Glickman & GlickmanGlickman & Glickman2026-10-21T04:05:25Zhttps://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 you sue your financial advisor in California?]]>https://www.glickman-law.com/?p=499772026-10-21T04:05:25Z2026-10-21T04:05:25ZWhen may you have grounds to sue your advisor?
You might have grounds for a claim if your advisor breached their fiduciary duty or engaged in professional negligence. For instance, if your financial advisor recommends highly unsuitable assets that do not match your financial objectives, you may seek damages. In addition, if they trade excessively in your account just to generate commissions, they might be guilty of illegal churning. Misrepresenting risks or making unauthorized trades without your consent also generally constitutes a breach of professional standards.
When is your advisor generally not liable?
You cannot sue your financial advisor just because the market went down and you lost money. Normal market volatility happens. The law does not hold advisors liable for this. However, they must give you accurate disclosures and act in good faith. Ultimately, an advisor is not a guarantor of your portfolio's performance.
How an attorney may help
Working with an attorney who focuses on professional malpractice cases can help you evaluate your legal path. They could review your account statements, analyze your advisor's disclosures and determine if a breach occurred. From there, they can then guide you through the complex process of filing a FINRA arbitration claim or a civil lawsuit to pursue the recovery of your lost funds.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Understanding the timeline of a legal malpractice claim]]>https://www.glickman-law.com/?p=499752026-10-16T14:19:46Z2026-10-16T14:19:46ZRecognizing signs of legal malpractice
Legal malpractice occurs when an attorney fails to meet the accepted professional standard of care, and that failure directly causes harm to a client. In California, common examples include:
Missing critical court deadlines
Providing seriously flawed legal advice
Failing to disclose a conflict of interest
Each of these actions can seriously damage your case. When a lawyer’s mistake causes that kind of harm, you have the right to hold them accountable.
Why the date you discover harm matters
For those considering a legal malpractice claim, California law gives clients one year from the date they discovered the attorney's wrongful act to file a claim. However, this period only begins once the client has also sustained actual injury. Legal professionals call this the "discovery rule." Certain circumstances may also toll, or pause this deadline depending on the specifics of the case.
The stages of a malpractice case
A legal malpractice case typically moves through these key stages:
Investigation: The legal team gathers evidence of the attorney's failure and its impact on your case
Filing the complaint: The attorney files a formal complaint with the court to officially start the lawsuit
Discovery: Both sides exchange documents and relevant information
Settlement negotiations: Both sides discuss a potential resolution, often before the case proceeds to trial
The overall timeline can range from several months to a few years depending on the circumstances of the case. Cases that proceed to litigation typically take longer due to the additional demands of a trial.
The professional stakes of a legal malpractice lawsuit
Going public with a malpractice case puts the negligent party’s career and reputation at serious risk. A public lawsuit can also trigger formal disciplinary action through the State Bar of California, which may lead to suspension or disbarment. These consequences push many legal professionals toward private settlements to keep the matter out of public records.
Knowing this can help you determine when an attorney pushes for settlement to protect themselves rather than to fairly compensate you.
Taking action against legal malpractice in California
The damage from a legal counsel’s failure reaches far beyond the courtroom. Fortunately, California provides protections for clients who have been harmed by attorney negligence. A legal malpractice claim is not a simple process, but it is a meaningful path to accountability.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[5 signs your divorce attorney is committing legal malpractice]]>https://www.glickman-law.com/?p=499352026-10-02T13:14:23Z2026-10-02T13:14:23ZSign 1: Communication failures
When an attorney fails to return emails or phone calls for weeks at a time, that could indicate misconduct. The California Rule of Professional Conduct requires attorneys to keep their clients reasonably updated about the status of their case and to respond to reasonable requests for information. Chronic poor communication may signal missed deadlines, neglected tasks or little meaningful work done on the case.
Sign 2: Blown statutes and missed filing deadlines
Receiving notices from the court about an Order to Show Cause (OSC) hearing can mean your lawyer failed to file required paperwork. In a divorce case, missing even one deadline can have major consequences, including losing the chance to claim certain assets or spousal support or even facing a default judgment. These kinds of mistakes can affect the outcome of your case and may indicate that your attorney is not properly managing it.
Sign 3: Failure to retain necessary experts
For high-asset divorce cases that involve a business, real estate or entertainment residuals, your lawyer generally has to hire forensic accountants or specialized appraisers for proper valuation. Attempting to do it themselves without finding a professional who can accurately value community property is also a primary driver of many malpractice claims.
