Glickman & Glickman Glickman & Glickman 2026-08-27T14:12:33Z https://www.glickman-law.com/feed/atom/ WordPress /wp-content/uploads/sites/1402688/2022/06/cropped-site-icon-32x32.png On Behalf of Glickman & Glickman, A Law Corporation <![CDATA[Can technology failures lead to malpractice liability?]]> https://www.glickman-law.com/?p=49896 2026-08-27T14:12:33Z 2026-08-27T14:12:33Z A system failure is not always malpractice A technical problem alone does not create liability. Malpractice may arise when a professional relies on inadequate systems, ignores critical alerts, fails to verify that a filing was accepted or fails to ensure that staff use digital tools correctly. In those situations, the core issue is often not the software itself. The real issue is how the professional responded to a known risk.

How minor technology errors can cause serious harm

Some technology mistakes seem minor at first, yet they can cause serious damage:
  • A calendar error causes a filing deadline to pass.
  • An unread e-filing rejection results in a lost claim.
  • Missing digital records weaken proof of liability or damages.
  • A security lapse exposes private client data or litigation strategy.
  • Faulty form software omits terms that protect a client's legal rights.
Together or individually, these errors can end a case or substantially reduce its value.

A claim still requires proof of harm

A plaintiff must generally prove that the professional owed a duty of care, that the professional's conduct fell below the applicable standard, that the breach caused the harm suffered and that the plaintiff sustained actual damages. In attorney malpractice cases, this often requires showing that the outcome more likely than not would have been different but for the professional's error – a standard sometimes called the “case within a case.” Causation requirements vary for other professional malpractice claims.

What to do if a technology failure harmed your case

When a digital tool fails and a professional does not catch the error in time, that gap – between the system failure and the professional response – is often where malpractice liability begins. In California, whether a technology-related error rises to the level of malpractice depends on the professional's conduct, not the software alone. A timely legal review can help determine whether the harm suffered was the result of professional negligence rather than an unfortunate system failure.]]> On Behalf of Glickman & Glickman, A Law Corporation <![CDATA[Can failing to raise a key defense lead to malpractice?]]> https://www.glickman-law.com/?p=49893 2026-08-27T06:19:58Z 2026-08-26T05:44:10Z Yes. Failing to raise a key defense can lead to a legal malpractice claim in California when the omission falls below the expected professional standard and causes actual financial harm. However, failure alone does not establish malpractice. The defense must have mattered to the underlying case, and the error must have contributed to the client’s loss. 

When can failing to raise a defense matter?

A lawyer must use the skill and care that reasonably careful legal professionals would use in similar circumstances. If counsel overlooks a defense that could materially affect a civil case, that failure may raise concerns about professional negligence. For example, a defense may limit liability, reduce damages or prevent a claim from succeeding. The strength of the defense, the facts available to the legal representative and the stage of the case can all affect the analysis. The next question involves the effect of the omission.

What must the client show?

A client generally must establish more than a failure to make an argument. The client must connect the professional’s conduct to a measurable loss. Important factors may include:
  • Whether the defense applied to the facts of the case
  • Whether a reasonably careful lawyer would have identified it
  • Whether the defense could have been raised at that stage
  • Whether the court could have considered it
  • Whether raising it could have changed the outcome
  • Whether the client suffered actual financial damages
California courts generally require a legal malpractice plaintiff to show that negligence caused a worse result than the client would have received without the error. The underlying case therefore remains important.

Why the outcome matters

California law requires a connection between the professional’s conduct and the claimed damages. A client does not establish malpractice simply because another lawyer might have used a different defense or because the case ended unfavorably. The omitted defense must have had a meaningful effect on the result. In a civil case involving substantial financial stakes, that analysis may require examining what likely would have happened if counsel had properly raised the defense. Failing to raise a key defense can become malpractice when the omission falls below professional standards and causes provable financial harm. Examining both the missed defense and its effect on the underlying case helps distinguish a serious error from a difference in litigation strategy.]]> On Behalf of Glickman & Glickman, A Law Corporation <![CDATA[4 signs heirs can sue an estate attorney for lost assets]]> https://www.glickman-law.com/?p=49891 2026-08-24T10:47:17Z 2026-08-24T10:47:17Z Clear designation in executed estate documents Courts evaluate whether the original client intended the legal work to directly benefit the heirs. To have a case, state law requires the final signed paperwork to show that your loved one clearly wanted you to benefit, either by naming you directly or including you as part of a specific group, like their children. Specific instruments that establish this intent include:
  • Language in executed wills explicitly naming the heir or designated class
  • Valid trust documents specifying direct asset distributions
Having these signed documents gives you clear proof that the estate plan was designed with your financial inheritance in mind.

Unambiguous execution errors or statutory defects

Estate plans must follow state signing rules. Skipping witness signatures creates major legal flaws, though a judge can enforce an improper document if strong evidence proves your loved one's true intent. Common signing errors include:
  • Omitted witness signatures that force costly court validation proceedings
  • Trust amendments that fail to comply with state modification rules
When an attorney omits fundamental statutory requirements, the resulting defects frequently force heirs into expensive litigation to protect their rights.

