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Legal Malpractice Archives

California law in effect that requires disclosure for mediation

There are many ways an attorney can breach the trust of his or her clients. With legal malpractice being a particularly complex area of law, requiring skilled and knowledgeable representation, it can be easy for a lawyer to even unintentionally commit malpractice. Regardless of intent, clients should be able to rely on their lawyers for sound counsel and ethical representation, especially in the areas of personal injury, criminal defense, family law and business litigation. A new California law went into effect after the first of the year, which addresses mediation agreements and can protect clients from legal malpractice, as well as assist lawyers in avoiding discipline by clarifying the correct steps.

Dementia a growing problem among attorneys

When you hire an attorney to represent you in California, chances are, you do so with the utmost confidence that the person you are investing in will perform to your expectations and advocate on your behalf. Regrettably, however, this is not always the case, and dementia is becoming an increasingly widespread issue affecting today’s lawyers. At the Lange Law Corporation, we understand that dementia can affect an attorney’s ability to do his or her job, and we have helped many people who were unhappy with their legal representation due to this and similar issues pursue appropriate recourse.

What types of things does legal malpractice insurance cover?

Before deciding to sue your California attorney for malpractice, you would do well to determine if (s)he carries malpractice insurance, also called professional liability insurance or errors and omissions insurance. Why? Because if (s)he does not, you could wind up with a jury award that you cannot collect. Few attorneys have the personal assets sufficient to personally pay a major judgment or award to someone who successfully sues them.

What is standard of proof causation in a legal malpractice case?

When you partner with an attorney, you trust that he or she will represent your case to the best of his or her ability. You may believe that the attorney you hire has full knowledge of the laws and rules of the area of law in which you are dealing. There may be a situation, however, where your attorney fails to meet these expectations. As a result, you may get a ruling that you feel you would not have otherwise happened if your attorney had performed their job. If this is the case, you must have standard proof of causation that your attorney failed in some manner.

What are the 4 elements of attorney-client privilege?

One of the expectations you have when you hire a California attorney is that (s)he will maintain the confidentiality of whatever you tell him or her. This is known as the attorney-client privilege and means that, by law and through the Rules of Professional Responsibility, your attorney cannot and must not reveal confidential information you have given to him or her to third parties without your consent.

How legal and ethical standards affect a case

When you hire an attorney to represent your case, you trust that they will carry out their duties with a sense of legal, ethical and moral authority. You may assume that the attorney will perform to their best ability to present the facts of your case and shed a good light on your situation. As a rule, attorneys in California are required to follow a set of legal standards as set by The State Bar of California’s Rules of Professional Conduct. Legal standards are documented as professional laws and statutes and may be enforced by certain penalties if one should disobey them.  Designed to create standardization across legal settings, the Rules of Professional Conduct give attorneys a basis for acting in a professional and legal manner.

What are the statute of limitations for California?

When you hire an attorney to represent your case, you trust that the lawyer will act in a professional manner. You also may believe that they have a full knowledge and understanding of the laws in California, including the statute of limitations for crimes. There are some attorneys, however, that do not adhere to these deadlines and may, as a result, have your case dismissed or thrown out. The outcome of your case may have been different if the attorney representing your case following these strict deadlines. The statute of limitations involves deadlines given in which to file a lawsuit. Once this time period has passed, you may be unable to file a lawsuit.

What is a legal conflict of interest?

When looking for an attorney, some California residents prefer one who is friendly and approachable, while others prefer an aggressive, efficient style. You may agree with other clients that professionalism and ethics should be important traits your attorney values, whether he or she is amiable or no-nonsense. It can violate your trust, not to mention your rights, if your attorney’s own interests – whether professional or personal – lead to unprofessional conduct.

An attorney's loyalty to a client

When a person in California seeks legal representation for any type of matter, they should be able to trust that their attorney will always work in their best interests. In fact, the American Bar Association indicates that this trust is part and parcel of a lawyer's ethical responsibility to each and every client they represent. The guidelines by which legal professionals are held stipulate this exact thing.

lange law corporation

Lange Law Corporation
222 N. Sepulveda Blvd., Suite 2000
El Segundo, CA 90245

Toll Free: 800-481-3980
Phone: 310-955-4693
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