A Team of Trusted Legal Malpractice Attorneys in San Francisco
Legal malpractice is the failure of an attorney to perform according to the standards of professional—and, in some cases, ethical—conduct expected of the position. This goes beyond a simple failure to achieve a desired result- monetary or otherwise. There must be a breach of the standard of care which caused you harm to qualify as legal malpractice.
At RHM, 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.
Why should you work with RHM?
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.
The small size of our firm also enables us to provide more personalized service and attention. We understand that every single case and client is different, and the playbook varies widely from one client to another. Rather than trying to apply the same process to every case, we delve into the facts of your issue and deal with them on an individual basis.
This approach allows us to provide more cost-effective services, as well. Our lawyers 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 prevents needless costs.
What should you know about legal malpractice claims?
For plaintiffs to establish legal malpractice, they must prove the following elements existed:
- The lawyer owed a duty to the client to provide competent representation in the case (this is typically assumed in a lawyer-client relationship);
- The lawyer breached this duty by acting in a careless manner or making some sort of mistake;
- The breach of this duty harmed the client; and
- The resulting harm caused financial loss for the client
In short, plaintiffs must show that had the lawyer represented them competently, they would have prevailed (or achieved a better outcome) in the underlying case.
Because of the “case within a case” nature of legal malpractice claims, the plaintiff has a high burden of proof. It is not enough for the client to have had a bad outcome in a case. That outcome must have occurred because of negligence on the part of the attorney.
Some examples of legal malpractice cases include the following:
- Failure to know or apply the law
- Errors in case planning
- Missing legal deadlines
- Failure to file necessary documents
- Failure to communicate
- Improper withdrawal from a case
Contact Our Experienced Professional Liability Attorneys Today
To learn more about pursuing a legal malpractice claim in California, contact the legal malpractice attorneys at Roeca Haas Montes De Oca, LLP. We look forward to meeting with you and discussing your case.