RH | Montes De Oca

The Bay Area’s Premier Professional Liability Law Firm

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California’s Trusted Legal Malpractice Law Firm


At RH | Montes De Oca, we are passionate about helping our clients navigate through the complexities of the legal system to help ensure they come away with a positive outcome in their professional liability cases, such as legal malpractice.


The combination of our experience in the field and our commitment to building strong relationships with our clients allow us to provide an unparalleled level of service and attention every individual who retains us.


Our experienced attorneys resolve professional liability claims of all types, including fee disputes between clients and their attorneys, malpractice actions, State Bar claims against lawyers. This necessarily includes significant experience with alternative dispute resolution (ADR), such as mediation and arbitration.


Our clients can trust that we’re working hard to achieve their goals because we keep ourselves accessible at all times and communicate frequently.


Whether you are a plaintiff or defendant, you can trust that you will receive the same reliable, attentive, high-quality legal service as our attorneys work unceasingly to find success for you.

What is Legal Malpractice? 


Legal malpractice is the failure of an attorney to perform according to the standards and codes of professional – and, in some cases, ethical – conduct expected of the position. This goes beyond a simple failure to achieve a desired result. There must be a breach of the standard of care and subsequent harm to qualify as malpractice.

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Our Services


Legal Malpractice & Real Estate Malpractice

At RH | Montes De Oca, we work with plaintiffs and defendants alike in legal malpractice cases. Our professional liability attorneys work closely with our clients on deciding the best course of action for the case.

Our legal malpractice attorneys actively prosecute and defend legal malpractice cases. This is not particularly common—most firms do one or the other. By having significant experience on each side of these issues, we have the unique ability to view cases from a more holistic perspective, making us more effective at what we do.


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Loss Prevention & Legal Ethics

RH | Montes De Oca represents and advises other attorneys, law firms, and their clients and other businesses that retain lawyers about all aspects of the law, including legal ethics and loss prevention. The firm counsels clients on avoidance of malpractice claims and if a problem develops during a client representation, how to cure the problem before it results in a claim or lawsuit. RH | Montes De Oca also helps clients when faced with potential ethical issues and State Bar related inquiries.

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Why Choose Us

Trial Attorneys

Results

Personalized Service

Our legal malpractice attorneys actively handle both plaintiff and defense legal malpractice cases. This is not particularly common—most firms only do one or the other. By having significant experience on each side of these issues, we can view cases from a more holistic perspective, making us more effective at what we do.

The size of our firm also enables us to provide more personalized service and attention. We understand that every single case and client we take on is different, and the playbook varies widely from one client to another. Rather than trying to apply the same process to every case, we dig deep into the facts of your issue and deal with them on an individual level.

This approach allows us to provide our clients with more cost-effective services, as well. The lawyers at our professional liability law firm pride themselves on their ability to see the big picture, while pinpointing the specific elements of your case that make it unique. This allows us to avoid doing unnecessary work and prevent unnecessary costs.

Meet Our Team


Kyle Montes De Oca

Partner

Daniel Hager

of Counsel

Sylvia Bernardino

Office Manager

The Latest From Our Blog

Which Damages Can I Recover for Legal Malpractice
10 Feb, 2020
If you bring a legal malpractice lawsuit against your former attorney you may be entitled to recover damages, assuming you can prove he or she was negligent and you suffered damage.
20 Dec, 2017
Attorneys are not just excellent resources for legal advice, but they also apply their skills gained over their training and careers to help you overcome the legal challenges you face. But how do you choose the right lawyer for your specific issue?
23 Nov, 2017
If you believe your attorney committed legal malpractice you might be able to seek compensation for your financial harm through a lawsuit. However, prior to filing a claim, you should consult with an experienced legal malpractice attorney to identify the applicable statute of limitations and determine whether or not it has expired. Generally, the statute of limitations for an action against an attorney arising from his or her performance of professional services, must be started within the earlier of: 1 year after you discover (or should have discovered) the facts constituting the wrongful act or omission; or 4 years from the date of the wrongful act or omission. Therefore, if you are at all concerned that your attorney may have committed legal malpractice, you must act quickly to get all the facts you can. Get in touch with a legal malpractice attorney. One year might seem like a lot of time, but each case is different, and for some it can take longer than others to get the facts you need to gather evidence before filing your claim. Are there exceptions to the statute of limitations? There are four ways in which you can “toll” (delay or postpone) the statute of limitations for your legal malpractice case. They are as follows: No Actual Injury – If you sustained actual injury (damage) after the date of the alleged negligence, the clock for the statute of limitations will start at the time you are damaged rather than the time at which you discovered the negligence. Continuous Representation – If the attorney continues to represent you regarding the specific subject matter in which the alleged negligence occurred, then the clock for the statute of limitations starts at the time that representation ends rather than the date of negligence or its discovery. Concealment – If the attorney willfully conceals the facts constituting his or her wrongdoing, the statute of limitations is tolled (this tolls only the 4-year limitations period). Disability – If your legal or physical disability restricts you from filing a claim, the statute of limitations may be tolled until that disability ends Schedule a Free Consultation with Our Experienced Professional Liability Attorneys For more information on the statute of limitations and other issues related to legal malpractice cases, schedule a free consultation with our legal malpractice attorneys: (415) 352-0980.

Contact Our Experienced Professional Liability Attorneys Today

To learn more about pursuing a legal malpractice claim in California, contact the legal malpractice attorneys at RH | Montes De Oca, APC.   

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