951-742-7681

Call Us For Free Consultation

 

Author: Knez Law Group

How to Determine When an Attorney is Responsible for a Breach of Fiduciary Duty

 Breach of fiduciary duty is often confused with legal malpractice. A breach of fiduciary duty and legal malpractice both fall under the capacity of tort law. A breach of fiduciary duty, however, is not the same as an attorney committing a legal malpractice or other form of professional negligence. Importantly, where a claimant asserts both a breach of fiduciary duty and a legal malpractice, the breach of fiduciary duty claim may be dismissed if it is based on a breach of the duty of care which is the standard for a legal malpractice. However, a breach of fiduciary duty will...

Continue reading

Child Custody Cases in California: Frequently Asked Questions

When parents cannot agree to the terms of a child’s custody or visitation, the parents may choose to go to court and have a judge provide a temporary order. A court order on child custody is based on the “best interests of the child” which is determined based on various enumerated factors under the California Family Code. A temporary order on child custody will remain in effect until the parents can reach a mutual agreement as to permanent custody or when the issues have been resolved in a trial with a final or permanent order on child custody. If you are...

Continue reading

File a Wage and Hour Complaint in the State of California

In California, an employee can enforce his or her wage and hour rights by filing a complaint through the California Superior Court, Federal District Court, or directly with the Division of Labor Standards Enforcement depending on various circumstances including the type of claims being asserted and whether there is an employment arbitration agreement. The wage and hours of an employee in California are protected under state and federal laws. Unbeknownst to many, these laws are not typically self-enforced and when a labor law has been violated, the worker will need to take action by filing a claim. Types of claims can...

Continue reading

Professional Liability in the State of California: Proving Legal Malpractice

The California’s court system is one of the largest in the world, serving a population of more than 39 million people. According to the Judicial Council of California, in the fiscal year of 2015-2016, 6.2 million cases were filed in the Superior Courts for matters from civil, criminal, family and juvenile, probate, mental health, appeals and habeas. With those statistics, it should come to no surprise that you or someone you know may be involved in a situation that requires the need of a legal professional and the expertise of an attorney. Unfortunately, there are attorneys who work without due...

Continue reading