Whatever the cause, attorney malpractice occurs when an attorney's representation falls below the professional standard set by other attorneys handling similar cases in the same geographic area. The most common types of legal malpractice occur as a result of the attorney's negligence, breach of fiduciary duty, breach of contract, conflicts of interest, or intentional wrongdoing.
When malpractice occurs, it is important for clients to hire competent and experienced counsel to attain the highest monetary compensation possible. Plaintiffs in malpractice cases must navigate complex standards of proof in order to prove that their former attorney, who is intimately familiar with the law, did not render competent and professional service.
SUCCESSFULLY PROVING A MALPRACTICE CLAIM
In order to prove attorney malpractice and recover damages, convincing evidence must be presented to the court, including:
- A showing that an attorney-client relationship existed;
- A showing that the attorney was negligent in the legal representation and that this negligence resulted in an injury; and
- Proof of the nature and extent of the injury.
Depending on the complexity of the case, expert witnesses may be necessary to address certain standards of proof.
Our Los Angeles firm assists clients in the process of filing a lawsuit and, if necessary, going to trial against the lawyer that is alleged to have engaged in malpractice. We can help determine the appropriate strategy, whether negotiating and settling out of court, or letting a case go to trial.
A TRACK RECORD OF SUCCESS
We have a track record of successful outcomes for our clients, including:
- Obtained a $700,000 jury verdict in a fee dispute case against Fulwider Patton LLP involving a class action representation.
- Obtained a $323,069 award after re-trial against an attorney Jonathan Wershow who represented plaintiff in a construction defect case.
- Finding in the court phase of a legal malpractice case against an attorney that the attorney fraudulently transferred property to his wife with the intent to hinder, delay or defraud the clients after borrowing $510,000 from his clients while he was representing them in a case. The attorney failed to record a deed of trust for $200,000 of the loan as promised, and then transferred ownership of his family home to his wife and law partner without receiving reasonably equivalent value in return.
- Dismissal in a legal malpractice case against a former District Attorney in an $18 million case against him, which settled after a five-week jury trial prior to final arguments.
CONTACT US IF YOU HAVE SUFFERED HARM AS A RESULT OF LEGAL MALPRACTICE
If you were represented, or are currently being represented by a California attorney suspected or accused of malpractice, contact our firm online or call 310-478-7110 for a free consultation.