower settlement from the other party because of personal interests could face liability for legal malpractice.
Clients could get frustrated when a legal case doesn’t go the way they expect and think they can file for legal malpractice. However, not every mistake or loss from a lawsuit stems from legal malpractice. The line between a legal malpractice and an ordinary lawsuit could be very thin.
Evaluating your options
If you suspect you have been a victim of legal malpractice, to successfully sue an attorney, you would have to prove that your financial losses are the result of their specific mistake. If you believe your previous attorney breached their duty of care, consulting with an experienced legal professional could help you protect your rights and understand your legal options forward.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Can estate beneficiaries sue a negligent lawyer?]]>https://www.glickman-law.com/?p=498592026-06-15T16:16:36Z2026-06-15T16:16:36ZThe exception to the rule of privity
In most legal matters, only the actual client can sue an attorney for malpractice. This standard is known as privity of contract.
California courts carved out a vital exception for estate planning. Lawyers owe a clear duty of care to the intended beneficiaries of a will or trust. If a drafting error or a failure to execute a document correctly reduces your inheritance, you have legal standing to pursue a lawsuit.
Proving the attorney caused your financial loss
To win a malpractice claim, you must demonstrate specific elements. The court looks closely at the original intent of the deceased person:
The lawyer accepted the task of drafting estate documents for the client.
The clear intent of the client was to pass specific wealth to you.
The negligence of the attorney directly caused you to lose that wealth.
You must show that but for the error of the professional, you would have received the assets. While California law allows lawsuits for any verifiable loss, resolving these complex courtroom disputes is highly resource-intensive. Because of the high cost of litigation, this firm chooses to only accept cases where private economic damages exceed $100,000, current as of June 2026.
Strict limitations on estate malpractice claims
Time is a critical factor in these cases. The statute of limitations for legal malpractice in California is generally 1 year from the discovery of the error, or 4 years from the date of the wrongful act, whichever occurs first. These strict deadlines mean you cannot afford to delay your investigation.
Protect your inheritance through proactive evaluation
Uncovering a major error in a trust or a will requires deep technical analysis. Speaking with an experienced trial attorney can help you determine if you have a viable case.
Engaging a legal malpractice specialist allows you to evaluate your options. Taking early action is the best way to recover what your loved one intended for you to receive.
]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[What mistakes can lead to professional malpractice in California?]]>https://www.glickman-law.com/?p=498572026-06-04T10:28:24Z2026-06-04T10:28:24ZHiring 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 constitute professional malpractice.
What constitutes professional malpractice?
Here are five common mistakes that often lead licensed professionals to face malpractice lawsuits:
Missing deadlines: Missing important dates, such as California’s statute of limitations, is a severe breach of a professional’s duty to a client.
Communication breakdowns: Withholding vital information prevents clients from making informed decisions.
Conflicts of interest: Representing opposing parties means neglecting a client’s best interest. This can directly violate a legal duty.
Misusing funds: Mishandling a client's money is a severe offense. It can result in civil liability. It can also potentially lead to the revocation of a professional license.
Failing to meet the standard of care: Medical professionals fall short of required standards when they execute their duties or skip necessary steps.
Though these mistakes differ in nature, they all represent a serious breach of the professional duty owed to a client. They can also form the legal foundation for a malpractice claim.
What are the key elements of a professional malpractice claim?
A negative outcome does not automatically indicate malpractice. To pursue a claim in California, it is crucial to prove these four legal elements:
Duty: A professional-client relationship establishes a legal standard of care.
Breach: The professional violated that standard through negligence or omission.
Causation: The error directly caused a negative outcome. This means the harm would not have occurred but for the professional's mistake.
Damages: The client suffered actual, measurable financial, legal or physical harm.
In California, plaintiffs must substantiate all four elements with strong evidence. Failing to prove even one of these components can result in a failed claim.
Protecting the right to recovery
It can be frustrating when a licensed professional harms legal cases, finances or health. California malpractice laws set a strict deadline for filing a claim. If this window passes, the right to seek compensation is lost forever.To protect the ability to recover requires a clear understanding of the legal options before time expires. Do not let a procedural issue stand in the way of justice and compensation.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Can multiple attorney errors support a legal malpractice claim?]]>https://www.glickman-law.com/?p=498552026-06-04T08:34:49Z2026-06-04T08:34:49ZA pattern of mistakes can strengthen a malpractice claim
Multiple errors may show more than one poor decision. The pattern could point to a broader failure to handle the case with reasonable care. Still, several errors do not automatically prove malpractice. Courts generally look for specific legal elements before a claim can move forward. Key considerations may include:
Duty of care: Before a claim can proceed, you generally need to show that an attorney-client relationship existed. That relationship gave the lawyer a professional duty to handle the matter with reasonable skill and care.
Failure to meet professional standards: The claim often requires evidence that the attorney acted below the level of care that competent lawyers would typically provide in similar circumstances.
Connection to the outcome: Courts generally look for proof that your attorney's actions or omissions changed the result of the underlying matter. A claim is usually stronger when the outcome likely would have been better without those errors.
Financial harm: A claim also requires actual economic loss tied to the attorney’s conduct. For example, you may face a measurable financial setback because of the lawyer's actions.
Beyond these factors, time limits can also affect a claim. In California, a person generally has one year from discovering the alleged wrongdoing to file a malpractice lawsuit. The law also sets an outside deadline of four years from the date of the alleged wrongful act or omission.
Reviewing the circumstances of your case
A series of attorney mistakes can create serious financial consequences. Examining how those actions affected the underlying matter can help show their significance in your case.
