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Legal Malpractice

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...

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Attorney- Client Privilege: An Overview of Confidentiality and Its Limitations

As a client, it is important to know that almost everything you tell your attorney is privileged, therefore confidential. The key, however, is that not everything will be confidential. This article will help guide you through what is and is not considered confidential in your communication with your attorney. Understanding this will help protect your rights and will also help you recognize if you have a case against a negligent attorney who you had retained for services, and may have not fulfilled their duty to you as their client. Every case will be different and there are certain laws in your...

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Understanding the Difference Between Ethics Violations and Legal Malpractice

Perhaps you have just completed an emotionally draining legal battle, or you are still in the middle of a legal battle, and you suspect that the outcome of the case could or would have been different had certain things been done differently. Once the ordeal has passed, you have noticed that there were several specific aspects that transpired that affected the outcome of your case. You begin to think that these situations were caused by something your attorney did or failed to do. If you have recently lost a legal case or claim, in which you have reason to believe that...

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Your Attorney’s Obligation to Confidentiality

If you have hired an attorney, the attorney can be held liable for not keeping certain things about your conversation private. Under the State Bar of California, Rules of Professional Conduct, with rare exceptions, an attorney has an obligation to uphold client confidentiality. The most fundamental principle in attorney-client privilege is the preservation of the client’s confidential information, which includes the conversations held between the attorney and his or her clients.  The attorney-client privilege serves to encourage clients to seek legal assistance and communicate fully and frankly with their attorney on all matters even if embarrassing and legally damaging.  Furthermore, the...

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