California lawyers enjoy relatively unique protections that could have a profound impact on your legal malpractice claim. Specifically, you may not be able to use any of the details of your mediation. However, we want you to know that the Lange Law Corporation is here to help establish your case to the greatest extent possible despite these challenges.
It could be frustrating to build a case only to realize that your evidence was not valid in the eyes of the court. We are accustomed to working within these codes and getting the best possible results for our clients.
The rule is based on a brief passage in the California Evidence Code that basically renders all mediation-related discussions inadmissible in court. These few paragraphs have been the subjects of various unsuccessful appeals by legal malpractice plaintiffs, so your best option would probably be to look for other evidence to support your claims.
Some mistakes are obvious. Missing an important deadline, for example, could generate a very strong case for you. However, it is our experience that many successful professional malpractice suits are subtler, with a widespread pattern of unethical, incompetent or negligent behavior as their foundation.
It is rarely a single gesture during mediation that causes an actionable loss. Some attorneys in California may use mediation as a shield, but there is usually evidence of their malfeasance elsewhere. In short, it would typically be a long string of actions that, cumulatively, generated your loss. Please continue to our main site to read more.