If you are pursuing financial compensation, it is important to understand how professional standards, causation and financial loss apply to your circumstances. Legal guidance can help you evaluate the facts and determine the options available in your situation.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[What are some warning signs of accounting malpractice?]]>https://www.glickman-law.com/?p=498492026-05-15T12:46:12Z2026-05-13T08:43:52ZFiling 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 law changes so that your records meet all legal requirements.
However, if your accountant starts acting suspiciously, it could be a sign of professional malpractice. Spotting these warning signs early can help you reduce losses and protect your business and money.
Careless document preparation
Malpractice can happen when an accountant makes avoidable errors on your financial documents. This can include misunderstanding tax rules, filing incomplete forms or missing deadlines.
Breaching fiduciary duties
Accountants have a legal and ethical obligation to act in your best interests. Failing to follow those responsibilities includes misusing your funds or disclosing confidential information.
Fraudulent financial reporting
When preparing your financial statements, accountants must prioritize transparency. Making changes without your knowledge or permission can cause legal trouble for you as the client.
Giving inadequate investment advice
Accountants can suggest investments if they have done enough research or have the right licenses. If they give advice without the necessary knowledge or approval, you could end up making choices that hurt your finances.
Noncompliance with standard practices
In the U.S., accountants must follow generally accepted accounting principles (GAAP) for their work. Ignoring these standards can expose you to penalties, tax issues or fines for misleading public filings.
Taking action for financial recovery
Spotting the signs of accounting malpractice early can help you prevent problems from escalating any further.Pursuing a professional malpractice claim can allow you to seek compensation while holding your accountant responsible for their errors. A legal professional can help you explore available options for reclaiming your financial security.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[When can repeated delay by an attorney become malpractice?]]>https://www.glickman-law.com/?p=498462026-04-29T09:56:51Z2026-04-29T09:56:51ZWhen does delay become a professional issue?
California attorneys owe clients a duty of diligence. This means they must act with reasonable diligence and promptness while handling a case.
Not every delay signals misconduct or malpractice. Some delays happen for legitimate reasons, such as crowded court calendars, scheduling conflicts, waiting for medical records or financial documents or ongoing settlement discussions.
The concern grows when delays are repeated, unexplained or caused by neglect. Examples may include failing to respond to court orders, missing a filing deadline that could lead to dismissal of a claim, not serving required documents or allowing a statute of limitations to expire.
Malpractice usually requires more than poor communication or frustration. In many cases, a client must show that the attorney’s negligence caused actual harm, such as a dismissed case, lost claim, avoidable judgment or significant financial loss.
Steps you can take
If your matter appears stalled, consider taking practical steps to understand what is happening:
Request a written update: Ask for the current status of your case, recent activity and expected next steps.
Review your retainer agreement: Check whether it addresses communication expectations, scope of work or billing practices.
Request your client file: California clients typically have the right to obtain file materials such as documents they provided, correspondence and filed pleadings. Reasonable copying or transfer costs may apply in some situations
Seek a second opinion: Another attorney may help you understand whether the delay is routine or a warning sign. Some lawyers offer brief consultations, while others may charge a fee.
These steps can help you assess whether further action may be necessary.
Moving forward
Some delays are part of the legal process. Repeated silence, missed deadlines or neglect that causes measurable harm may be different. Understanding that distinction can help you decide whether to stay the course, seek new counsel or, if serious neglect caused significant harm, consult a legal malpractice attorney about your options.
]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Common mistakes leading to legal malpractice]]>https://www.glickman-law.com/?p=498432026-04-24T16:40:55Z2026-04-24T16:40:55ZTechnical negligence and the "but-for" standard
Many claims stem from administrative oversights that jeopardize a case's standing. However, under California law, a mistake is only actionable if it meets the "trial-within-a-trial" standard..
Missing deadlines: Failure to adhere to the statute of limitations is a leading cause of claims. An attorney must act with the diligence necessary to protect your rights, including meeting all filing dates.
Inadequate investigation: Attorneys must perform due diligence. If an attorney ignores facts that would have altered the case's outcome, they may be in breach of their duty of care.
Proving technical negligence requires demonstrating that the attorney's error was the primary cause of a lost legal advantage, not just an unfortunate outcome.
Breach of fiduciary duty and ethical violations
California attorneys owe their clients a fiduciary duty. This is a legal obligation to act with absolute loyalty and integrity in the client’s best interest.
Conflicts of Interest: It is strictly prohibited to represent clients with adverse interests without informed written consent. A conflict can invalidate months of legal work and justify a malpractice claim.
Misuse of client funds: Commingling personal funds with client trust accounts is a severe violation of CRPC rules. This is one of the most frequent causes for disciplinary action by the State Bar.
Failure to communicate: Clients have a right to be informed about significant developments. Making major decisions without consent breaches the foundational trust of the relationship.
A breach of fiduciary duty often serves as a powerful basis for a malpractice claim, as it demonstrates a fundamental compromise of the attorney-client relationship.
Navigating the statute of limitations
Time is of the essence when pursuing a malpractice claim in California. The statute of limitations for legal malpractice is generally one year after the client discovers (or should have discovered) the error, or four years from the date of the error, whichever occurs first.
Missing this exceptionally short window can permanently bar you from seeking compensation, regardless of how egregious the attorney’s original mistake was.
If your previous counsel’s errors have caused you tangible harm, seeking guidance from a new legal team is essential. Navigating a malpractice claim requires a sophisticated deconstruction of your original case to prove that justice was denied due to professional incompetence.]]>