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.”).