San Diego Legal Malpractice Attorney
As attorneys, we take an oath to provide legal services that are held to a certain level of standards, ethics, and morals. Sometimes, however, an attorney fails to meet the obligations of duty or is accused of not meeting those obligations. Either way, a San Diego legal malpractice lawyer can help defend your legal practice and your reputation.
A Competent San Diego Legal Malpractice Lawyer
Century Law Group, LLP, is a San Diego law firm that focuses on professional license defense, including legal malpractice. We provide elite counsel and litigation to a broad range of professionally licensed clients. Our impressive success record and level of experience give us the tools and skills necessary to take on complex legal malpractice cases.
What Is Legal Malpractice?
Legal malpractice is the term typically used to describe cases where an attorney fails to practice the duty of skill and diligence owed to their clients. When a lawyer breaches their duty, and their client suffers damages, California defines this as legal malpractice.
If a lawyer commits malpractice, there can be consequences that affect several parties. Some common incidents of legal malpractice are described below:
- When an attorney misses important filing or legal deadlines
- When an attorney gives the wrong legal advice or their advice involves a misapplication of legal principles
- When an attorney withholds conflicts of interest
- When an attorney mishandles client funds
All these accusations can have serious repercussions that affect your career for years to come.
How Legal Malpractice Is Proven
In order for an accusation of legal malpractice to be valid, certain points must be made and proven. First, there must be an established attorney-client relationship. There must be proof that this standard of care was breached by the attorney. Third, there must be causation, and fourth, there must be proof of measurable harm inflicted on the client due to the breach of duty.
When to Hire a Legal Malpractice Lawyer
A lawyer who is accused of legal malpractice can benefit significantly from hiring an outside attorney to represent them. This is helpful when another attorney is more experienced with legal malpractice cases. It can also result in a better outcome when an attorney is an objective third party who has no vested interest in the case, as opposed to self-representation.
There are approximately 200,000 actively licensed California attorneys. In 2024, the State Bar of California filed around 100 disciplinary charges against attorneys. They recommended disbarment for about 70 licensed lawyers and suspension for an additional 120. The ratio of disciplinary actions against licensed attorneys to the total number of practicing attorneys is fairly low. However, it is a large enough problem to cause concern.
How a San Diego Legal Malpractice Lawyer Can Help in a Case of Legal Malpractice
When a lawyer is in danger of losing their legal license to practice law, a San Diego legal malpractice attorney can help in the following ways:
- Evaluation of the claim. Most legal malpractice clients hire a lawyer to assess the claims and evaluate whether the case meets the requirements of illegal malpractice, including duty, breach of duty, causation, and harm.
- Determination of applicable timelines. The statute of limitations for filing legal malpractice claims ranges between one year and four years. A well-versed San Diego legal malpractice attorney can advise you on whether a complaint is within the limits set forth by California law.
- Gathering evidence. Collecting correspondence, billing invoices, and gathering testimonies are often key in legal malpractice cases.
- Filing suit. Responding to the formal complaint, with care to serve all involved parties, is an essential part of being proactive in these cases.
- Conducting a ‘trial within a trial.’ This involves predicting how a case might have had a different outcome if the legal representation had been administered differently.
- Negotiating legal malpractice penalties. Just like in other malpractice cases, a skilled attorney can negotiate minimized repercussions or charges in the event that legal malpractice is found to have occurred.
Why Choose Us?
We know firsthand what a busy legal community San Diego has. It has grown to meet the needs of the vibrant downtown real estate industry, the popular beaches of Pacific Beach on Pacific Beach Drive and La Jolla Cove on Coast Boulevard, and a melting pot of cultures that’s driven by the businesses and residents that sustain the city.
Century Law Group, LLP, is familiar with the San Diego judicial system and the various legal communities of the surrounding areas. We are well-equipped to take on your legal malpractice case.
FAQs
Q: How Is Legal Malpractice Proven in California?
A: To prove medical malpractice in California, the attorney must have a duty to provide a level of service to the client. Then, there must be a proven breach of that duty. Causation must also be found to prove that the breach caused harm and that there were verifiable damages due to the breach of duty.
Q: How Much Does a Lawyer Cost for Legal Malpractice?
A: The cost of a lawyer for legal malpractice varies significantly from case to case. Attorney fees can be hourly or a flat rate, which can impact the overall cost. Expenses can fall within a range, depending on court filing fees, the cost of professional witnesses, the complexity of the case, and the duration of the case.
Q: What Are the Duties of an Attorney in California?
A: The full duties of an attorney are stated in the California State Bar Act under Statute § 6068. Some of those duties are defined as upholding the Constitution of the US and of California, respecting the courts and officers, counseling only when legal or just unless defending someone charged with a public offense, employing confidential truths, and complying with investigations.
Q: What Is the Leading Cause of Legal Malpractice Claims?
A: The leading cause of legal malpractice claims is professional negligence. This involves an attorney failing to meet the expected standard of care. It is reflected in various acts, such as failing to adhere to essential case deadlines, failing to investigate a case properly, failing to provide adequate legal advice, or failing to properly prepare for court, among other instances.
A Qualified San Diego Legal Malpractice Law Firm
Century Law Group, LLP, has extensive experience in professional malpractice legal cases, including legal malpractice. We are confident we have the knowledge and resources necessary to represent your case. Contact our office to discuss our services as they pertain to your legal needs.