Lawyers get sued for malpractice all the time, but it is rare for the California State Bar to discipline lawyers for incompetency. Nevertheless, California Rules of Professional Conduct, rule 1.1, entitled "Competence," addresses this issue.By way of background,...
Legal Malpractice
My Lawyer Screwed Up!!! Can I Sue for Legal Malpractice?
Like other professions, lawyers sometimes make mistakes and those mistakes may have substantial consequences. So, when does an attorney's mistake justify a legal malpractice lawsuit? Ultimately, a viable legal malpractice claim will turn on the facts of the case, but...
When Are Attorneys Required to Communicate With Clients?
New California Rule of Professional Conduct, rule 1.4 is packed with guidance on when lawyers must communicate with their clients. Before considering the details of the rule, put yourself in the client's position. If you hired a lawyer to handle a life changing event,...
Lawyers Must Ensure Nonlawyers Comply With the Rules of Professional Conduct
While competent attorneys take steps to comply with the Rules of Professional Conduct, they sometimes forget that employees can get them into trouble by violating the rules. While the California State Bar likely won't discipline nonattorneys who violate the Rules of...
Lawyers Can Take a Peek at Inadvertently Transmitted Privileged Writings But Should Get Court Permission To Use Them
The California Rules of Professional Conduct go far beyond protecting clients from unscrupulous lawyers. Rule 1.0(a) says the rules are designed "to protect the public, the courts, and the legal profession; protect the integrity of the legal system; and promote the...
When talking to unrepresented people – don’t deceive them
Emily Post, the Queen of etiquette, said, "there is no excuse for the most unfilial act of all--deception." While she was advising on an unrelated subject, her message rings true for attorneys.New California Rule of Professional Conduct, rule 4.3 is designed to...
Know your options after a breach of fiduciary duty
When you work with professionals, you expect to receive competent service from someone who adheres to all reasonable standards for the field. Whether it's a real estate agent whom you asked to help secure a new office location for your business or an investment...
Indicators of possible legal malpractice
It's frustrating to think that an attorney your company pays for representation would act in a way that does not serve the firm's best interests. Unfortunately, it happens. Businesses in California and across the country face this kind of risk every day. Violations of...
Common legal malpractice cases
Attorneys should be held to the highest possible standard in every case they work. With large sums of money on the line, from high-stake business interests to multi-million dollar settlements, your lawyer needs to serve your best interest.Too often, attorneys do not...