Failure to update real property deeds or titles

An estate attorney may draft a trust agreement but fail to complete the transfer of real property title. If real estate remains outside the trust at the time of death, unexpected tax liabilities or probate costs can shrink the estate. Common title oversights include:
  • Homes left in individual names despite trust creation
  • Deeds with improper legal descriptions that delay transfer
These execution oversights frequently lead to substantial economic loss before beneficiaries ever receive their share.

Strict statutory deadlines for legal claims

Act quickly if a lawyer error reduced your inheritance. State law requires filing within one year of discovering the mistake or four years of the wrongful act, whichever comes first, unless specific exceptions pause this clock. An experienced legal malpractice attorney can review original files and statutory time limits. This step helps determine whether you have valid standing to pursue compensation for lost family assets.]]> On Behalf of Glickman & Glickman, A Law Corporation <![CDATA[What must a plaintiff prove in a professional malpractice case?]]> https://www.glickman-law.com/?p=49889 2026-08-10T07:00:10Z 2026-08-10T07:00:10Z Duty of care Under California law, a professional may owe a legal duty to exert the level of skill, prudence and diligence ordinarily exercised by reasonably careful members of that profession under similar circumstances, even absent a formal hiring. A doctor treating a patient, an attorney representing a client or an accountant handling a business’s books each assumes that obligation when the relationship begins.

Breach of duty

The plaintiff must show that the practitioner failed to meet the accepted standard of care. This often requires testimony from a qualified expert in the same field who can explain how a reasonably careful professional would have acted under similar circumstances. A missed diagnosis, an overlooked filing deadline or a tax preparation error may amount to a breach, depending on the facts.

Proving the direct link

The claimant must prove that the professional’s negligence was a substantial factor in causing the harm. Speculative injuries or losses are usually not enough. The plaintiff must show a clear connection between the practitioner's negligence and the harm claimed. In other words, the outcome likely would have been different if the provider had not been negligent.

Demonstrating actual damages

The claimant also must show actual, measurable loss. Examples include lost income, medical bills, a smaller settlement than the plaintiff otherwise could have obtained or added legal fees incurred to correct the error. Without measurable harm, no claim can proceed, regardless of how clear the defendant's error may be.

Bringing the elements together

Recovering damages, such as financial losses or medical expenses, depends on presenting a complete and well-supported claim within the applicable statute of limitations (often two years). Even strong facts may lead nowhere if a party loses key records or misses court deadlines. These cases often turn on prompt action, thorough documentation and proof sufficient to support every required element. A careful review of the facts and available evidence can help determine whether the legal elements of a malpractice claim may be satisfied.]]> On Behalf of Glickman & Glickman, A Law Corporation <![CDATA[What documents can support a legal malpractice claim?]]> https://www.glickman-law.com/?p=49886 2026-08-07T16:41:57Z 2026-08-07T16:41:57Z What documents can support a legal malpractice claim? When you suspect an attorney’s mistake caused significant financial harm, you may wonder what information can help evaluate your situation. The answer often starts with the documents you already have. Different records can show how the lawyer handled your case. They can also show what advice you received and whether their actions affected the outcome. Here are the most important ones you should collect.

Attorney-client communications

Emails, letters and other communications can show what your attorney told you during your case. They may reveal instructions, legal advice, updates or unanswered questions that provide context about the representation. If you exchanged text messages or communicated through a client portal, those may also be useful. Keep complete records or screenshots of your communications. They can help explain what happened if questions later arise about the lawyer's conduct.

Court filings and case records

Official court records may show whether an attorney missed deadlines or failed to complete steps that could have helped your case achieve a better resolution. Important documents you can compile are:
  • Pleadings
  • Motions
  • Court orders
  • Hearing notices
In California, attorneys must act with competence under the state's Rules of Professional Conduct. Those rules require lawyers to apply the knowledge, skill and preparation reasonably necessary to handle a client's case, making court records an important way to evaluate whether that standard was met.

Financial and case-related records

Billing statements and records tied to your underlying legal matter may help show how the attorney's actions affected you. Depending on the case, helpful materials may include:
  • Contracts or agreements
  • Billing invoices and payment records
  • Settlement offers, when applicable
  • Business or property records connected to the dispute
Looking at these materials together may help demonstrate whether the alleged negligence resulted in substantial economic losses.

Start with the records you already have

No single record automatically proves legal malpractice. Instead, reviewing your documents together often provides the most complete understanding of what happened. Organizing these records before meeting with an attorney can make it easier to evaluate your situation and determine whether you may have a viable legal malpractice claim.]]> On Behalf of Glickman & Glickman, A Law Corporation <![CDATA[Can breaching attorney-client privilege constitute legal malpractice?]]> https://www.glickman-law.com/?p=49871 2026-07-09T10:57:28Z 2026-07-09T10:57:28Z They 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=49869 2026-07-02T06:56:59Z 2026-07-02T06:56:59Z California’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=49864 2026-06-24T08:43:44Z 2026-06-24T08:12:16Z You 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=49862 2026-06-19T19:55:14Z 2026-06-19T19:55:14Z Clients 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=49859 2026-06-15T16:16:36Z 2026-06-15T16:16:36Z The 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.  ]]>