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...

01 April

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Professional Liability in the State of California: Proving Legal Malpractice

Posted by Matthew Knez

in 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...

21 January

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

Posted by Matthew Knez

in Legal Malpractice

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...

21 September

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Understanding the Difference Between Ethics Violations and Legal Malpractice

Posted by Matthew Knez

in 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...

Legal Malpractice Tag

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

Professional Liability in the State of California: Proving Legal Malpractice

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

Understanding the Difference Between Ethics Violations and Legal Malpractice