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The step-by-step process for filing a legal malpractice claim

On Behalf of | Jan 27, 2025 | Legal Malpractice

Legal malpractice occurs when an attorney fails to provide the standard of care expected, resulting in harm to their client. Lawyers play a crucial role in facilitating business transactions and providing legal guidance. However, they may be liable for legal malpractice when they act negligently or breach their duties. It can include missing important deadlines, providing incorrect advice or having conflicts of interest. When such failures impact a client’s case or business dealings, they may have grounds to file a legal malpractice lawsuit.

Filing a legal malpractice complaint

Filing a legal malpractice lawsuit in California involves several key steps. Here’s a general step-by-step guide to outline the process:

  • Consult a legal malpractice lawyer: Seek advice from an attorney who specializes in legal malpractice. They can evaluate the strength of your case, advise on the likelihood of success and guide you through the legal process.
  • Identify malpractice: Determine if their actions constitute malpractice. It involves proving that the lawyer failed to perform competently, causing harm or financial loss.
  • Gather evidence: Collect all relevant documentation, such as contracts, correspondence, billing records and any evidence of the lawyer’s misconduct. This information is crucial for substantiating your claim.
  • Establish the attorney-client relationship: Prove that an attorney-client relationship existed, establishing the duty of care owed by the attorney. A signed agreement or documented interactions are common examples of proof.
  • Prove negligence and causation: Demonstrate that the attorney’s actions were negligent and that this negligence directly caused harm. You must show that a competent lawyer would have acted differently under similar circumstances, leading to a better outcome for you.
  • File the complaint: Your attorney will draft and file a formal complaint in the appropriate California court. This document outlines the allegations against the lawyer and specifies the damages sought.
  • Serve the defendant: Properly serving the defendant with the lawsuit is a formal process that notifies them of the legal action.
  • Litigation: Prepare for the litigation process, which may involve discovery, depositions and negotiations. Many cases settle out of court, but claimants should still prepare for trial.

By following these steps, you can effectively pursue a legal malpractice lawsuit in California.

The penalties for legal malpractice

In California, attorneys found guilty of legal malpractice usually face civil penalties. They may have to pay financial damages to clients for losses incurred due to their negligence or misconduct. The court may award punitive damages in some cases.

Additionally, the State Bar of California can impose professional discipline, ranging from a public reprimand to suspension or disbarment, to uphold the integrity of the legal profession. Furthermore, their professional liability insurance premiums may increase. Legal malpractice can also tarnish an attorney’s reputation, leading to a loss of clients and business opportunities.

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