The Best Legal Malpractice Lawyers in Los Angeles, California
California Lawyers Against Legal Malpractice
Lawyers have a sacred duty to their clients. Attorneys know that when you take on a case, you make a promise to provide the best legal representation possible, and to fight for those in need as if they were your own family. As the foundation of the attorney-client relationship, this duty is based on trust, confidentiality, and an adherence to higher ethics that must not be broken.
At Stalwart Law Group, we understand this duty. Unfortunately, we also understand that many lawyers do not.
Dylan Ruga is certified by The State Bar of California Board of Legal Specialization as a specialist in legal malpractice law, a distinction held by fewer than one-tenth of one percent of legal malpractice lawyers in Los Angeles County.
Stalwart Law’s legal malpractice attorneys have litigated dozens of California legal malpractice lawsuits in virtually every area of the law, from tax to real estate, and simple conflicts of interest to civil RICO. If you, your family, or your business have fallen victim to the negligence or misconduct of an incompetent lawyer, we’re here to get you back on your feet.
What is Legal Malpractice?
Legal malpractice occurs when a lawyer fails to perform their duties to a client with care and skill, ultimately causing harm to the client. This can take many forms, such as a botched lawsuit, an error that leads to an unfavorable settlement, or even incorrect tax advice that causes financial burden. In California, both businesses and individuals can be victims of legal malpractice and may file claims against lawyers for negligent or incompetent legal representation.
It’s important to remember that every mistake or lost case does not constitute legal malpractice. Attorneys do not guarantee a specific result, and it is very possible to lose a case despite competent representation. The key questions of lawyer malpractice are whether the lawyer’s conduct fell below the standard of care, and whether that conduct caused tangible harm.
If you’re looking for an experienced legal malpractice lawyer in California, call Stalwart Law Group. Our firm has had great success in this field, and we welcome the opportunity to litigate against attorneys who undermine the legal system.
Demanding Accountability and Reclaiming Justice
Stalwart Law’s attorneys fights against legal malpractice to uphold the ideals of our profession, because no one deserves to be betrayed by the very person who swore to fight for you. To right these wrongs, we offer critical support for clients let down by their attorneys.
With a deep knowledge of this specialized area, we examine every detail of your case to uncover your lawyer’s misconduct. We are very familiar with the applicable statute of limitations, the burden on plaintiffs to prevail in legal malpractice actions, and have an inside knowledge of the defenses available to attorneys accused of malpractice.
California Legal Malpractice Cases
Under California law, you can sue a lawyer for violating the duties they owe you as a client, whether through negligence, incompetence, a breach of trust, or other misconduct.
Below are some of the most common reasons to open a legal malpractice case. Stalwart Law Group provides clients with exceptional representation in these matters.
Conflicts of Interest
Lawyers must avoid representing clients with competing interests, and they cannot allow their own interests to interfere with their client’s. Representing two opposing sides in the same matter, or secretly advising another party, creates conflict that can jeopardize your claim. This is one of the most common types of legal malpractice.
Procedural Errors and Missed Deadlines
Your lawyer is responsible for meeting court deadlines and filing requirements. A classic example of legal malpractice is when a lawyer fails to file a lawsuit before the statute of limitations, and the case is dismissed.
Breach of Fiduciary Duty
Attorneys have a duty to be trustworthy and act in your best interest, always maintaining loyalty and integrity. If your legal counsel breaks confidentiality or puts their own interests above yours, they may be found guilty of legal malpractice. This falls under a breach of fiduciary duty.
Failure to Know or Apply the Law
If your lawyer does not understand the practice area of your case and fails to interpret or apply laws correctly, they are acting negligently. Clearly, this can be detrimental to your case and your well-being, causing harm that substantiates a lawsuit.
Attorney Abandonment
Also called “withdrawal of counsel,” this happens when your attorney neglects you and your case without formal notice. Did your lawyer disappear and stop communicating with you? If so, you may be able to recover by filing a claim.
Misuse of Funds
If you are paying a retainer, your lawyer must place your funds in a trust account and use them appropriately and with your consent. If they misuse your finances, charge you for unnecessary work, or bill you for work they did not perform, they are breaching your contract and should be held liable.
Remember that this list is not exhaustive. Attorneys can be found guilty of legal malpractice for all kinds of negligent or malicious behavior, such as a lack of consent, strategic errors, or flat-out fraud. If your lawyer’s mistakes, misconduct, or unethical behavior harmed your case, take action now and speak with an expert.
Proving Legal Malpractice in California
To prove legal malpractice, you must provide substantial, specific evidence to establish that your lawyer acted negligently. Like other types of negligence claims, proving legal malpractice in California requires the plaintiff to demonstrate 4 elements:
- Duty: The plaintiff (you) and the defendant (your attorney) entered an official attorney-client relationship, in which your attorney owed you a duty of care.
- Breach: Your attorney breached that duty of care by making a mistake or failing to act and serve you as a competent attorney would have (negligence).
- Causation: Your attorney’s breach of duty is directly related to your harm. In other words, you suffered harm that you otherwise wouldn’t have if your attorney hadn’t been negligent.
- Damages: The harm that your attorney caused resulted in actual damages. Typically, these damages are financial losses from a failed case or an unfavorable settlement, but they may include non-economic damages in some cases.
If any one of these elements is not proven, your legal malpractice claim will fail. For example, if your attorney clearly made a mistake, but you can’t prove that you suffered damages because of that mistake, your claim would not succeed.
Proving these elements requires specific skills and a strong understanding of the law, especially when outsmarting another attorney. To do this successfully, our legal malpractice lawyers will collect evidence like written correspondence between you and your previous attorney, signed contracts, eyewitness accounts, billing statements, and all other relevant materials. We will also call an expert witness to testify in court on your behalf, supporting our evidence and strengthening your side of the story.
The “Case Within a Case”
Proving that a lawyer’s misstep caused client harm often involves re-litigating the underlying matter, or the “case within a case” method. For example, when suing a lawyer for mishandling your case, a legal malpractice attorney must prove that the underlying lawsuit was winnable and demonstrate the worth of the settlement. A difficult feat for many lawyers, this involves effectively re-trying the original case and winning it concurrently with the malpractice case.
California courts impose this standard to ensure lawyers are only liable for losses they truly caused. Stalwart’s legal team is experienced with this hurdle, and we know how to best rebut a defending attorney’s excuses.
Choosing Stalwart for your legal malpractice case means choosing experienced lawyers you can trust. If you’re ready to join forces with the best legal team in Southern California, contact our attorneys today.
Frequently Asked Questions
You can sue a lawyer for a mistake, a breach of contract, or an injustice done against you that cost you a winning verdict or harmed you financially. You cannot sue a lawyer just because they lost your case or made an inconsequential error.
Legal malpractice cases typically take 1-4 years to resolve, or even longer if the case is especially complex. However, if your claim is settled out of court (without going to trial), it may take less than a year.
Part of the initial case evaluation for legal malpractice claims involves determining if there is a source of recovery, like the defendant’s malpractice insurance. If your damages are large, the attorney’s insurer usually steps in to cover your settlement. Personal assets or income are considered if the attorney is uninsured. Without assets or insurance, winning a judgment may be hollow. But don’t automatically assume it's not worth it; get advice from an experienced lawyer.
The amount you can sue your lawyer for is proportional to the compensable damages in the underlying case. If your lawyer’s negligence caused you to lose a case or reduced your settlement amount, you can sue for the difference between what you received and what you could have received. Additional compensation may include attorney fees from the original case, the cost of hiring a legal malpractice lawyer, and sometimes, punitive damages.
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