California Legal Malpractice Lawyer
What is a Legal Malpractice Suit Against Attorneys?
Legal malpractice occurs whenever a lawyer or attorney acts in a negligent way when advising or representing a client regarding a legal issue. While this page provides an overview of California legal malpractice and some issues that may lead to a malpractice suit against a California lawyer, it is not meant to replace consultation with an experienced attorney. If you are victimized by legal malpractice in the state of California, contact our California legal malpractice lawyer today.
Elements of legal malpractice
In order to win a California attorney malpractice case, the plaintiff generally needs to prove the following:
- an attorney-client relationship existed
- the plaintiff was negligent in his or her legal representation
- the negligence was a proximate cause of an injury suffered by the defendant
- the fact and extent of the alleged injury
So, first and foremost, a California legal malpractice attorney must prove that the lawyer being sued owed a duty to the client. Next, California attorneys must define the way in which the lawyer violated this duty. For example, a lawyer who steals money from a client has obviously violated a clear duty to the client. Sometimes, however, this proof is more subtle and requires the testimony of an expert witness to describe.
The next step is to prove that the harm done to the client is the result of the California negligent lawyer. In other words, the injury stemmed directly from the misconduct. For example, perhaps an attorney negligently fails to prevent a murder weapon from being brought into evidence. The client may have a case for a malpractice suit against their California lawyer—but not if there are fingerprints, witnesses, and other such clear evidence. Similarly, if the connection between negligence and harm is speculative or unclear, a malpractice claim may be insupportable.
Finally, in order to win a judgment, California legal malpractice law firm must prove that actual damages were suffered as a result of this negligence.
Legal malpractice lawyers in California
The Drakulich Firm makes client service our top priority. We offer free initial consultations as well as flexible appointments, with weekend and evening meetings available upon request. In order to ensure that every case receives our complete attention, dedication and focus, we are selective in the cases we accept. To learn more about the services we offer, contact The Drakulich Firm, A Professional Law Corporation, today.