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Articles Tagged with Oakland legal malpractice law firm

Perhaps there is no profession that is the subject of as many jokes about greed and misguided ethics as the legal field.  The truth is, however, that most lawyers adhere to a very stringent code of ethics.  For Attorney Greg Brod, these principles are not just rules on paper, but represent a deeply personal commitment to ethical practice.  He is proud to serve as a plaintiffs’ lawyer and, because he values his professional obligations, he also serves as a Northern California legal malpractice lawyer.  At the Brod Law Firm, we take cases of legal malpractice in California personally.

Legal Malpractice Generally

In broad terms, legal malpractice claims in California, require showing that the lawyer was negligent because s/he failed to exercise the skill and care that a reasonably careful attorney would exercise under similar circumstances (See Civil Jury Instruction 600).  Also instructive is Rule 3-110 of the California Rules of Professional Conduct (“CRPC”) which provides that a lawyer violates of the rules of the profession when s/he intentiscalesonally, recklessly, or repeatedly fails to act with competence when providing legal services.  The Rule further defines competence as “the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service.”

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On television, the least popular cops work in internal affairs.  By the same token, one might expect us to hesitate, especially around other lawyers, to say we serve clients looking for a legal malpractice lawyer in San Francisco, Oakland, Santa Rosa, and other locations in Northern California.  The truth is we’re very proud to practice in this arena.  Legal malpractice is about ensuring lawyers do not practice with wanton disregard for our profession’s high standards.  Today, we look at legal malpractice in California.  We examine the elements of a successful claim, including the case-within-a-case concept, and look at one reason The Brod Law Firm is able to serve malpractice clients effectively and efficiently.

The Basics of a Legal Malpractice Claim

Let’s begin with what legal malpractice is not.  A meritorious legal malpractice claim is not triggered just because a “good” case was lost or a court rendered an unjust verdict.  No lawyer can promise a certain result, in fact that itself might actually be malpractice.  Legal malpractice does exist when a lawyer fails to provide professional services with the diligence, prudence, and skill that a reasonable lawyer would use in the situation.  This standard applies to all non-medical professional malpractice actions and is detailed in California Civil Jury Instruction 600 (“[A/An] [insert type of professional] is negligent if [he/she] fails to use the skill and care that a reasonably careful [insert type of professional] would have used in similar circumstances.”).

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