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Legal Malpractice Archives

How has legal malpractice changed in recent years?

Legal malpractice is an area of great concern for attorneys. It is similar to any other professional malpractice where a professional may be sued if he or she does not do his or her job competently or at least competently in the eyes of the customer, client or patient. In legal malpractice, an attorney could be sued for not adequately representing a client, committing mistakes during legal representation or making an ethical violation. In the last 30 years, there have been many changes in this area.

What can you do if you are unhappy with your lawyer?

If you have found yourself in a situation in California where you need to seek the help of an attorney, it is important to understand your rights. Your attorney must represent you to the best of his or her ability. If you find yourself unhappy with your attorney's performance, you have some options.

When a lawyer fails a client

At Lange Law Corporation, we are interested in various aspects of California law. Here is some of our knowledge regarding one specific area: Legal malpractice claims. You have probably heard about other realms of malpractice, particularly cases involving doctors, but accountants, lawyers and other professionals are also occasionally liable for their negligent acts.

Why does legal malpractice occur?

Legal malpractice may not be something you have personally had experience with, but it could happen to anyone in California. The problem occurs when an attorney does not uphold his or her obligations to a client. It can happen for many reasons, but there some specific ones that can be avoided if the attorney is more upfront with his or her clients. Here's a look at some situations that Fox News notes could lead to legal malpractice suits. 

What is conflict of interest?

There are many ways an attorney may be liable for legal malpractice in California. One that you may have heard of is when there is a conflict of interest. According to The Balance, a conflict of interest is when your attorney has competing interests in your case. It can help to look at some examples.

What happens if you are not happy with your lawyer?

When you hire a legal professional in California, you expect he or she will do a good job and fight for you to the best of his or her ability. However, there are times when an attorney fails to do his or her job. What can you do when you are not happy with the work your legal representative is doing? The American Bar Association offers some suggestions to help you know if you are looking at a legal malpractice issue or if it is something less serious.

What extends the statute of limitations for legal malpractice?

Generally speaking, any legal malpractice claims you intend to file in California must be made within one to four years of the act your attorney allegedly committed to cause you harm. The exact limit depends on the details of the case. The year-long countdown usually begins at the time that you, the plaintiff, discover the omission or wrongful act in question. You typically have four years to discover the error. This is a relatively firm limit, but there are several situations delineated in the statute of limitations that can extend this period.

What are the potential resolutions of legal malpractice disputes?

Lawyers are, by definition, the defendants in disputes over legal mistakes in California, but insurance companies also bear part of the risk in these situations. While the defendant attorney in your case might handle the negotiation and litigation personally, his or her insurance provider could also take an investigative, representative or support role for the defense. This involvement of a third party increases the variety of potential outcomes for your legal malpractice claim.

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Lange Law Corporation
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El Segundo, CA 90245

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