An attorney who fails to act in a certain manner or who does something wrongful may have committed an ethical violation and may have committed legal malpractice. However, an attorney simply failing to do something or doing something wrong does not necessarily mean that the attorney has committed malpractice.
Legal malpractice cases can be very difficult cases to prove, and depending on the set of circumstances, it is not always clear that an attorney has actually committed malpractice even if the attorney did something wrong. If you or someone you know believes they may have a claim against an attorney, then do not hesitate to contact an experienced legal malpractice attorney. The attorneys at Knez Law Group know how to analyze the particular set of facts of each case and review the underlying case to determine how viable of a claim someone has against their former attorney.
Legal Malpractice (Professional Liability) – Legal malfeasance or attorney malpractice is a form of professional liability, and is an action brought against a lawyer and/or a law firm for wrongful conduct that causes harm to a client. The key to malfeasance is that there is an act or an inaction that has caused the client to not be successful or as successful in the underlying action. One example of legal malfeasance could include filing a complaint to initiate a lawsuit that leaves out all potential claims or that fails to state specific elements of a claim, which results in the case being dismissed or dismissed with prejudice. This may result in the claim being barred if the statute of limitations has passed or because the court has ruled that the claim cannot be filed again. This particularly occurs when there are changes in the statute or pleading requirements.
Breach of Duty – Attorneys owe ethical and fiduciary duties to their clients, as well as a duty to exercise reasonable skill and care in the representation of their client. Attorneys can breach these duties by failing to act in accordance with the standard of care they are obligated to provide. There are a number of circumstances that can result in a breach, from mismanagement of a case, mismanagement of client funds, and failure to communicate and inform clients throughout the case. If an attorney owes you a duty and then breaches that duty, causing you damages, you may be entitled to relief. If you or someone you know believes an attorney committed malpractice, contact an attorney today at the Knez Law Group.
Breach of Fiduciary Duty – In California, there are several established fiduciary duties that lawyers owe to clients. These duties are established in the California Rules of Professional conduct. Some of the fiduciary duties outlined in the rules include the duty of loyalty to clients, the duty to charge fair and reasonable fees, the duty to only charge for services rendered, and a duty to not engage in a conflict of interest without the clients informed consent.
Breach of Confidentiality – Lawyers have a duty to keep the information obtained from a client confidential. This is an ethical obligation of lawyers that is in place not only so clients can speak with their attorneys freely, but also so that information is not disseminated and used against the clients. Confidentiality is to be maintained during and after representation, as well as after the death of a client. If a lawyer releases confidential information that is used to your detriment, you may be entitled to relief for a breach of confidentiality.
Experienced Legal Malpractice Counsel – Fred J. Knez is a former referee for the State Bar and has litigated legal malpractice cases for more than 20 years. Mr. Knez together with is sons, Andrew Knez and Matthew Knez, has successfully prosecuted legal malpractice and attorney fee claims against some of the largest firms in Southern California and maintains a significant caseload of legal malpractice cases. The Inland Empire legal malpractice attorneys at Knez Law Group are trusted attorneys who can assist you in obtaining relief for a legal malpractice claim. Contact the Knez Law Group today at (951) 742-7681 to schedule a consultation.
Knez Law is a father and son law firm serving Southern California.
Being a smaller firm, Knez Law has a reputation of providing personal attention to their clients while providing effective legal solutions in the areas of business litigation, personal injury, family law, probate litigation, employment litigation and legal and medical malpractice.
Senior partner, Fred J. Knez, founded the firm based on the belief that solid legal representation requires a commitment to the client’s needs and a focus on successful results. At Knez Law, we pride ourselves on one-on-one relationships with our clients, and a legal team dedicated to effective representation.
