How To Prove A California Legal Malpractice Claim

 

How To Prove A California Legal Malpractice Claim

 

In California, a claim of Legal Malpractice is defined as:

Legal malpractice happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client.

It simply means:

When a lawyer fails to do their job (intentionally or unintentionally) and their client suffers as a result.

There are 5 elements of the claim:

  • Element 1. The attorney had a duty to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise. An attorney must show the same level of skill, care, and effort that other lawyers typically demonstrate in their work, and failing to do so can lead to a legal malpractice claim.

    Facts that might support this element look like:

    * The attorney failed to conduct necessary legal research, resulting in a lack of understanding of the applicable law in the client’s case.
    * The attorney missed critical deadlines for filing documents, which directly harmed the client’s legal position.
    * The attorney did not communicate important developments in the case to the client, leading to confusion and a lack of informed decision-making.
    * The attorney neglected to seek expert testimony that was essential to support the client’s claims in litigation.
    * The attorney’s lack of preparation for trial resulted in a poor presentation of the client’s case, diminishing the chances of a favorable outcome.

  • Element 2. The attorney breached that duty. The attorney failed to meet the expected standard of care in their work, meaning they did not act as a competent lawyer would, which harmed their client and is a key part of proving legal malpractice.

    Facts that might support this element look like:

    * The attorney failed to file the client’s lawsuit within the statute of limitations, resulting in the dismissal of the case.
    * The attorney neglected to communicate critical developments in the case, leaving the client uninformed and unprepared for court.
    * The attorney provided incorrect legal advice that led the client to make detrimental decisions regarding their case.
    * The attorney did not conduct necessary legal research, which would have uncovered key evidence beneficial to the client’s position.
    * The attorney failed to respond to opposing counsel’s motions, jeopardizing the client’s legal standing and case outcome.

  • Element 3. The breach was the proximate cause of the resulting injury. The breach means that the lawyer failed to do their job properly, and this failure directly led to the harm or injury that the client suffered, showing a clear link between the lawyer’s mistake and the negative outcome for the client.

    Facts that might support this element look like:

    * The attorney failed to file a critical motion by the deadline, resulting in the dismissal of the client’s case.
    * Due to the attorney’s negligence, the client lost the opportunity to present key evidence that would have supported their claim.
    * The attorney’s lack of communication led to the client missing a crucial court date, directly impacting the outcome of the case.
    * The attorney provided incorrect legal advice, which caused the client to make decisions that ultimately harmed their position in the litigation.
    * The attorney’s failure to conduct necessary legal research resulted in the client being unprepared for trial, leading to an unfavorable verdict.

  • Element 4. The client suffered an actual loss or damage resulting from the attorney’s negligence. The client must show that they experienced real harm, like losing money or facing legal trouble, because the attorney made a mistake or failed to act properly in their case.

    Facts that might support this element look like:

    * The attorney failed to file a critical motion by the deadline, resulting in the dismissal of the client’s case.
    * Due to the attorney’s inadequate legal advice, the client lost a significant settlement offer that could have resolved the dispute.
    * The attorney neglected to conduct essential discovery, leading to the client’s inability to present key evidence at trial.
    * The client incurred additional legal fees and costs because the attorney’s negligence prolonged the litigation unnecessarily.
    * The attorney’s failure to properly advise the client on legal obligations resulted in penalties and fines imposed by the court.

  • Element 5. The client would have obtained a better result if the attorney had acted as a reasonably careful attorney. The client would have achieved a more favorable outcome if the attorney had performed their duties with the same level of care and skill that a competent attorney would typically provide in similar situations.

    Facts that might support this element look like:

    * The attorney failed to file critical documents by the court’s deadline, resulting in the dismissal of the client’s case.
    * The attorney neglected to conduct necessary legal research, leading to the use of outdated case law in court.
    * The attorney did not communicate important developments in the case, leaving the client unprepared for key hearings.
    * The attorney overlooked potential defenses that could have significantly improved the client’s position in negotiations.
    * The attorney failed to consult with expert witnesses, which would have strengthened the client’s argument in trial.

(See Coscia v. McKenna & Cuneo, 25 P. 3d 670 (Cal: Supreme Court 2001). California Civil Jury Instructions (CACI), 601. Wiley v. County of San Diego, 966 P. 2d 983 – Cal: Supreme Court 1998.)
If you’re in court without a lawyer and plan to assert a Claim of Legal Malpractice, it’s essential to have a Personal Practice of Law at Courtroom5. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Our platform provides the resources you need to navigate this complex process effectively.

Prove Your CA Legal Malpractice Claim

U.S. Civil Cases Only

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