Sign 4: Unauthorized settlements or decisions
As the client, you have the final say in whether to settle a case or not. Your lawyer should not be making major decisions for you or agreeing to terms you never approved. It is a serious red flag when your attorney makes a deal with your spouse’s counsel without your express permission or signs a stipulation that you never reviewed.
Sign 5: Lack of preparation for key hearings
In court, your attorney should know your case and be prepared to advocate for you clearly. If they seem clueless before the judge, are missing important documents or do not know the details of your financial disclosures, that is a serious problem. This level of oversight can delay your case and cost you thousands of dollars in unnecessary fees.
Enforcing competent representation
If these signs look familiar, your ongoing divorce case may be suffering irreparable harm. It is wise to document your current lawyer’s misconduct to help support your concerns.
Getting a second opinion from another family law attorney can also help you confirm if malpractice is happening in your case. You deserve legal counsel who will give your divorce the serious attention it deserves.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[When can a business sue its accountant for financial losses?]]>https://www.glickman-law.com/?p=499292026-09-29T10:31:51Z2026-09-29T10:31:51ZGrounds for filing a lawsuit against an accountant
When an accountant's misconduct costs a business money, the business can file a malpractice claim seeking to recover those losses. To succeed, the business must show that the accountant's actions – not just an unfavorable outcome – directly caused the financial harm. Under California law, that misconduct typically falls into one of the following categories:
Professional negligence: Failing to perform the work to the standard a reasonably competent CPA should meet, such as overlooking an error that a diligent professional would have identified.
Breach of contract: Failing to do what the engagement letter requires, such as filing a return late or leaving an audit unfinished.
Fraud or misrepresentation: Knowingly lying, hiding a mistake or giving the business false information about its finances.
Breach of fiduciary duty: Misusing the business's money or putting someone else's interests, like their own or another client's, ahead of the business they are supposed to serve.
Identifying which of these categories applies is only the first step; the business still needs evidence to prove it happened. This means gathering the engagement letter, financial statements and any emails or notes that show the accountant was aware of the error or acted with intent to deceive.
Legal options after accounting malpractice occurs
California law imposes strict filing deadlines on accounting malpractice claims, so businesses must act quickly once an error comes to light. Consulting an attorney early on helps determine whether the case is strong enough to pursue and what evidence it will require. Once the business establishes the full scope of the harm, it can weigh its options by moving forward with pre-suit settlement negotiations or a formal lawsuit.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Can a lawyer’s failure to investigate evidence cause malpractice?]]>https://www.glickman-law.com/?p=499092026-09-23T03:59:57Z2026-09-23T03:59:57ZWhat a lawyer should investigate
A lawyer must provide competent and diligent legal services. Depending on the matter, this may include reviewing records, interviewing witnesses, inspecting documents, consulting qualified professionals or examining physical evidence.
The lawyer does not need to pursue every possible lead. However, the attorney should use the skill and diligence reasonably necessary to handle the case.
When the failure may support a claim
A failure to investigate may lead to a malpractice claim if the attorney breached the applicable standard of care and caused actual harm. Under California law, the client generally must show that the attorney's negligence caused a financial loss and that the client would have obtained a better result without the attorney's negligence.
Examples may include:
Failing to interview a witness who could establish a key fact
Ignoring records that support the client's position
Failing to inspect evidence before it becomes unavailable
Neglecting to consult a qualified professional when the case requires specialized knowledge
Overlooking evidence that could challenge the opposing party's claims
A missed investigative step alone does not prove malpractice. The evidence must have mattered. The client must also show that the failure caused actual loss, such as losing a claim, accepting an unfavorable settlement or suffering a judgment that better legal work could have prevented.
Strategy versus negligence
Attorneys have discretion to choose reasonable case strategies. A decision not to pursue weak or duplicative evidence may reflect sound judgment.The issue is whether the attorney acted with the skill and care expected in that situation. It is not about whether the client later disagreed with the result.
Understanding the key issue
The central question is not simply whether a lawyer missed evidence. It is whether the lawyer's investigation fell below the applicable standard of care and whether that failure caused actual harm. Reviewing the timeline, available evidence and resulting loss can help clarify that distinction.]]>On Behalf of Glickman & Glickman, A Law Corporation<![CDATA[Can technology failures lead to malpractice liability?]]>https://www.glickman-law.com/?p=498962026-08-27T14:12:33Z2026-08-27T14:12:33ZA 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=498932026-08-27T06:19:58Z2026-08-26T05:44:10ZYes. 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=498912026-08-24T10:47:17Z2026-08-24T10:47:17ZClear 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=498892026-08-10T07:00:10Z2026-08-10T07:00:10ZDuty 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=498862026-08-07T16:41:57Z2026-08-07T16:41:57ZWhat 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.]]>