What Legal Malpractice Looks Like in California

Legal malpractice occurs when an attorney fails to perform their professional duties with the required competence and care, harming the client. 

In 2024, payouts for legal malpractice claims reached levels that had never been seen before. According to a survey by Ames & Gough, most insurers have paid claims worth more than $100 million in the past two years, with some settlements worth more than $300 million. Some of the main reasons for these large payouts were conflicts of interest and mistakes in the writing.

Missing court deadlines, not understanding or applying relevant laws, poor communication, and representing clients with clear conflicts of interest are examples of legal malpractice. Clients may suffer financial or legal losses from these actions or inactions.

To establish a legal malpractice claim in California, a client must show that the attorney owed them a duty of care, breached that duty, and caused harm. California legal malpractice attorneys specialize in dealing with this type of problem and can assist you in overcoming the challenges that come with it.

Understanding legal malpractice and recognizing its signs allows clients to protect their rights and hold negligent attorneys accountable. This article will give you an overview of what legal malpractice looks like in California.

Understanding Legal Malpractice: Definition and Elements

Legal malpractice is when an attorney’s conduct falls below an accepted standard of care in the profession and causes damage to a client.

For this claim of legal malpractice to be presented, four key elements must be proven.

1. The first element requires proving the existence of an attorney-client relationship, upon which the attorney owes a duty to act in the interests of the client.
2. There must be evidence showing that the attorney breached this duty by being negligent or committing some act of misconduct. 
3. The plaintiff must prove that the attorney’s breach directly caused harm. The attorney’s actions heavily influenced the outcome of the plaintiff’s case.
4. The attorney’s negligence must be quantified in terms of injuries and losses. The plaintiff must demonstrate actual harm or loss resulting from the breach and may include financial damages, loss of legal rights, or other measurable negative outcomes.

Common Scenarios of Legal Malpractice in California

Malpractice can occur under numerous circumstances and often leaves clients frustrated. 

One of the most common instances of legal malpractice is when attorneys fail to timely file documents on your behalf that are critical to your case.

Another scenario is inadequate representation, which occurs when an attorney is unprepared to handle a trial and unable to present key evidence to support your claim. Conflicts of interest can occur when lawyers represent clients who have opposing interests or when their personal or financial interests interfere with their ability to provide objective and loyal representation.

Poor communication can keep you from receiving important updates in your case or making decisions without your input. Issues about billing may surface, including instances of overcharging or a lack of a comprehensive breakdown of the fees.

These situations can form the basis for a malpractice claim and help you recognize when something may be wrong, allowing you to identify potential grounds for legal action.

The Impact of Legal Malpractice on Clients

Legal malpractice can affect every aspect of a client’s life. Mishandling your case may result in financial loss, as it may have unfavorable consequences or cause you to miss deadlines.

The emotional toll can be just as serious. You may feel a deep sense of betrayal and frustration, leading you to question whether the legal system could be trusted. The stress and anxiety caused by legal malpractice can affect your personal well-being and may even strain your relationships with others.

You will be forced to search for a new lawyer, resulting in significant financial stress and delays in your case.

Legal Recourse for Victims of Legal Malpractice

If you’ve been victimized by legal malpractice, you have several options to seek justice and recover losses.

You can contact a qualified attorney specializing in legal malpractice. A skilled attorney will assess your case, determine whether you have cause for action, and assist you through the process.

You can file your complaint with the California State Bar, which will allow them to discipline the attorney.

Victims of legal malpractice can compensate for their loss by pursuing civil damages, which may include reimbursement for financial losses and, in some cases, compensation for emotional distress.

Preventing Legal Malpractice: Tips for Clients

To avoid legal malpractice, you should establish clear communication with your attorney. 

Share all relevant information and ask questions if you need to clarify something about the legal process. The lawyer should understand your expectations and schedule to better handle your case.

The more you ask about your case’s progress, the better prepared you’ll be to address any issues.

Document all communications with your lawyer, including emails, meeting notes, and phone calls. Thorough documentation will serve you well if problems arise at a later point.

You should feel free to get a second opinion if something doesn’t sit well with you. If you think your lawyer isn’t advocating for your best interests, speak up right away.