California Legal Malpractice Lawyers
Holding Attorneys Accountable

When someone needs an attorney, it could be for a host of reasons. However, most people who need the legal help find themselves in difficult situations, which means that they need a level of performance from those they trust with their legal needs that's acceptable in comparison to what's expected of those who have a license to practice law. Unfortunately, this is not always what occurs, and those who have been harmed in this regard need the help of California legal malpractice lawyers.

Below you'll find information regarding the nature of California legal malpractice situations, how these claims tend to play out in court and finally how you should proceed if substandard legal work has left you in need of help from experienced California legal malpractice lawyers.

The Nature of Legal Malpractice in California

It should be clear that simply because someone loses a case or otherwise does not obtain a desired result in a legal matter that legal malpractice is the reason. There are no guarantees in the practice of law to the point where ethical rules prevent any guarantee of a result by any attorney. However, there are several situations where legal malpractice may be present, and below are a few examples:

• Criminal defense cases - These types of cases are where many claims of legal malpractice arise based on factors that include failure to challenge evidence and failure to properly prepare for trial.


• Personal injury cases - Legal malpractice cases here tend to arise when an attorney does not properly handle the discovery process or fails to disclose valid and equitable settlement offers.


• Divorce cases - Many legal malpractice cases arise when an attorney does not properly advise a client in regards to his or her statutory rights.


• Estate planning cases - When an attorney makes a basic mistake when planning an estate that creates unnecessary financial liability for the parties involved, it can result in a legal claim.

Of course, these are just a few examples, but the basic elements for any legal malpractice claim involve negligent or even reckless conduct.

How California Legal Malpractice Cases Proceed in Court

If you decide to pursue a claim of legal malpractice in California, the elements of proof required are somewhat similar to those in any personal injury case. The plaintiff must prove that:

1. The attorney owed the client a duty of care.
2. The attorney failed to meet the duty of care by not performing to the level of a reasonable attorney in a similar situation.
3. This failure to perform at the level of a reasonable attorney led either directly or indirectly to harm for the client.
4. The client suffered damages as a result of this unreasonable conduct by the attorney.

There is an unfortunate myth in existence that attorneys will not pursue claims against other attorneys. However, attorneys are held to the same high standards as other professionals including doctors. This means that they need to be held accountable for their substandard performances. If you have been harmed by the faulty work of an attorney, you need to contact the California legal malpractice lawyers at the San Diego law firm of Mitchell | Gilleon today to schedule a free initial consultation.